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HomeMy WebLinkAboutCC AG PKT 2010-06-14#BBAGENDA STAFF REPORT DATE: June 14, 2010 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Mark Persico, AICP, Director of Development Services SUBJECT: PUBLIC HEARING - ADOPTION OF NEGATIVE DECLARATION 2010 -1; ADOPTION OF MUNICIPAL CODE, TITLE 11: ZONING; AND ADOPTION OF ZONE CHANGE 10 -2 SUMMARY OF REQUEST: Conduct a public hearing to consider: ❑ Adopting Resolution No. 6005, A Resolution of the Seal Beach City Council Adopting Negative Declaration 2010 -1 for the Seal Beach Municipal Code Title 11 (Zoning Code), and Instructing Staff to File Appropriate Documentation with the County of Orange. ❑ Introducing Ordinance No. 1598, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Repealing Chapter 28, Zoning, and Adopting a New Title 11 (Zoning Code), and Adopting Zone Change 10 -2. BACKGROUND AND FACTS: On May 5, 2010, the Planning Commission recommended that the City Council adopt Title 11 a new Zoning Code for the City. The Commission recommendation contained a series of 43 revisions to the Draft Title 11 dated February 2010. Many of the changes were intended to reflect current State law in the areas of wireless facilities and large family day care. The Planning Commission further recommended that the City Council adopt a Negative Declaration in compliance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines. The Negative Declaration indicates that the potential impacts related to adoption of the Zoning Code are less than significant. On June 2, 2010, the Planning Commission recommended that the City Council adopt Zone Change 10 -2. The Zone Change is intended to accomplish two goals: Agenda Item BB Page 2 1) to make the zoning map consistent with the zoning designations in the new Zoning Ordinance, and 2) to rezone a portion of Old Town such that all of the Old Town zoning is consistent. INITIAL STUDY AND NEGATIVE DECLARATION 2010 -1: The Initial Study and Negative Declaration 2010 -1 were previously provided to the City Council on April 15 and are hereby incorporated by reference (Attachment 1). However, due to the size of the document it is not included with the report, but copies will be available at the public hearing. The proposed project consists of the adoption of a new Title 11 Zoning Code and a related Zone Change. However, the proposed project does not authorize any physical alterations and /or construction 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.). The Negative Declaration was prepared by city staff and was available for public review and comment from April 15 to May 17, 2010, in accordance with the provisions of the California Environmental Quality Act. The Initial Study, proposed Negative Declaration, and required public notices are on file at the Department of Development Services. The City received comments from the following agencies or individuals, as listed below: ❑ State of California Office of Planning and Research, May 18, 2010; ❑ State of California Coastal Commission, May 17, 2010; ❑ State of California Department of Transportation, District 12, May 6, 2010; ❑ State of California Native American Heritage Commission, May 6, 2010; and ❑ City of Seal Beach Environmental Quality Control Board, Minutes of April 28, 2010. CEQA Section 21091(d)(1) requires that the City, as lead agency, must consider any comments on the proposed Mitigated Negative Declaration that are received during the public review and comment period. Pursuant to CEQA, the lead Agency is only obligated to respond to comments on an Environmental Impact Report, not for a proposed Negative Declaration. However, the City did prepare written responses voluntarily in order to acknowledge public input and fully address any issues raised. The "Responses to Comments" is attached (Attachment 2). Page 3 After distribution of the "Responses to Comments" document by the City, an additional comment letter was received from Orange County Public Works stating they had no comments. The City has not responded to this late comment. Based upon a recommendation of the Planning Commission and the Environmental Quality Control Board, staff suggests that: ❑ The City Council Adopt the Negative Declaration pursuant to Resolution No. 6005 (Attachment 3) and find as follows: ❑ Negative Declaration 2010 -1 - Adoption of Title 11 (Zoning Code) — Seal Beach Municipal Code, was prepared by city staff and therefore reflects the independent judgment of the City; ❑ 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; ❑ Approval of this project involves no potential for adverse effects, either individually or cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife. The project consists of the adoption of New Zoning Code Title 11 — Seal Beach Municipal Code and as set forth on pages 13 through 15 of the Negative Declaration, it has been determined that the project would have "No Impact' on: ❑ Any species identified as a candidate, sensitive, or special status species; ❑ Any riparian habitat or other sensitive natural community; ❑ Federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.); ❑ The movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded use of native wildlife nursery sites; ❑ Does not conflict with any local policies or ordinances protecting biological resources; and ❑ Does not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. ❑ The City Council also direct staff to file the "Notice of Determination" and the "No Effect Determination Form" with the appropriate State and County agencies. MUNICIPAL CODE, TITLE 11 (ZONING): The public hearing is to receive public testimony regarding adoption of a new Zoning Code. A complete copy of the "Seal Beach Municipal Code - Draft Title 11: Zoning, February 2010" is available on the City's website and was previously distributed. The Planning Commission recommended adoption of the Code along with a series of 43 amendments that are set forth in "Exhibit A" of Planning Commission Resolution 10 -22. Page 4 The "Seal Beach Municipal Code - Draft Title 11: Zoning, February 2010" is hereby incorporated by reference (Attachment 4), but due to the size of the document is not included herein. Copies of the complete version of Title 11 are available at each library in the City and at City Hall. Copies will also be available at the public hearing for review by interested persons. OVERVIEW OF PROPOSED TITLE 11 (ZONING): The Proposed Title 11: "Zoning" 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 significant changes from both procedural and development regulation standards incorporated into the proposed Zoning Code that do not currently exist in the present Zoning Code. The 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. Please see the discussion below regarding "Suggested Additional Revisions To Title 11 (Zoning)" regarding these mass, bulk, and design provisions. 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. PLANNING COMMISSION ACTION — TITLE 11 (ZONING): The Planning Commission held a public hearing on May 5, 2010, and recommended adoption of the new Title 11, Zoning. Attached is the Planning Commission Resolution 10 -22 (Attachment 5), which includes all of the Commission recommended changes. Also attached is a copy of the Planning Commission staff report (Attachment 6) and meeting minutes (Attachment 7). Page 5 PLANNING COMMISSION ACTION — ZONE CHANGE 10 -2 (ZONING MAP): The Planning Commission conducted a public hearing on June 2, 2010, and recommended adoption of the new Zoning Map: ❑ To be consistent with the new Zoning District names in Title 11, and ❑ To place the residential area of "Old Town" bounded by Pacific Coast Highway, the 17th Street Alley, Electric Avenue, and the 12th /13th Street Alley in the RHD -20 Zoning District, to be consistent with the zoning for the majority of "Old Town." This area is currently in the "Residential Medium Density — District I" zone. No other changes to current zoning designations of property are proposed. Attached are copies of the Planning Commission Resolution 10 -25 (Attachment 8), the Planning Commission Staff Report (Attachment 9), and the Planning Commission minutes (Attachment 10). CITY COUNCIL PUBLIC HEARING — TITLE 11 (ZONING): This public hearing is the culmination of a 5 month process by the City to complete a comprehensive revision and update to the Zoning Code of the City. This effort has been built upon the previous efforts of the City between 2007 and 2009 to adopt an updated Zoning Code. During the current period of time between the release of the February 2010 Draft Title 11 and now, the City conducted a total of 12 Community Information Meetings, as indicated below: Community Information Meetings Residential Neighborhood Meetings ❑ March 1, 2010: Old Town ❑ ❑ March 2, 2010: Surfside ❑ ❑ March 9, 2010: & West ❑ March 10, 2010 College Park East ❑ Leisure World ❑ March 24, 2010: Marina Hill and the Coves ❑ March 29, 2010: Old Town ❑ March 30, 2010: College Park East & West ❑ March 31, 2010: Old Town Business Communitv Meetinas March 3, 2010: Old Town March 15, 2010: Old Ranch Towne Center /Shops at Rossmoor March 16, 2010: Old Town ❑ March 23, 2010: Seal Beach Center /Seal Beach Village The meetings were held at various locations to allow maximum attendance by residents and business owners. Approximately 100 people attended the Page 6 meetings and shared their opinions on the draft Code. Additionally, staff met with the Chamber of Commerce and other interested parties to discuss their specific concerns. SUMMARY OF "OVERARCHING ISSUES ": Based on comments received during the 12 Community Information Meetings staff identified 5 "Overarching Issues" for consideration by the Planning Commission, and now by the City Council, in considering the adoption of a new zoning code for the City. Those identified "Overarching Issues" are: 1. The use of mass and bulk provisions in the Zoning Code; 2. The impacts of the Zoning Code on commercial properties; 3. The impact of the Zoning Code on non - conforming structures; 4. The appropriateness of Administrative Use Permits versus Conditional Use Permits; and 5. Miscellaneous concerns. The April 12, 2010 "Joint Presentation City Council and Planning Commission Agenda Staff Report" provides additional discussion regarding the "Overarching Issues," including ❑ "What Staff Heard" — a summary of the public comments received; ❑ "Background" discussion; and ❑ "Staff Response." SUGGESTED ADDITIONAL REVISIONS TO TITLE 11 (ZONING): Staff has continued to carefully review and consider the public comments received during the 12 Community Information Meetings held in March 2010, even after the Planning Commission hearing. Based on our review staff suggests further refinements to Title 11 to create a set of "Interim Community Guidelines." The Guidelines would remove regulations regarding building mass, building bulk, and building design standards from Title 11 and place these standards into guidelines, which would be adopted by City Council Resolution. This suggestion is based upon feedback staff received during the March 2010 Community Information Meetings. A reoccurring theme that staff heard was related to the proposed building mass, building bulk, and building design standards. We received comments in favor of the proposed standards and in opposition to those proposed standards. In order to highlight those specific issues staff is proposing that these provisions be relocated out of Title 11 and adopted instead as "guidelines." While guidelines do not have the full effect of a law, and property owners and designers can ignore the guidelines, many cities throughout California successfully utilize guidelines for building design purposes. Page 7 Staff is suggesting that the sections listed below be relocated from the Zoning Code and be. placed into a set of "Interim Community Guidelines ": Chapter 11.2.05 — Base District Regulations — Residential Districts: ❑ Table 22.2.05.015 — Ratio of 2nd Story Building Area to Vt Story Building Area; ❑ Section 11.2.05.015.F — RLD -9 District — Minimum Rear Yards; ❑ Section 11.2.05.015.1- - Building Entrance; ❑ Section 11.2.05.015.M — Fagade Articulation — Lots Greater then 25 Feet in Width; ❑ Section 11.2.05.015.N — Windows and Trim; ❑ Section 11.2.05.015.P — Additional Front Setback Above 14 feet; ❑ Section 11.2.05.015.Q — Additional Side Setback or Stepback Above 14 Feet; ❑ Section 11.2.05.015.R — Design of Building Additions; ❑ Section 11.2.05.015.U.3 — Additional Offset for Garage Facing Street; and ❑ Section 11.2.05.015.Y — Open Space Requirements. Chapter 11.2.10 — Base District Regulations — Commercial and Mixed -Use Districts: ❑ Section 11.2.10.015.1 — Building Design Features; ❑ Section 11.2.10.015.J — Blank Walls; ❑ Section 11.2.10.015.E — Ground Floor Requirements; and ❑ Section 11.2.10.015.M — Building Transparency Chapter 11.2.15 — Base District Regulations — Light Manufacturing and Oil Extraction Districts: ❑ Section 11.2.15.015.6 — Building Design Features; Upon the adoption of the "Interim Community Guidelines" staff would utilize the adopted guidelines when working with project applicants to attempt to have development projects incorporate the guidelines to the greatest extent possible. After utilization of the "Interim Community Guidelines" for 6 -12 months, staff could report back to the Planning Commission or the City Council on the effectiveness of the guidelines. At which point the "Interim Community Guidelines" could be modified as necessary. Staff has prepared a redline version of indicating which sections of Title 11 would be contained in the "Interim Community Guidelines" (Attachment 11). Additionally, staff has prepared a clean version of the "Interim Community Guidelines" which could be adopted by City Council resolution (Attachment 12). Based upon the Planning Commission recommendation of May 5, 2010, and the refinements outlined above, Staff would suggest that the City Council adopt new Title 11 (Zoning) pursuant to Ordinance No. 1598 (Attachment 13). Page 8 EFFECTIVE DATE OF TITLE 11: In accordance with the provisions of State law, an ordinance becomes effective 30 days after the City Council "second reading" of the ordinance. This is the standard practice of the City, unless the City Council determines to adopt a different effective date bf the adopted ordinance provisions. Any application deemed complete by the effective date of the new Ordinance would be processed under the current Chapter 28. FINANCIAL IMPACT: There are no direct financial impacts related to the Code, except for printing costs which have been previously budgeted. RECOMMENDATION: At the conclusion of the public hearing, staff suggests that the City Council: ❑ Adopt Resolution No. 6005 A Resolution of the Seal Beach City Council Adopting Negative Declaration 2010 -1 in Connection with the Adoption of Seal Beach Municipal Code Title 11 (Zoning Code), and Instructing Staff to File Appropriate Documentation with Appropriate State and County agencies. ❑ Introduce Ordinance No. 1598, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Repealing Chapter 28, Zoning, and Adopting a New Title 11 (excepting the "Community Guidelines as described herein), Zoning and Adopting Zone Change 10 -2. ❑ Instruct Staff to prepare a subsequent Resolution - for City Council consideration at the time of consideration of second reading and adoption of Ordinance No. 1598, which will adopt the removed building mass, building bulk, and building design standards from Title 11 as "Interim Community Guidelines." SUBMITTED BY: Mark Persico, AICP Director of Development Services NOTED AND APPROVED: cw<=�-J David Carm y, City Manager Lee Whittenberg, Development Services Project Consultant Page 9 Attachments: (13) Attachment 1: Initial Study and Negative Declaration 2010 -1, Adoption of New Zoning Code Title 11 — Seal Beach Municipal Code, prepared by the City of Seal Beach, April 15, 2010 - Hereby incorporated by reference and not included due to length. A complete copy is available on the City's website at www.ci.sealbeach.ca.us. Attachment 2: Responses to Comments for Initial Study/ Negative Declaration 2010 -1, Adoption of New Zoning Code Title 11 — Seal Beach Municipal Code, dated May 25, 2010 Attachment 3: Resolution No. 6005, A Resolution of the Seal Beach City Council Adopting Negative Declaration 2010 -1 In Connection with the Adoption of Seal Beach Municipal Code Title 11 (Zoning Code Attachment 4: Draft Title 11 Zoning, February 2010 — Hereby incorporated by reference and not included due to length. A complete copy is available on the City's website at www.ci.sealbeach.ca.us. Attachment 5: Planning Commission Resolution Number 10 -22, Recommending to the City Council an Amendment to the Seal Beach Municipal Code by Repealing Chapter 28, Zoning, and Adopting a New Title 11 (Zoning Code) Attachment 6: Planning Commission Staff Report, May 5, 2010 Attachment 7: Planning Commission Minutes, May 5, 2010 Attachment 8: Planning Commission Resolution Number 10 -25, Recommending to the City Council Approval of Zone Change 10 -2, an Amendment to the Seal Beach Zoning Map to be Consistent with Recommended Title 11, Zoning, adopted June 2, 2010 Attachment 9: Planning Commission Staff Report, June 2, 2010 Attachment 10: Planning Commission Minutes, June 2, 2010 Attachment 11: Part II, Base District Regulations — Annotated — Indicating removal of suggested building mass, building bulk, and building design standards Attachment 12: Proposed "Interim Community Guidelines" Attachment 13: Ordinance No. 1598, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Repealing Chapter 28, Zoning, and Adopting a New Title 11, Zoning and Adopting Zone Change 10 -2 ATTACHMENT 1 INITIAL STUDY AND NEGATIVE DECLARATION 2010 -1, ADOPTION OF NEW ZONING CODE TITLE 11 - SEAL BEACH MUNICIPAL CODE, PREPARED BY THE CITY OF SEAL BEACH, APRIL 15, 2010 HEREBY INCORPORATED BY REFERENCE AND NOT INCLUDED DUE TO LENGTH. A COMPLETE COPY IS AVAILABLE ON THE CITY'S WEBSITE AT www.ci.sealbeach.ca.us. ATTACHMENT 2 RESPONSES TO COMMENTS FOR INITIAL STUDY/ NEGATIVE DECLARATION 2010 -1, ADOPTION OF NEW ZONING CODE TITLE 11 - SEAL BEACH MUNICIPAL CODE, DATED MAY 25, 2010 Responses to Comments for Initial Study /Negative Declaration 2010 -1 ADOPTION OF NEW ZONING CODE TITLE 11 - SEAL BEACH MUNICIPAL CODE CITY OF SEAL BEACH -5E T�, Prepared by: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Contact: Mark Persico, AICP, Director of Development Services (562) 431 -2527, extension 1313 May 25, 2010 ZACarmen_data7itle 11 W D 2010 Responses To Comments.doc Table of Contents Section 1 Introduction ..................................................... ..............................1 Section 2 Comment Letters and Responses ................... ..............................3 State of California Office of Planning and Research .....................4 State of California Coastal Commission .......... ..............................9 State of California Department of Transportation, District 12......11 State of California Native American Heritage Commission .........13 City of Seal Beach Environmental Quality Control Board Minutes of April 28, 2010 ............................... .............................16 City of Seal Beach Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Section 1. Introduction This document has been prepared to respond to public comments received on Negative Declaration 2010 -1 for the proposed Adoption of New Zoning Code: Title 11 — Seal Beach Municipal Code. The Negative Declaration was subject to a 30 -day public review period from April 15, 2008 to May 17, 2010. The California Environmental Quality Act (CEQA) Guidelines Section 15073(a) states that the Lead Agency shall provide a public review period of not less than 30 days for a proposed Negative Declaration when review by state agencies is required. Distribution of the Initial Study/ Negative Declaration and Notice of Intent to Adopt a Mitigated Negative Declaration for review and comment included the following agencies and organizations: State of California Office of Planning and Research County of Orange — County Clerk California Coastal Commission Orange County Fire Authority County of Orange EMA - Planning OCEMA —Transportation Planning Regional Water Quality Control Board — Santa Ana Region South Coast Air Quality Management District Southern California Association of Governments Army Corps of Engineers — Los Angeles District California Department of Fish & Game — Region 5 Orange County Sanitation District Caltrans District 12 Caltrans District 7 Naval Weapons Station, Seal Beach Los Alamitos Unified School District Southern California Edison SoCal Gas Company Verizon Telephone City of Los Alamitos City of Garden Grove City of Huntington Beach City of Long Beach City of Westminster Gabrielino/Tongva Tribal Council Gabrielino - Tongva Tribal Council of the Gabrielino Tongva Nation Gabrielino Tongva Indians of California Golden Rain Foundation Rossmoor Community Services District Island Village Homeowner's Association City of Seal Beach 1 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments The Notice of Intent to Adopt a Negative Declaration was published in the local newspaper, The Sun, on April 15, 2010. Copies of the Negative Declaration were also made available for public review at the Development Services public counter and at each library within the City. The City of Seal Beach received 4 comment letters on the Negative Declaration from public agencies and also received comments from the Environmental Quality Control Board during the public comment period. CEQA section 21091(d)(1) requires that the City, as Lead Agency, must consider any comments on the proposed Mitigated Negative Declaration that are received within the public review period. In addition, the City further determined to have the draft Negative Declaration reviewed by the Planning Commission at public hearings being conducted regarding the proposed Title 11, Zoning. At the May 5, 2010 Planning Commission meetings the City received no comments from members of the Planning Commission or the public regarding Negative Declaration 2010 -1. CEQA Guidelines Section 15204(b) provides that in reviewing negative declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should 1) identify the specific effect; 2) explain why they believe the effect would occur, and 3) explain why they believe the effect would be significant. CEQA Section 15204(c) further advises: "Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15604, an effect shall not be considered significant in the absence of substantial evidence. Section 15204(d) also states, "each responsible agency and trustee agency shall focus its comments on environmental information germane to that agency's statutory responsibility." Section 15024(e) states, "this section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or the lead agency to reject comments not focused as recommended by this section." Each comment letter received during the public review period is included in its entirety in this document. Each letter is followed by responses corresponding to comments submitted in the letter. Responses are provided for all comments submitted. No new significant environmental impacts are raised by the submitted comment letters. City of Seal Beach 2 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments 4 Section 2. Comment Letters and Responses This section provides complete copies of all comment letters received during the public review period and by the Environmental Quality Control Board for the proposed Initial Study/ Negative Declaration 2010 -1. Each letter or meeting minutes is included in its entirety for the subject negative declaration, followed by responses that correspond to the comments raised. Response Number Agency/Organization /Individual Letter Date 1 State of California Office of Planning and May 18, 2008 Research 2 State of California Coastal Commission May 17, 2010 3 State of California Department of May 6, 2010 Transportation, District 12 4 State of California Native American Heritage May 6, 2010 Commission Agency Public Comment Meeting 5 City of Seal Beach Environmental Quality April 28, 2010 Control Board Meeting Minutes City of Seal Beach Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments 3 Letter 1: State of California Office of Planning and Research, May 18, 2010 .. STATE OF CALIFORNIA GOVERNOR'S OFFICE of PLANNING AND RESEARCH � SPATE CLEARINGHOUSE AND PLANNING UNIT AaNOLa SCawAS2$raC.'GBH GOVERNOR May 18, 2010 MarkPersico MAY 2 4 2010 City of Seal Beach 211 Eigbih Street Seal Beach, CA 90740 Subject Adoption of New Zoning Code - Title 11 SCH#: 2008031045 Dear Mark Persico: .ea m � A r. DmECMIL The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review. On the enclosed Document Details Report please note that the Clearinghouse has listed the state agencies that reviewed your document The review period closed on May 17, 2010, and the comments from the responding agency (ies) is ( are) enclosed If this comment package is not in order, please notify the State Clearinghouse immediately. Please refer to the project's ten -digit State Clearinghouse number in future comspondenee so that we-may respond promptly. Please note that Section 21104(c) of the California Public Resources Code slates that "A responsible or other public agency shall only make substantive comments regarding those activities involved in a project which are within an area of expertise of the agency or which are. required to be tamed out or approved by the agency. • Those comments shall be supported by specific documentation. - These comments are forwarded for use in preparing your final environmental document Should you need more information or clarification of fe enclosed comments, we recommend that you contact the commenting agency fitly. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act Please contact the 1 -1 State Clearinghouse at ( 916) 445 -0613 if you have any questions regarding the environmental review process- * Director, State Clearinghouse Enclosures cc Resources Agency 14001Dth Street P.O. Box %g Sacramento, California 95812 -3044 (916) 445-0613 FAX(916)323-301B www.oprxLgov City of Seal Beach 4 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Letter 1: State of California Office of Planning and Research, May 18, 2010 Document Details Report State Clearinghouse Data Base SChf# 2008031045 Project TiYNe Adoption of New Zoning Code - Title 11 Lead Agency Seal Beach, City of Type Nag Negative Declaration Description NOTE: Review per Lead 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 most 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 riot currently existing in the present zoning code. 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, Idosks, artist's studios, catering services, and handicraft/custom manufacturing uses. New provisions related to a number of design related Issues are proposed, such as porches, additional building stepbacks for structures more than 14 ft high, use of compatible material and design elements for building additions, and other design and aesthetic matters of concern to the City. In addition an "Adrrrinisbative 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. Note: Blanks in data fields result from insufficient Information provided by lead agency. City of Seal Beach 5 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Letter 1: State of California Office of Planning and Research, May 18, 2010 Lead Agency Contact Name Mark Persieo Agency lady of Seal Beach Phone (562) 431 -2527 x 1313 email Address 211 Eighth Street City Seal Beach Document Details Report State Clearinghouse Data BAse Fax State CA Zip 90740 Project Location County Orange City •Seal Beach Region Lat /tong 33' N 1116' W Cross Streets citywide Parcel No, Townsh/p Range Section Base Proximity to: Highways 101 Airports , Railways Waterways San Gabriel River, Pacific Ocean Schools _ Land Use WA - Comprehensive update to the Zoning Code Project issues Agricultural land; AesthetitN'isual; Air Quality; ArchaeologicHlstoric; Biological Resources; Coastal Zone; Cumulative Effects; Drainage/Absorption; Flood Plaln/Flooding; Geologic/Saismic; Growth Inducing; l.anduse; Minerals; Noise; Public Services; Recreation /Parks; Septic System; Sewer Capacity; Soil Erosion/Compaction/Grading; Solid Waste; TobdHazardous; Trafic/Ch ulation; Water Quality; Water Supply; Welland/Riparian Reviewing# Resources Agency, California Coastal Commission; Department of Fish and Game, Region 5; Office of Agencies Historic Preservation; Department of Parks and Recreation; Department of Water Resources; California Highway Patrol; Caltrans, District 12; Regional Water Quality Control Board, Region 8; Native American Heritage Commission Date Received 04/14/2010, Start of Review 04/14/2010 End of Review 05117/2010 Note: Blanks in data fields result from insuffldent Information provided by lead agency. City of Seal Beach 6 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Letter 1: State of California Office of Planning and Research, May 18, 2010 May -17 -10 01:IBps Fram- California Coastal +5625805084 T-065 P.002/002 F -031 STATE OF CALIFORNIA NATURAL. RESOURCES AGENCY ARtn SCMWARZENEGGER, G&Amor CALIFORNIA COASTAL COMMISSION SouM Coast Area 011ics 200 Ocranga0a, Sully 1000 Long aeaail, CJ18000243302 590-50" RECEIVED May 17, 2010 Mark Persico MAY 17 2010 ete- Director of Development Services io City of Seal Beach STATE CLEARING HOUSE e 211 Eighth Street Seal Beach, CA 90740 Re: Adoption of the New City of Seal Beach Zoning Code Initial Study /INitlgated Negative Declaration (SCH# 2008031045) Dear Mr. Persico, Thank you for the opportunity to review the initial Study /Mitigated Negative Declaration for the adoption of the New City of Seal Beach Zoning Code. According to the Initial Study/Mitigated Negative Declaration, the proposed comprehensive Zoning Code update is a complete revision of the City's Zoning Code. Since the City of Seal Beach does not have a Certified Local Coastal Program (LCP) nor a certified Land Use Plan (LUP), the Coastal Commission does not have a document in which to review and compare the updated Zoning Code with to determine if there are any inconsistencies with the Coastal Act. When the City decldes to obtain a Certified LCP, the Zoning Code, as well as, other City documents will be reviewed to determine consistency with the Coastal AcL Thank you for the opportunity to comment on the Initial Study/Midgated Negative Declaration for the adoption of the New City of Seal Beach Zoning Code. Commission staff request notification of any future activity associated with this project or related projects. Please feel free to contact me at 562- 590 -5071 with any questions. Coastal Pr" Analyst II Cc: State Clearinghouse City of Seal Beach 7 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Responses to Comment Letter 1 State of California Office of Planning and Research, May 18, 2010 1 -1 This letter indicates that the City has complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act.. The comment raises no environmental issues regarding the proposed project. No response is necessary. City of Seal Beach 8 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Letter 2: State of California Coastal Commission, May 17, 2010 STATE OF CALIFORNIA— NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER. Govemor CALIFORNIA COASTAL COMMISSION South Coast Area office -- p 200 Oceangate suite 1000 ; Long Beach. CA 90602-4302 (562) 590 -5071 j+ �:. q May 17, 2010 Mark Persico IfAY 18 20M0 Director of Development Services �. City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Re: Adoption of the New City of Seal Beach Zoning Code Initial Study /Mitigated Negative Declaration (SCH# 2008031045) Dear.Mr. Persico, Thank you for the opportunity to review the Initial Study /Mitigated Negative Declaration for the adoption of the New City of Seal Beach Zoning Code. According to the Initial Study/Mitigated Negative Declaration, the proposed comprehensive Zoning Code update is a complete revision of the City's Zoning Code. Since the City of Seal Beach does not have a Certtfied Local Coastal Program (LCP) nor a certified Land Use Plan (LUP), the Coastal Commission does not have a document in which to review and compare the updated Zoning Code with to determine if there are any inconsistencies 2-1 with the Coastal Act. When the City decides to obtain a Certified LCP, the Zoning Code, as well as, other City documents will be reviewed to determine consistency with the Coastal Act. Thank you for the opportunity to comment on the Initial Study /Mitigated Negative Declaration for the adoption of the New City of Seal Beach Zoning Code. Commission staff request notification of any future activity associated with this project or related projects. Please feel free to contact me at 562 - 590 -5071 with any questions. Femle Sy Coastal P / ra Analyst 11 Cc: State Clearinghouse City of Seal Beach 9 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Responses to Comment Letter 2 State of California Coastal Commission, May 17, 2010 2 -1 The comment indicates that at such time as the City determines to obtain a Certified Local Coastal Plan that the Coastal Commission will review the Zoning Code along with other City documents to determine consistency with the Coastal Act. The City will work closely with the Coastal Commission when it is prepared to proceed with obtaining a Certified Local Coastal Plan. The comment raises no environmental issues regarding the proposed project. No response is necessary. City of Seal Beach 10 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Letter 3: State of California Department of Transportation, District 12, May 6, 2010 FATE OF CAUFGRMA— .BJMNM5 TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWARZF.NF.CGER G— DEPARTMENT OF TRANSPORTATION District 12 3337 Michelson Drive, Suite 380 Irvine, CA 92612 -8894 C -r cr :_ ::. .h Tel: (949) 724 -2241 F1exJVWPMW1 Fax: (949) 7242592 Be energy egieiend May 6, 2010 1 Mark Persicw, File: IGR/CEQA City of Seal Beach SCH #: 2008031045 2118' Street Log #: 2493 Seal Beach, California 90740 SR -1,1 -405 Subject: Adoption of New Title 11, Zoning of the Seal Beach Municipal Code Dear Mr. Persico, Thank you for the opportunity to review and comment on the Initial Study /Negative Declaration (IS/ND) for the Title 11: Zoning - Seal Beach Municipal Code. The project consists of a complete revision of the City 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. The Title 11 Section includes minor changes to allowable and discretionary land uses within the City. The nearest state routes to the planning area are SR -1 and I-405. The Department of Transportation (Department) is a commenting agency on this project 3 -1 and has no comment at this time. However, in the event of any activity in the Department's right -of -way, an encroachment permit will be required. Please continue to keep us informed of this project and any future developments that could potentially impact State transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Marlon Regisford at (949) 724 -2241. Sincerely, n Christopher Herr., �Bral.Yeief Local Development/Intergovernmental Review C: Terry Roberts, Office of Planning and Research - Cnibaaa unproven mobUdy — Cahfortia' City of Seal Beach 11 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Responses to Comment Letter 3 State of California Department of Transportation, District 12, May 6, 2010 3 -1 This letter indicates that Caltrans District 12 is a commenting agency and has no comments at this time. The comment raises no environmental issues regarding the proposed project. No response is necessary. City of Seal Beach 12 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Letter 4: State of California Native American Heritage Commission, May 6, 2010 K 05/08/2010 13:34 FAX 918 557 5090 ltkvc 1�1c01 NATIVE AMERICAN HERITAGE COMMISSION 915 CRWrq, MALL. ROOM 3" SACMMEMD, CO 96914 M10653-6011 Feu (91st 6A•5390 web stn -,4.m[ May 6, 2010 Mr. Mark Persico, Planner CITY OF SEAL BEACH 211 Eighth Street Seal Beach, CA 90740 Sent by FAX to: 562 -430 -6763 Number of pages: 2 Re: Tr—hall Consultation Per SE Dear Mr. Persiew. Government Code §65352.3 and 5 requires local governments to consult with C,aGfomfa Native American tubes identified by the Native American Heritage Commission (NAHC) for the purpose of protecting, and/or mitigating Impacts to cultural places. Attached is a Native American Tribal Consultation fist of tribes with traditional lands or cultural places located within the requested plan boundaries 4 -1 As a part of consultation, the NAHC recommends that local governments conduct record searches through the NAHC and California Historic Resources Information System (CHRIS) to determine If any cultural places are located wtthln the area(s) affected by the proposed action. A NAHC Sacred Lands File search was conducted based on the project site n information Included in your request and no Native American cultural resources were found within the area of potential effect (APE) you identified (City Boundaries). However, local governments should be aware that records mak+tained by the NAHC and CHRIS are not exhaustive, and a negative response to these searches does not preclude the existence of a cultural place. A tribe may be the only source of information 4 -2 regarding the existence of a cultural place. I suggest you consult with all of those on the accompanying Native American Contacts bt which has been included separately. If they cannot supply information, they might recommend others with specific knowledge about cultural resources in your plan area If a response has not been received within two weeks of notifieabon, the Commission requests that you follow-up with a telephone call to ensure that the project information has been received. If you receive noh"6cation of change of addresses and phone numbers from Tribes, please notify me. With your assistance we are able to assure that our consultation fist contains current Information. If you have sly g9"ns, please contact me at (916) 653 -6251. Program Attachment Witive American Contacts City of Seal Beach 13 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Letter 4: State of California Native American Heritage Commission, May 6, 2010 05/06/2010 13:34 FAX 916 657 5390 NAHC 0002 Native American Tribal Consultation List y Orange County May 6, 2010 Gabrieleno/Tongva San Gabriel Band of Mission Anthony Morales, Chairperson PO Box 693 Gabrieljno Tongva San Gabriel . CA 91778 (626) 286 -1262 -FAX (626) 286 -1632 (626) 286 -1758 - Home (626) 483 -3564 cell Gabrielirto Tongva Naficn Sam Dunlap, Chairperson P.O. Box 86908 Gabrielino Tongva Los Angeles , CA sons samduniapCa earthlink.net (909) 262 -9351 - cell Juar"M Band of Mission Irogwo Acja&,Wnen Naflon Anthony Rivera, Chairman 31411 A La Matanza Street Juanena san Juan capa"w o , CA 926752074 advera(D juaneno.00m (949) 488 -3484 Juaneno Band of Mission Indians Sonia Johnston, Tribal Chairperson '.O. Box 25628 Santa Ana . CA 92799 Juaneno Ionia. johnston § sboglobal. net 714) 323 -8312 uaneno Bend of MiaWm Inalans Aclechemen Natbn Joyce Perry; Representing Tribal Chairperson •955 Passo Segovia Juaneno vine , CA 92612 L49- 293 -8522 This 0st Ie ararant odfr as of the dam of this me.,aa . Gabrielino- Tongva Tribe Linda Candeiaria, Chairwoman 1875 Century Park East, SUlte 1500 Los Angeles . CA 90067 (310) 587 -2203 Gabrielino 310-428 -5767- cell (310) 587 -2281 Dhadbuffon of thb Oat does not reeeve any person or sfandmy respore Wihy as darted In Scmos 70504 of the Health and Sa" Ccchk Section 5W.94 of tae NNW Roouroes Coda and Gannon 609798 of the patlio Aesouves Coda This 0n M appScaMe any for vwwu aa0sn Wth #4WV6 American &tors under Govaranam Coda $acum G 35ZS City of Seal Beach 14 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Responses to Comment Letter 4 State of California Native American Heritage Commission, May 6, 2010 4 -1 This letter provides comments regarding Tribal Consultation per SB 18. The comment raises no environmental issues regarding the proposed project. The City distributed the Negative Declaration to three different tribal groups that the City has dealt with over the past 15 -20 years regarding cultural resource mitigation programs for development projects. As indicated on page 4 of the Initial Study /Negative Declaration 2010 -1: "The proposed project does not authorize any physical alterations and /or development of any properties at this time. Potential future 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." 4 -2 This comment indicates that "A NAHC Sacred Lands File search was conducted based on the project site information included and no Native American cultural resources were found within the area of potential effect (APE) you identified (City Boundaries)." The comment also suggests consultation "with all of those on the accompanying Native American Contacts list." The City did send copies of Initial Study /Negative Declaration 2010 -1 to the following tribal groups and has received no response from any of those groups: ❑ Gabrielino/Tongva Tribal Council; ❑ Gabrielino - Tongva Tribal Council of the Gabrielino Tongva Nation; and ❑ Gabrielino Tongva Indians of California. City of Seal Beach 15 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Public Meeting 5: City of Seal Beach Environmental Quality Control Board Meeting Minutes, April 28, 2010 (Minute Excerpt) 2. Receive Comments — Initial Study /Negative Declaration 2010 -1 Adoption of New Zoning Code Title 11 — Seal Beach Municipal Code, City of Seal Beach. Recommendation: Receive presentation from Staff regarding the document. Receive comments from the public and comments from the Board regarding Initial Study /Negative Declaration 2010 -1. Receive and file Staff Report. Staff Report Mr. Whittenberg delivered the staff report on this item and noted that the comment period will end on May 17, 2010, with the Planning Commission (PC) commencing its public hearings on adoption of the Title 11 Zoning Code (ZC) on May 5th. Once all comments are received, Staff will prepare a Response to Comments report, and City Council will schedule public hearings to consider adoption of the Title 11 ZC, as well adoption of Initial Study /Negative Declaration 2010 -1. Board Comments Member Navarro referred to Page 58 of Negative Declaration 2010 -1 and inquired about the zoning number designations, like RHD 20. Mr. Whittenberg explained that the designations relate to the number of housing units per acre of land that can be built in that particular zone. Member Cummings asked if Administrative Use Permits could be appealed to the Planning Commission. Mr. Whittenberg affirmed that this was possible and explained the Administrative Use Permit process and the appeal process, noting that City Council would be the ultimate appellate body. Member Hurley noted a correction to the Table of Contents of the Part I of the Draft Title 11 Zoning Code. Chairperson Voce referred to Part IV, Section 11.4.05.060- (B)(11) on Page 30, and noted it appears that fumes, odors, and smoke are classified as "public nuisances," and asked that if based upon this he could file a public nuisance complaint with the City for such nuisances. Mr. Whittenberg clarified that this Section relates 5 -1 specifically to impacts from home occupations. Chairperson Voce inquired whether the new Zoning Code could include restrictions on wood burning in residential fireplaces or outdoor fire pits. a, City of Seal Beach 16 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments Public Meeting 5: City of Seal Beach Meeting Minutes, Continued) Environmental Quality Control Board March 26, 2008 (Minute Excerpt Member Barton referred to Section 11.4.05.135 on Vacation Rentals on Page 69 of Negative Declaration 2010 -1 and questioned how licensing is to be handled. She also requested clarification on the maximum allowable building heights for residential districts in Seal Beach. City of Seal Beach 17 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments 5 -2 } 5 -3 Responses to Public Meeting 5 City of Seal Beach Environmental Quality Control Board Meeting Minutes, April 28, 2010 5 -1 The Zoning Code would not be the appropriate portion of the Municipal Code to place any desired regulations regarding the use of wood burning fireplaces or outdoor fire pits. If such regulations were to be contemplated in the future, it would most appropriate to place those type of regulations in Title 7, Public Peace, Morals, & Welfare. The City Council would need to give direction regarding any further consideration of this type of a regulation, as there may be pre - emption factors due to the regulatory authorities granted to the South Coast Air Quality Management District. 5 -2 Business licensing of vacation rentals is currently handled the same as for a motel or hotel pursuant to Municipal Code Section 5.10.025.A.31. 5 -3 The residential height limits are set forth in Table 11.2.05.015 and in Section 11.2.05.015. H. The height limits are 25 -feet for the RLD -9, RLD -15, and RHD -20 Districts. These areas include Old Town, Bridgeport, the Hill /Coves, College park East and College Park West. The RMD -18 District allows 25 feet in height for the front'/ of a lot and 35 feet for the rear Y2 of the lot. The only area in the City that will be zoned RMD -18 upon adoption of the new Zoning Code and accompanying Zoning Map is the Old Ranch Townhomes across from Old Ranch Country Club on Lampson Avenue. The RHD -33 and RHD -46 Districts have a 35 -foot height limit. These areas include the Riverbeach Condominiums, Seal Beach Trailer Park, and Oakwood Apartments between First Street and the San Gabriel River southerly of Pacific Coast Highway, and the townhome developments along Montecito Road adjacent to The Shops at Rossmoor commercial development. There are special provisions regarding Surfside, which allows for a basic 35- foot height limit and additional projections up to 7 -feet above the height limit for specified types of architectural projections, including covered access to a roof deck. City of Seal Beach 18 Negative Declaration 2010 -1 Adoption of New Title 11 — Zoning Seal Beach Municipal Code Responses to Comments ATTACHMENT 3 RESOLUTION NO. 6005, A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING NEGATIVE DECLARATION 2010 -1 IN CONNECTION WITH THE ADOPTION OF SEAL BEACH MUNICIPAL CODE TITLE 11 (ZONING CODE RESOLUTION NUMBER 6005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA ADOPTING NEGATIVE DECLARATION 2010 -1 IN CONNECTION WITH THE ADOPTION OF SEAL BEACH MUNICIPAL CODE TITLE 11 (ZONING CODE) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, FIND, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City has proposed revising the City's Zoning Code ( "Project ") to reflect the most appropriate and best available development regulations and standards to meet the desires of the community regarding development within the City. Such a comprehensive revision effort has not been undertaken within the community since 1974. 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 a news stands, kiosks, artist's studios, catering services, and handicraft/custom manufacturing uses. New provisions related to a number of mass and bulk 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. 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. Section 2. The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ( "CEQA ")), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). City Staff prepared an initial study pursuant to State CEQA Guideline § 15025 (a). Based on the information contained in the initial study, the City staff determined that there was no substantial evidence, in light of the whole record before the City, that approval of the Project may have a significant environmental impact. Accordingly, staff prepared a Draft Negative Declaration ( "Negative Declaration ") in accordance with Section 15070 of the State CEQA Guidelines. Notice of the preparation of the Negative Declaration was posted for the period of April 15 through May 17, 2010. The City received comments on the proposed Initial Study /Negative Declaration from: ❑ State of California Office of Planning and Research, May 18, 2010; ❑ State of California Coastal Commission, May 17, 2010; ❑ State of California Department of Transportation, District 12, May 6, 2010; ❑ State of California Native American Heritage Commission, May 6, 2010; and ❑ City of Seal Beach Environmental Quality Control Board, Minutes of April 28, 2010. Section 3. City Staff has prepared written responses to all comments on the Initial Study /Negative Declaration, and provided the responses to the City Council. Section 4. The City's Planning Commission reviewed the Initial Study /Negative Declaration on May 5, 2010, in conjunction with a public hearing on the Project and neither received public comments nor provided Commission comments. The City's Environmental Quality Control Board ( "EQCB ") reviewed the subject Initial Study /Negative Declaration on April 28, 2010. No public comments were received at that time. The EQCB provided comments. City staff has responded to the EQCB's comments. Resolution Number 6005 Section 5. Pursuant to Section 15074(b) of the State CEQA Guidelines, the City Council independently reviewed and considered the contents of the Initial Study and the Negative Declaration prior to deciding whether to approve the Project. Based on the Initial Study, the Negative Declaration, the comments received thereon, the responses to the comments, the Staff Report dated June 14, 2010, additional public comments, and the whole record before the City Council, the City Council hereby finds that the Negative Declaration prepared for the Project reflects the independent judgment and analysis of the City Council and that there is no substantial evidence that the approval of the Project may have any significant environmental impact. The City has addressed each of the stated concerns within the Initial Study /Negative Declaration document. Moreover, although CEQA does not require responses to comments made concerning a negative declaration, the City responded in writing to comments received. The documents and other materials which constitute the record on which this decision is based, are on file with the Department of Development Services, 211 Eighth Street, Seal Beach. The custodian of said records is the Director of Development Services. Section 6. Based upon the foregoing, and based upon substantial evidence in the record before the City Council, the Council hereby finds: 1. 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. 2. There has been no evidence presented that the Negative Declaration has been "substantially revised" so as to require recirculation under the California Environmental Quality Act. Section 7. Based upon the foregoing, and based upon substantial evidence in the record before the City Council, the Council hereby adopts Negative Declaration 2010 -1, Adoption of New Zoning Code Title 11 — Seal Beach Municipal Code, and determines that approval of this project involves no potential for adverse effects, either individually or cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife. Section 8. The foregoing findings are based on substantial evidence in the record, including without limitation, the draft Negative Declaration 2010 -1, staff reports and both oral and written testimony. The documents that comprise the record of the proceedings are on file with the Department of Development Services, 211 Eighth Street, Seal Beach. The custodian of said records is the Director of Development Services. Section 9. The Council hereby instructs the Director of Development Services to file appropriate documentation with the State of California and the County of Orange. (Intentionally Left Blank) Resolution Number 6005 PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 14th day of June , 2010 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6005 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14th day of June , 2010. City Clerk ATTACHMENT 4 DRAFT TITLE 11 ZONING, FEBRUARY 2010 HEREBY INCORPORATED BY REFERENCE AND NOT INCLUDED DUE TO LENGTH. A COMPLETE COPY IS AVAILABLE ON THE CITY'S WEBSITE AT www.cl.sealbeach.ca.us. ATTACHMENT 5 PLANNING COMMISSION RESOLUTION NUMBER 10 -22, RECOMMENDING TO THE CITY COUNCIL AN AMENDMENT TO THE SEAL BEACH MUNICIPAL CODE BY REPEALING CHAPTER 28, ZONING, AND ADOPTING A NEW TITLE 11 (ZONING CODE) RESOLUTION NUMBER 10 -22 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 5t' 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 G Mark Persico,—ATCP Secretary, Planning Commission 3of3 Ellery Deaton Chairperson, Planning Commission 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 001"0. MAN 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 1. Record of Interpretations: Section 11.1.10.015.C.3: Revise Section 1.1. 1. 10.01 5.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 PC PC PC Towers P P P Satellite dishes less than 39" in diameter 4 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 5 for current language) 3. 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 111,200 UE " ❑ Maximum Height (ft.); revise to read "25 LEI" ❑ Projections; revise to read "Yes UE " ❑ Minimum Common Open Space per Unit (sq. ft.); revise to read "Yes UE "; and ❑ Minimum Private Open Space per Unit (sq. ft.); revise to read "Yes LEI» (See Part II, pages 7 through 12 for current language) 4. 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 heiaht limit. C. Considerations for Approval of an Administrative Use Permit. In making the findings required for the a_ pproval 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. i. 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 conformity with the roofina 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 sianificantly 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 II, 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 S 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 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 Il, 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: Reguired 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 clear area of 9 feet by 22 feet between the private street properly 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 — RHD -20 District: new subsection 11.2.05.015.U.7. 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 dwellinas of 6 bedrooms or more if the subject property provides a minimum clear area of 9 feet by 22 feet between the alley property line and the face of a two -car garage equipped with a roll -up door to accommodate vehicles." (See Part 11, 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.8. (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 Excevtion — Surfside." "See also Section 11.2.05.015.U.7: Required Garage Excevtion — 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 11.2.10.010 (Continued) USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS LC/ PO MSSP SC GC Additional RMD Regulations Transportation, Communication and Utility Use Types Wireless Communication See Chapter 11.4.70: Facilities Wireless Telecommunications 8of27 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: TABLE 11.2.10.010 (Continued) USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS LC/ PO MSSP Facilities Antennae and Transmission Additional RMD Towers PC RC PC PC PC P See Chapter Day Sp- a/Spa - P C Satellite dishes less than C 45. Massaae 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: TABLE 11.2.10.010 (Continued) USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS LC/ PO MSSP SC GC Additional RMD Regulations Commercial Use Types (Continued) See Chapter Day Sp- a/Spa - _ C C C 45. Massaae Establishments Massaae See Chanter 6,46, Massaae Establishments Personal Improvement Services P P P P P Massaae. See Chanter Accessory A A A A A 5.45, Massage Establishments Personal Services P P P P P sa See Chapter Accessory A A A A A 45. Massaae Establishments (See Part II, page 45 through 49 for current language) b. Part IV: Section 11.4.85.025, Commercial Use Classifications: 1. 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 massaae 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 massaae occurs occupies less than 20 percent of the cross floor area of the principal Personal Services se." (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 -S-pa": 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 Reaulations. Section 5.45.005.G for the definition of massage. "Massage Accessoik': 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 Estabhshmenf'• see Title 5• Business Licenses and Reaulations. 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 waxing6 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 square feet. Massage Establishment 1 space per 300 square feet. Massage. Acce 1 space per 300 square Le—et. (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.B.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 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 TABLE 11.2.15.010 (Continued) USE REGULATIONS — LIGHT MANUFACTURING AND OIL EXTRACTION DISTRICTS I RG LM I OE Additional Regulations Transportation, Communication and Utility Use Types Wireless Communication See Chapter 11.4.70: Wireless Telecommunications Facilities See Chapter 11.4.70: Wireless Facilities Telecommunications Facilities Antennae and Transmission P C R C Towers = _ 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: TABLE 11.2.20.010 (Continued) USE REGULATIONS — PUBLIC AND SEMI - PUBLIC FACILITIES DISTRICTS PS I RG I Additional Regulations Transportation, Communication, and Utility Use Types Communication Facilities C — C — See Chapter 11.4.70: Wireless Telecommunications Facilities (See Part 11 page 90 for current language) 14. Table 11.2.25.015: Use Regulations — Open Space and Parks Districts — Revise to read as follows: TABLE 11.2.25.015 (Continued). USE REGULATIONS — OPEN SPACE AND PARKS DISTRICTS OS - N I 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 11.2.25.015 (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 11.3.05.015.8 Revise Section 11.3.05.015.13, Overlay Zone Use, as indicated below: "B. Overlay Zone Use. The uses specified in Section 11.3.05.010.13 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. k 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 ee . 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 individuals (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. 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. The site aboll inah-de ins 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. Q6. Wall Requirements — Outdoor Play Area. A 7 6 -foot high, solid fence or substantially - valent barrier shall be required to separate the outdoor play area of a larg family day care home from adjacent residential properties. The fence shall be provided pursuant to Chapter 11.4.30: Landscaping and Buffer Yards. mqrn is g;� 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 0 00-1110 .- ■ - - -- 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 - -- - - - - -- - - -- • - - - --- - -- - -- -- -- - - - -- - - - - - - - - lip■ - -- - - - - -- - - -- 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) 18. 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: "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 ��.A Iin OI": Qjmrporjon j:3{ =cj••i^ment. 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 X Area — Sound an 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 ��.A Iin OI": Qjmrporjon j:3{ =cj••i^ment. 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 A Design Requirements. 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 aivina the appearance of being added on. B Exceptions Administrative Use Per approval pursuant to Chapter 11.5.20: Development Permi ts. 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 11.4.10.020.1-1 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. b On -site drainage systems.(j.e. roof drains._ downspout% french drains, swales, etc 1 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 (Subsection) Permitted Sign or Supporting Structure Portable A- 1 per 8 sq. ft (6) LUO 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: j a. 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 with 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 Sians. Portable A -Frame Sians shall comply with the following standards: a A Portable A -Frame Sian is only permitted where buildina 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 Sians." 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. Eaquipment cabinets or rooms to service existina 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 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. S tel Re Aantennas may be installed on, or attached to, any existing building or other structure so long as the height of the antenna measured from existing grade does not exceed the permitted height in the a lica le 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: '2. 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. AR 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 and- uihieh so long as the height of the antenna measured from existina arade 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 Conditional Use Permit with the Director in accordance 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 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) 31. Section 11.4.70.025.A.7 — Revise to read as follows: 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) 32. Section 11.4.70.025.C.1 — Revise to read as follows: 911. 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) 33. Section 11.4.70.025.C.2 — Revise to read as follows: 612. Building- mounted wireless telecommunications facilities shall i comply with the height requirements of the applicable Base District Zone." (See Part IV page 253 for current language) 34. Section 11.4.70.025.C.4 — Revise to read as follows: "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: "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: 1. Satellite antennas pursuant to the-gray isions 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 followina conditions are met: a. The existing 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 65850.6(b) for wireless telecommunications collocation facilities. b. The co- located facility does not increase the heiaht or location of the existing permitted tower /structure, or otherwise chance the bulk, size, or other physical attributes of the existing permitted wireless communication facility. 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 GB. 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. 0C 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, or the P.. , 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 11.4.70.035.13 — 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 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 Plannina Commission 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 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: "B. Exercise of Permits. Any 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 ATTACHMENT 6 PLANNING COMMISSION STAFF REPORT, MAY 5, 2010 FILE L' U May 5, 2010 STAFF REPORT To: Chairman and Members of the Planning Commission From: Mark Persico, AICP Director of Development Services Subject: PUBLIC HEARING — ADOPTION OF NEW ZONING CODE - TITLE 11: ZONING — SEAL BEACH MUNICIPAL CODE SUMMARY OF REQUEST: Conduct Public Hearing by receiving Staff Report, public comments and Commission discussion; consider the proposed "Seal Beach Municipal Code Draft Title 11: Zoning, February 2010" and public comments; and provide comments regarding Negative Declaration 2010 -1. Close or continue the public hearing. If the Commission determines to close the public hearing, take the following actions: ❑ Provide any comments regarding Initial Study /Negative Declaration 2010 -1, and ❑ Adopt Resolution Number 10 -22, 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. (Please refer to Attachment 2 to review the Resolution) This public hearing is to receive public testimony regarding the consideration of the adoption of a new Zoning Code for the City of Seal Beach. The "Seal Beach Municipal Code Draft Title 11: Zoning, February 2010" document is noted as Attachment 3 of the Staff report, but not provided due to the length of the document. Copies have previously been provided to the City Council and Planning Commission, and also were made available at each library in the City, and at City Hall. To review the proposed Title 11 Zoning Code, zoning maps, Negative Declaration 2010 -1, and other information documents regarding this matter go to the City's Web \\Sbnas \Users\Iwhittenberg\My Documents\Zoning Code Revisions\Seal Beach Revisions\2010 Comprehensive Update\PC Staff Report. 05-05-1 0.doc .. S Public Hearing re: Draft - Title 11: Zoning, February, 2010" Planning Commission Stab Report May 5, 2010 Page for viewing and download at www.ci.sealbeach.ca.us, and go to the "Headlines" section and click on the "2010 Zoning Code Update ". This public hearing is the culmination of a 4 month process by the City to complete a comprehensive revision and update to the Zoning Code of the City. This effort has been built upon the previous efforts of the City between 2007 and 2009 to adopt an updated Zoning Code. During the current period of time between the release of the February 2010 Draft Title 11 and now, the City has conducted a total of 12 Community Information Meetings, as indicated below: Community Information Meetings Residential Neighborhood Meetings ❑ March 1, 2010: Old Town ❑ March 2, 2010: Surfside ❑ March 9, 2010: College Park East & West ❑ March 10, 2010: Leisure World ❑ March 24, 2010: Marina Hill and the Coves ❑ March 29, 2010: Old Town ❑ March 30, 2010: College Park East & West ❑ March 31, 2010: Old Town Business Community Meetinas ❑ March 3, 2010: Old Town ❑ March 15, 2010: Old Ranch Towne Center /Shops at Rossmoor ❑ March 16, 2010: Old Town ❑ March . 23, 2010: Seal Beach Center /Seal Beach Village The meetings were at various locations to allow maximum attendance by residents and business owners. Approximately 100 people attended the meetings and shared their opinions on the draft Code. Additionally, staff met with the Chamber of Commerce and other interested parties to discuss their specific concerns. SUMMARY OF "OVERARCHING ISSUES ": Based on comments received during the 12 Community Information Meetings staff has identified 5 "Overarching Issues" for consideration. by the Planning Commission, and eventually the City Council, in considering the adoption of a new zoning code for the City. Those identified "Overarching Issues" are: 1. The use of mass and bulk provisions in the Zoning Code; PC Staff Report.05 -05-10 2 Public Hearing re: Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, .2010 2. The impacts of the Zoning Code on commercial properties; 3. The impact of the Zoning Code on non - conforming structures; 4. The appropriateness of Administrative Use Permits versus Conditional Use Permits; and 5. Miscellaneous concerns. The April 12, 2010 "Joint Presentation City Council and Planning Commission Agenda Staff Report" provides additional discussion regarding the "Overarching Issues," including ❑ "What Staff Heard" — a summary of the public comments received; ❑ "Background" discussion; and ❑ "Staff Response." Attachment 4 of this Staff Report is a copy of the April 12, 2010 "Joint Presentation City Council and Planning Commission Agenda Staff Report," which includes fuller discussion of the above overarching issues. At the joint study session on April 12, 2010 both City Councilmembers and Planning Commissioners provided comments and concerns to Staff, and received additional public comments. OVERVIEW OF PROPOSED TITLE 11: ZONING The Proposed Title 11: "Zoning" 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 significant changes from both procedural and development regulation standards incorporated into the proposed Zoning Code that do not currently exist in the present Zoning Code. The 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 PC Staff Report.05 -05 -10 3 Public Hearing re: 'Draft - Tide 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 the City. 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. STAFF PROPOSED REVISIONS: Staff is proposing a number of additional revisions for consideration during the public hearings that are based on public comments provided during the Community Information Meetings and during the April 12 Joint City Council /Planning Commission Study Session. The public and Planning Commission should provide any additional comments regarding these proposed revisions. An overview of these- additional revisions to proposed Title 11 is provided as Attachment 1. OVERVIEW SUMMARY: MAJOR PROVISIONS OF PROPOSED TITLE 11, ZONING An "Overview Summary: Major Provisions of Proposed Title. 11, Zoning" has been prepared and provided as Attachment 5. Additional copies will be available at the public hearing for review by interested parties. NEGATIVE DECLARATION 2010 -1: Negative Declaration 2010 -1 has been prepared by City Staff and is in the required public review and comment period of April 15 to May 17, 2010. The Environmental Quality Control Board reviewed Negative Declaration 2010 -1 on April 28 and has provided comments for future consideration by the City Council. The Planning Commission and interested citizens may also provide comments on Negative Declaration 2010 -1 this evening which will be forwarded to the City Council for consideration during their public hearings. The Negative Declaration was provided to the City Council, Environmental Quality Control Board and Planning Commission on April 15. Copies of the Negative Declaration will be available at the Planning Commission Public Hearing for interested persons to review. DOCUMENT AVAILABILITY: Access the City of Seal Beach website, www.ci.sealbeach.ca.us and go to the "Headlines" section and click on the "2010 Zoning Code Update" to review the proposed PC Staff Report.05 -05-10 4 Public Hearing re: 'Draft - Title 11: Zoning, February, 2010° Planning Commission Staff Report May 5, 2010 Title 11 Zoning Code, Negative Declaration 2010 -1, zoning . maps, and all other information documents regarding this matter. RECOMMENDATION: Conduct Public Hearing by receiving Staff Report, public comments and Commission discussion; consider the proposed "Seal Beach Municipal Code Draft Title •11: Zoning, February 2010" and public comments; and provide comments regarding Negative Declaration 2010 -1. Close or continue the public hearing. If the Commission determines to close the public hearing, take the following actions: ❑ Provide any comments regarding Initial Study /Negative Declaration 2010 -1, and ❑ Adopt Resolution Number 10 -22, 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. (Please refer to Attachment 2 to review the Resolution) Mark Persico, AIC Director of Development Services Attachments: (5) Attachment 1: Staff Proposed Revisions to February 2010 Draft Title 11: Zoning Attachment 2: Resolution Number 10 -22, 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 Attachment 3: Seal Beach Municipal Code Draft Title 11: Zoning, February 2010 — Note: Previously provided and not included due to length. Additional copies will be available at the public hearing Attachment 4: Joint Presentation City Council and Planning Commission Agenda Staff Report, dated April 12, 2010 Attachment 5: Overview Summary: Major Provisions of Proposed Title 11, Zoning PC Staff Report.05 -05-10 rJ Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 Page IntentionallyIeft Blank PC Staff Report.05 -05 -10 Public Hearing re: "Draft - Title 11: Zoning, February, 2010° Planning Commission Staff Report May 5, 2010 ATTACHMENT 1 STAFF PROPOSED REVISIONS TO FEBRUARY 2010 DRAFT TITLE 11: ZONING PC Staff Report.05 -05-10 7 Public Hearing re: Draft - Title 11: Zoning, February, 2010° Planning Commission Staff Report May 5, 2010 Page Intentionally Left Blank PC Staff Report.05 -05 -10 Public Hearing re: `Draft - Trtle 11: Zoning, February, 2010° Planning Commission Staff Report May 5, 2010 TITLE 11 REVISIONS Provided below is a listing of various amendments to Title 1.1 that staff is recommending based on further review and receiving input from the public information meetings: (Note: Text-to be added is indicated by bold and double - underline and text to be deleted is indicated by dewbie stAk Part I: General Provisions 1. Record of Interpretations: Section 11.1.10.015.C.3: Revise Section 11.1.10.015.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 issuing 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: Ms �::� �1:12.0'5`U10_ -: __ � •'�� -� � _- ;':TABLE= Coni ►nue ��1 = =�= = —= - �-� - ^z1_-- ds•a =. == = _- y ".E-i _v v:.r -.- "gas_ -��'� -= L- T�E'.� =�' -�v _ � _ �'Sa� � - -_v F3�_._ �.'�r �� —a- -� -':L' ��-u == sU... ==r -_ - �:_—_ _ �__ i- �___��sL�- `— _���2��_ -�"`_s E��_?��e8-�` --� -�_ - - - —_ �= _ 'J�F -- -�•_Le e -� -_ —__ _ -_ - :"�r.T -, �_'b -l: _ .._. ��z.t;= _ .��__ _ __ -'le �.: - °_- -L-.__ -m- — ..- ..n1sT� ?_-� �•Ferg�}�� _��� _ _. -- ... �?� ' =_ --°== t1SE- REG. ULATION $=- RES.IDENTiALrDISTRICT'`- :..:" .... _.. D:: RMD::RID :.. Add it►anal:Regulafons: °':: Trans: • - -- orta o o - P... mmu• an ' tilt _:Use�T••�: _ �• ����v::<•:::::: �:;:: ;:;;::�;:.>:��.:::: >::;:�:�::.: .. .... .. Communication Facilities See Chapter 11.4.70 Antennae and Transmission Towers PA, P,A PAC C ac Facilities Within Buildings P P P PC Staff Report05 -05-10 9 Public Hearing re: `Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 (See Part II page 5 for current language) 3. 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 1,200 LEI" ❑ Maximum Height (ft.); revise to read "25 LEI" ❑ -Projections; revise to read "Yes UE " ❑ Minimum Common Open Space per Unit (sq_ ft.); revise to read "Yes LEI"; and ❑ Minimum Private Open Space per Unit (sq. ft.); revise to read "Yes LEI". (See Part II, pages 7 through 12 for current language) 4. 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: %. 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 heigh it PC Staff Report.05-05 -10 10 Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 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: Development Permits. the followina additional issues shall also be considered._ i. 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. M 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. 'i. Whether such variation is appropriate for the character and integrity of the neighborhood. 'ii. Whether such variation significantly impairs the rimary view from any property located within 300 feet. Detailed and complete plans for the proposed work." (See Part 11, page 15 for current language) 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 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. PC Staff Report05 -05-10 11 Public Hearing re: °Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 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 narking spaces required .pursuant to Table 11.4.20.015.A: Required Parking, for single -unit dwellinas in the Surfside District shad he reduced by one space for single -unit dwellings of 6 bedrooms or more if the subject property provides a minimum clear area of 9 feet by 22 feat between the private street property line and the face of a two -car garage equipped with a roll -up door to accommodate vehicle-s." (See Part II, page 36 for current language) 8. Required Garage Exception — RHD -20 District: new subsection 11.2.05.015.U.7. 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 ParkinM 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 provides a minimum clear area of 9 feet by (See Part II, page 36 for current language) Re -letter existing subsection 11.2.05.015.U.6 to new subsection 11.2.05.015.U.8. 9. 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: PC Staff Report.05 -05-10 12 Public Hearing re: "Draft - Tide 11: Zoning, February, 20 10° Planning Commission Staff Report May 5, 2010 _. .: _`TABLE 1.1;2 :10.010 (C&Wriijed)::::.:::: "- 'COMMERCIAC- AND. MIXED -USE DISTRICTS -.. = ;L�.;_:.'__ - - P O•:-� _ - :�MS SA- - - Additional -�. .re;. - -- - =' RMD.`'' _ �..Requlatioris•_� - c� A.- Coinrrier ha1.Use_.T. es'.Continued = -- P See Chapter Day Spa /Spa — - 5.45. Massaae Establishments See Chapter 5.45. Massaae Establishments Personal Improvement P P P P P Services Massag See Chapter Accessory 6 A 6 fl A 5.45 Massage Establishments Personal Services P P P P P Massag e See Chapter Accessory A A A A 5.45, Massaae Establishments (See Part II, page 45 through 49 for current language) b. Part IV: Section 11.4.85.025, Commercial Use Classifications: 1. Revise "Personal Improvement Services" to read as follows: "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. PC Staff Report.05-05 -10 13 Public Hearing re: 'Draft - Title 11: Zoning, February, 2090" Planning Commission Staff Report May 5, 2010 ssage. Accessory. A use where massaaes occur as an accessory to a personal improvement service 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 use." (See Part IV, page 286 for current language) 2. Revise "Personal Services" to read as follows: W. - 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 service 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 M5*1» (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: ertifred Massage Establishmenf: see Title 5• Business Licenses and Regulations, Section 5.45.005.A for the definition of certified massage establishment. "Day Spa ": a spa offering a variety of professionally administered spa services to clients on a day -use basis " issage ": see Title 5: Business Licenses and Regulations Section 5.45.005.G for the definition of massage. assage. 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 rincipaI use. "Massage Establishment': see Title 5• Business Licenses and e ulabons. Section 5.45.005.H for the definition. of massage establishment PC Staff Report.05 -05-10 14 Public Hearing re: 'Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 "Spa ": a 121ace devoted to overall well -being through a variety of Professional services that encourage the renewal of mind. body an 10. 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) 11. Table 11.2.15.010: Use Regulations — Light Manufacturing and Oil Extraction Districts — Revise to read as follows: 'TABLE-1 1.2.15.0110,1 USE; REGULATIONS -= :LIGHT MANUFACTURING: AND -OIL ,EXTRACTION:.::: _.;_ :...... - _... — _ - -�. ea_, -�: u.. v: _e.. 'v- . -'. ':.._] --:.•— i _ —_ _ - - __ - — — = - . -- -__- - - - __- _ - - _ -__ :Tr - _arid_ Utli- . Use T'.- �e_ s__;-.`_=_ ���m�_.-_ � _`- ��_����`- T'��._::.� >�'�-_�•: ans ortation _Communication: __..,. _ Wireless Communication Facilities See Chapter 11.4.70: Wire less Telecommunications Facilities Antennae and Transmission Towers P,�C EAC Facilities Within Buildings P P (See Part I I page 79 for current language) 12. Table 11.2.20.010: Use Regulations — Public and Semi - Public Facilities Districts — Revise to read as follows: PC Staff Report.05 -05-10 15 Public Hearing re: Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 Communication Facilities I P• A• C I RC I See Chapter 11.4.70: Wireless Telecommunications Facilities (See Part it page 90 for current language) 13. Table 11.2.25.015: Use Regulations — Open Space and Parks Districts — Revise to read as follows: Communication Facilities I - I C I See Chapter 11.4.70: Wireless Telecommunications Facilities (See Part II page 96 for current language) Part III: Overlay District Regulations 14. General Provisions —Section 11.3.05.015.B Revise Section 11.3.05.015.13, Overlay Zone Use, as indicated below: "B. Overlay Zone Use. The uses specified in Section 11.3.05.010.6 are permitted in the Residential Conservation Overlay District subject to compliance with the following standards: 1. e. Structure Qualifications. A residential structure may qualify for such use if it meets either of the following standards: PC Staff Report.05 -05-10 16 Public Hearing re: Draft - Me 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 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 was constructed prior to 1925 on the same lot that. 32. Minimum Lot Size. The subject property shall have a minimum minif ho Inco +h-ca d1313 foot in dont lot size of 5.000 square feet. Q. Owner /Operator Requirement (All remaining sub - sections renumbered accordingly) (See Part III, pages 4 -5 for current language) Part IV: Regulations Applying in Some or All Districts 15. 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 individuals (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) 16. 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 PC Staff Report.05 -05 -10 17 Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 provisions of this Zoning Code and icensina by the California State Department of Social Services Community Care Licensing. 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 ' 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. PC Staff Report.05 -05-10 18 Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ■ MRSIM 'V" • - �- .. 446. 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. Q65. Wall Requirements — Outdoor Play Area. A ;6 -foot high, solid fence 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. PC Staff Report.05 -05-10 19 Public Hearing re: Drab - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 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. M-MM _ _ M. - M-MM _ _ - 0 M- -0 W M- ON -- - - -� - - - -- - -- - _ - -_ - - - - -- - - - - - - - M-MM _ _ - 0 M- -0 W M- - _ -_ - ---- --- _ - -_ - - - - -- - - - - - - - - -- - - - - -- - - - -- - - -- ---- - - -- - - -- -- �- --- - - - -- - - -- - - -- - M-MM - 0 M- -0 W M- .. 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) PC Staff Report.05 -05-10 20 Public Hearing re: Draft - Tide 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 17. 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: "6. Sound and Music. Un- amplified sound and music that is limited to no more than 1 entertainer is permitted within an outdoor inina or seating area upon approval of an Administrative Use Permit or Conditional Use Permit pursuant to Chapter 11.5.20. Development ef—m ts. 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) 18. Garage Sales - Section 11.4.05.100.6 – Residential Accessory Uses, Structures, and Vehicle Parking – Garage Sales Revise Subsection Section 11.4.05.100.6, 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) 19. 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 € t. 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. PC Staff Report. 05-05-10 21 Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 A. Design Requirements 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 o_f being added on. may substantially increase the visual B. Exceptions. Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Permits.. is required for exceptions to the screening A mechanical equipment where the aargantocL 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) 20. 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 unoff onto adjacent properties " (See Part 1V, page 79 for current language) PC Staff Report.05 -05-10 22 Public Hearing re: `Draft - Title 11: Zoning, February, 2010° Planning Commission Staff Report May 5, 2010 21. 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: (See Part IV, page 140 for current language) 22. 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 with all provisions of the "City of Seal Beach Standards for Portable A -Frame Signs " (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" PC Staff Report.05 -05-10 23 Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 23. Main Street Area - Portable A -Frame Signs - Section 11.4.025.C.10 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 Sign is only permitted where buildina frontage is located within 10 feet of a public sidewalk. and shall- not be located on public property C. Compliance with all provisions of the "City of S_e_a__1_ 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) 24. Section 11.4.70.015.0 — Revise to read as follows: "C. Emergency services radio_, including public safety communications towers 65 feet in height or less." (See Part IV page 248 for current language) 25. Section 11.4.70.015.G.1.b — Revise to read as follows: "b. Antennas may be installed on, or attached to, any existing building or other structure so long as the height of the antenna measured from existing grade does not exceed the permitted height in the distFiet 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) 26. Section 11.4.70.015.G.2.c — Revise to read as follows: "c. 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 hei t i the Base District Zone." PC Staff Report.05-05 -10 24 Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 (See Part IV page 249 for current language) 27. Section 11.4.70.025.A.7 — Revise to read as follows: 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) 28. Section 11.4.70.025.C.1 — Revise to read as follows: 911. 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) 29. Section 11.4.70.025.C.2 — Revise to read as follows: "2. Building- mounted wireless telecommunications facilities shall fiet : comply with the height requirements of the applicable Base District Zone." (See Part IV page 253 for current language) 30. Section 11.4.70.025.C.4 — 'Revise to read as follows: "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 this Ghaptef by the applicable Base Distric Zone, if camouflaged as part of the structure design." (See Part IV page 253 for current language) 31. , Section 11.4.70.030.A.3 — Revise by deleting sub - section 3 which currently reads as follows and renumbering current subsection A.4 to A.3: (See Part IV page 259 for current language) PC Staff Report.05 -05-10 25 Public Hearing re: `Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 Part VI: Definitions of Specialized Terms and Phrases: 32. -"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) PC Staff Report.05 -05-10 26 Public Hearing re: "Draft - Title 11: Zoning, February, 2010° Planning Commission Staff Report May 5, 2010 ATTACHMENT PROPOSED "CITY 'OF SEAL STANDARDS FOR PORTABLE SIGNS" . PC Staff Report.05 -05-10 27 BEACH A -FRAME Public Hearing re: 'Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 Page Intentionally Left Blank PC Staff Report.05 -05-10 28 Public Hearing re: "Draft - Title 11: Zoning, February, 2010° Planning Commission Staff Report May 5, 2010 PROPOSED CITY OF SEAL BEACH STANDARDS FOR PORTABLE A -FRAME SIGNS Purpose. Portable A -Frame Signs may only: a. Identify the store, indicate that it is open, and its hours of business; b. Display restaurant menus and daily specials; or C. Advertise sales and special deals or services. 2. Size and Stability. Portable A -Frame Signs shall have a maximum height of 4 feet, a minimum height of 2 feet, and a maximum width of 3 feet. Signs shall have a maximum footprint of 2' -0" x 3' -0'. Signs shall be stable, braced as necessary to prevent collapse or toppling. 3. Number. Only 1 Portable A -Frame Sign shall be allowed for a specific building and business; provided, that, for any building where more than one business occupies a common building frontage area, 1 Portable A -Frame Sign only, for a particular business may be permitted for every-25 linear feet of building frontage area. 4. Spacing:. There shall be at least 25 feet between Portable A -Frame Signs. 5. Concentration. No more than 6 Portable A -Frame Signs shall be located on any block face of Main Street between Pacific Coast Highway and Ocean Avenue at any one time. No more than 2 Portable A -Frame Signs shall be located on any block face of the northerly side of Ocean Avenue and each side of Central Avenue, and the southerly side of Electric Avenue, between Main Street and the adjoining alleys at any one time. 6. Design and Materials. Portable A -Frame Signs should be hand - crafted in appearance, the graphics shall be professional in quality and designed in an attractive manner and maintained in a neat, orderly fashion to present an image of quality and creativity for the commercial area. Portable A -Frame Signs shall be made with durable material(s), such as medium density overlay plywood painted with enamel paint, stainless or other weather able steel, laminate plastic, slate chalkboard, or marker board. A natural wood 1' x 2' frame is strongly encouraged. The sign shall continue to the ground and the bottom 2 inches of the sign shall have strong contrast with the pavement below for detection by those that are visually impaired. No glass, breakable materials or attached illumination shall be allowed. PC Staff Report.05 -05 -10 29 Public Hearing re: Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 The sign shall have no sharp edges, or corners. All( surfaces shall be smooth and free of protruding tacks, nails and wires. All parts, portions, and materials of a sign shall be kept in good repair. The display surface shall be kept clean, neatly painted, and free from rust, corrosion and graffiti. Any cracked or broken surfaces, missing sign copy, or other poorly maintained or damaged portion of a sign shall be repaired, replaced or removed. 7. Hours of Display. Portable A -Frame Signs shall be displayed only during the business hours of the business advertised and shall be removed entirely from the public rights -of -way at all other times. 8. Permit Duration. No Temporary A -Frame Sign Permit or Encroachment Permit shall be issued for a period exceeding 20 days. Not more than 3 permits shall be issued to the same business location in any calendar year. 9. Damaged or Disrepaired Signs. Portable A -Frame Signs shall be removed immediately if such sign shall become damaged, in disrepair, faded or otherwise fail to conform to the standards and specifications set forth herein or in the terms of the required Temporary A -Frame Sign Permit or Encroachment Permit. r��. I PC Staff Report.05 -05-10 30 Public Hearing re: "Draft - Tide 11: Zoning, February, 2010' Planning Commission Staff Report May 5, 2010 ATTACHMENT 2 RESOLUTION NUMBER 10 -22, 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 PC Staff Report.05 -05-10 31 Public Hearing re: Draft - Title 11 Planning Page Intentionally Left Blank PC Staff Report.05 -05 -10 32 Zoning, February, 2010° Commission Staff Report May 5, 2010 Public Hearing re: 'Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 RESOLUTION NUMBER 10 -22 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. PC Staff Report.05 -05-10 33 Public Hearing re: 'Draft - Title 11: Zoning, February, 2010° Planning Commission Staff Report May 5, 2010 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 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 PC Staff Report.05 -05-10 34 Public Hearing re: Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 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 day of , 2010, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Ellery Deaton Chairperson of the Planning Commission Mark Persico, AICP Secretary of the Planning Commission PC Staff Report.05-05 -10 35 Public Hearing re: 'Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 "EXHIBIT A" (REVISIONS WILL BE INSERTED INTO "EXHIBIT A" AS DETERMINED BY COMMISSION UPON CONCLUSION -OF PUBLIC HEARINGS) PC Staff Report.05 -05 -10 36 Public Hearing re: Drab -Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ATTACHMENT 3 SEAL BEACH MUNICIPAL CODE DRAFT TITLE 11: ZONING, FEBRUARY 2010 — NOTE: PREVIOUSLY PROVIDED AND NOT INCLUDED DUE TO LENGTH. ADDITIONAL COPIES WILL BE AVAILABLE AT THE PUBLIC HEARING COPIES ARE ALSO AVAILABLE AT EACH LIBRARY IN THE CITY, AT CITY HALL, AND IS POSTED ON THE CITY'S WEB PAGE FOR VIEWING. AND DOWNLOAD AT www.d. seal beach. ca.us, AND GO TO THE "HEADLINES" SECTION AND CLICK ON THE "2010 ZONING CODE UPDATE" PC Staff Report.05-05 -10 37 Public Hearing re Draft - Tile 11: Zoning, February, 20 10' Planning Commission Staff Report May 5, 2010 Page Intentionally Left Blank PC Staff Report.05 -05 -10 38 Public Hearing re: Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ATTACHMENT 4 JOINT PRESENTATION CITY COUNCIL AND PLANNING COMMISSION AGENDA STAFF REPORT, DATED APRIL 12, 2010 PC Staff Report.05 -05 -10 39 Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 Page Intentionally Left Blank PC Staff Report.05 -05 -10 40 JOINT PRESENTATION CITY COUNCIL AND PLANNING COMMISSION AGENDA STAFF REPORT DATE: April 12, 2010 TO: Honorable Mayor and City Council and Members of the Planning Commission THRU: David Carmany, City Manager FROM: Mark Persico, AICP, Director of Development Services SUBJECT: 2010 COMPREHENSIVE UPDATE TO THE ZONING CODE (TITLE 11) SUMMARY OF REQUEST: Staff is seeking policy direction and feedback from the City Council and Planning Commission regarding the 2010 Comprehensive Update to the Zoning Code (Title 11). Staff is also seeking concurrence on the draft public hearing schedule. BACKGROUND: The Development Services Department recently concluded the first phase of the public outreach process for the 2010 Comprehensive Update to the Zoning Ordinance (Title 11). During the month of March the Department hosted a series of twelve community meetings (eight for residents and four for business owners) in order to gather feedback on the draft Zoning Code. The meetings were on various days and at various locations to allow maximum attendance by residents and business owners. Approximately 100 people attended the meetings and shared their opinions on the draft Code. Additionally, staff met with the Chamber of Commerce and other interested parties to discuss their specific concerns. FACTS AND ANALYSIS: At the community meetings staff presented an overview of the Code and recorded comments from. attendees. Over the course of the meetings we recorded-over 50 comments that have been summarized into five overarching issues: 1. The use of mass and bulk provisions in the Zoning Code; 2. The impacts of the Zoning Code on commercial properties; Page 2 3. The impact of the Zoning Code on non - conforming structures; 4. The appropriateness of Administrative Use Permits versus Conditional Use Permits; and 5. Miscellaneous concerns. The following sections contain a list of the - comments, background related to the issue, staff's response and a request for guidance. Issue 1. Mass and bulk provisions in the Zoning Code. What Staff Heard: 1. Architectural Standards are included within the Zoning Code. 2. Define what is meant by "canyon effect" 3. Articulation on second floor is too much on the side yard. 3. Should have different standards for different lot depths. 4. Additional stepback above 14 feet; provide better definition and example. 5. Additional front setback above 14 feet; define "width," not "elevation." 6. Side yard setback of 10% of lot width is arbitrary. 7. RLD -9 District — fagade articulation is too restrictive. 8. Why are there provisions regarding "Windows and Trim" 9. Desire to have architectural variations for multiple homes built builder /developer. - 10. Agree with 75% maximum for second floor in the RLD -9 District. 11. Additions to the front of the house — can they be line with the garage 12. Window and door trim requirements. Background: graphic by one The City has been trying to address the issues of the mass and bulk on new projects for several years. During preparation of the Zoning Code staff reviewed approximately 40 zoning codes, focusing primarily on codes for local communities located along a coastal environment and subject to similar development pressures. Staff also had two architects that are familiar with developing in Seal Beach 'review the proposed residential development standards. Both architects provided invaluable insight into the applicability and enforceability of many of the residential development standards. Many of their suggestions have been incorporated into the draft Code. The 2007 version of Title 11 included standards for floor area ratio, building envelope, and numerous other design requirements. Based upon feedback at the time, those provisions were deemed too intrusive on property rights. Accordingly, those provisions -have been removed from the 2010 version of the Code. During the recent community meetings staff received both positive comments and concerns regarding these types of provisions. Page 3 Staff Response: The "canyon affect" is defined as houses or other structures which are too large and too close together thereby creating a canyon -like feel. Staff believes the currently proposed provisions do not unduly limit the design freedom of a property owner or architect. But the provisions will ensure development that is consistent with the existing community. Specific Code provisions addressing Mass and Bulk Issues: Residential Districts: u Increased Minimum Rear Yard Setback for 2nd Story — RLD -9 District; a 75% Ratio of Second Floor to First Floor — RLD -9 District; s Fagade Articulation — Lots Greater than 25 Feet in Width; • Additional Front Setback Above 14 Feet; S Additional Side Setback or Stepback Above 14 Feet; and • Additional Offset for Garage Facing Street. Commercial and Mixed -Use Districts: Building Design Features, which include; Variety in Wall Plane; Variety in Roof Forms; Variety in Height of Different Massing Elements; Modules Articulated by Change in Plane, Color, or Materials; and Fagade Design incorporates Architectural Detail. Blank Walls; Light Manufacturing and Oil Extraction Districts: Building Design Features, which include; Variety in Wall Plane; Variety in Height of Different Massing Elements; and Modules Articulated by Change in Plane, Color, or Materials. Issue 2. The impacts of the Zoning Code on commercial properties What Staff Heard: 1. Building transition requirements between residential and commercial need to be further explained. 2. How does the new code affect existing shopping centers. 3. What are the City's long -term parking solutions. 4. Allow for one musician without an amplifier inside a business. 5. Requirements for commercial recycling should be imposed. Make sure the City franchisee will pick up recyclables. 5. The Zoning Code should be "business friendly." 6. Change in *parking requirements as they apply to existing businesses. Page 4 7. Allow one A -frame sign per business location subject to specified provisions regarding location and other provisions. Background: The draft Code includes several provisions that 'assist business owners and operators. The following provisions are considered by staff to be the most important for encouraging new business uses within the community: o Allowing some uses to be approved through the Administrative Use Permit process, rather than the Conditional Use Permit process, which can result in a significant reduction in approval time; O Allowing the utilization of temporary "A- frame" signs on business properties subject to certain standards; u Allowing for the temporary and- permanent outdoor display of goods for sale subject to certain standards; • Allowing for certain types of incidental business activities, including un- amplified live entertainment by a single individual; and a Allowing several new uses within the various commercial zones that are not currently permitted, such as; o Artists' Studios o Kiosks o Catering Services o Handicraft/custom manufacturing ID Further, the proposed changes in parking standards will not affect existing business uses. Additionally, we anticipate a review of the "Main Street Specific Plan" in -mid -to -late 2010, and that review may also include a review of the various parking requirements for that specific area of the City. Staff Response: The draft Code is business friendly and strikes a balance between economic development and a high - quality residential community. The proposed commercial provisions ensure that new commercial development and business operations are consistent with the current types of development in the community. The issue of long- term parking mostly pertains to the Main Street/Old Town area. Those issues will be addressed as part of the Main Street Specific Plan update, which staff hopes to begin by the fall of this year. Issue 3. The impact'of the Zoning Code on nonconforming structures What Staff Heard: 1. What are the thresholds for allowable additions to nonconforming structures? 2. Allow for minor additions to non - conforming structures 3. How is the reconstruction of a damaged structure addressed (fire, flood, etc.)? Page 5 Background: Historically, the City's Zoning Code allowed for limited additions to non - conforming structures with the recognition that buildings need to adopt as the building occupants' needs changed. Many cities allow for minor additions of 10 -15% to nonconforming structures. However, the need to adapt buildings to current needs also must be balanced with the City's desire to abate nonconforming structures. The Zoning Code sets forth provisions regarding "Nonconforming Uses, Structures, and Lots" in Chapter 11.4.40. With the exception of some very specific provisions regarding additions to nonconforming structures, the draft Code does not allow additions to most nonconforming structures. However, additions to non - conforming single - family homes may be approved subject to a Conditional Use Permit. Any nonconforming structure damaged less than 50% of its replacement cost may be restored to its previous condition. If'the replacement cost exceeds 50 %, the structure may be replaced subject to an Administrative Use Permit. Staff Response: The draft Code largely maintains current City regulations regarding nonconforming uses, but there are a few exceptions: Requires an Administrative Use Permit for certain structural repairs to nonconforming structures; Allows for structural alterations and/or certain types of additions to residences that would become nonconforming due to noncompliance with new fagade articulation and front stepback above 14 feet height provisions to be approved by Conditional Use Permit; Allows for certain types of replacement of nonconforming uses of property with a more conforming use of property and specified types of expansions of nonconforming uses by Conditional Use Permit; Allows for Conditional Use Permit approval to re- establish an abandoned nonconforming use within 12 months. Issue 4. The appropriateness of Administrative Use Permits versus Conditional Use Permits. What Staff Heard: 1. The Administrative Use Permit process vests too much power with Director of Development Services. 2. Conditional Use Permit should be required for group housing. 3. What are the requirements for "Granny Flats "? Page 6 Background: The concept for Administrative Use Permits has been included as part of Title 11 since February 2007. The Planning Commission spent -many hours reviewing the provisions and determining which specific discretionary actions should be considered by the Director versus the Planning Commission. The Planning Commission gave specific direction to staff in June 2007 and again in March 2008. The main purpose of the "Administrative Use Permit" process is to expedite the public notification and review of land use permits including minor accessory structures and uses which are deemed to have low impact on the community. Under the Administrative Use process a 300 -foot notification is provided (which is the same as conditional use permits), and there is an appeal process to the Planning Commission and ultimately the City Council.. Because the State of California has a stated interest in promoting certain uses, the provisions for granny flats (or second units) and group homes and day care are largely dictated by the State. Staff Response: Staff believes the Administrative Use Permit process as discussed by the Planning Commission in 2007 and 2008 is still viable and should remain as is in the draft Code. Provisions of the new Code for second units, group homes, day care and similar uses comply with State law. Issue 5. Miscellaneous issues. Bridgeport — Zero lot lines. All three tracts that comprise the Bridgeport neighborhood — Tracts 6345, 6346 and 9814 were approved pursuant to "Precise Plans" which require the lots of have a zero side yard setback. The recorded CC &Rs contain many other provisions regarding the specific development standards for each tract. Most of these provisions are incorporated into the draft Code. Do the CC &Rs expire in Bridgeport? The CC &Rs run with the land and are valid for 30 years plus automatic 10 year extensions, unless the owners all vote to repeal the CC &Rs. For Tract 6345 the initial expiration date was May 1998. For Tract 6346 the original expiration date was December 1998, and for Tract 9814 will expire in December 2014. Additionally, all 3 tracts also have provisions for an "architectural review committee," which remain in effect. Page 7 Private open space requirements should be based on lot size The proposed open space standards do vary by lot size. In the RLD -9 District the minimum lot size is 5,000 square feet and the proposed minimum open space is 800 square feet, or 16% of the lot area. In the RHD -20 District the minimum lot size is 2,500 square feet and the minimum open space is 225 square feet, or 9% of the lot area. There are also separate open space requirements for multi - family developments in the RMD -18, RHD -20, RHD -33, and RHD -46 districts. For new residential developments in these districts a minimum of 200 square feet of private open space per housing unit, plus the common open space requirement. Garaqe Sales. The draft Code establishes a maximum of 2 garage sales per year. But based upon . community feedback staff is suggesting that the maximum number be set at 4 garage sales per calendar year. How does the conversion of bonus rooms into bedrooms effect parkinq requirements? If a bonus room is converted to a bedroom the parking requirements would be applicable. As proposed, a remodeled residence that would contain up to 5 bedrooms would require 2 parking spaces, 6 bedrooms would require 3 spaces and 7 bedrooms would require 4 spaces. But the draft Code includes an "exception" that would allow a double -wide driveway to count for 1 of the required parking spaces. Provisions for cell phone towers and the impacts on human health The issue of human health effects is regulated the Federal Communications Commission ( "FCC "). The FCC establishes regulations limiting human exposure to radiofrequency (RF) electromagnetic fields. The limits are designed to protect the public health and the FCC's rules regarding RF limits have been upheld by a Federal Court of Appeals. New cell phone towers require a conditional use permit under the current Code and the draft Code. But staff is suggesting setting limits on the height of cell towers in parks (PLU /R zone) and to allow towers in Old Ranch Country Club (R -G zone). Cell towers in parks will require review and approval from the Recreation and Parks Commission and the Planning Commission. NEXT STEPS: Staff is proposing to start the environmental review and public hearing processes immediately after this meeting. Below is an outline of the dates and review bodies involved. Page 8 April 13, 2010,— 30 day public comment period for the Negative Declaration begins. April 28, 2010, 6:30 PM — The EnvirQnmental Quality Control Board holds a public meeting to receive comments regarding the Negative Declaration. May 5, 2010, 7:30 PM - The Planning Commission conducts the first public hearing on the draft Title 11, and provides comments regarding the Negative Declaration. u May 13, 2010 — Public Comment Period on Negative Declaration ends. May 19, 2010, 7:30 PM — The Planning Commission conducts the second public hearing"and makes a final set of recommendations on the draft Title 11 to the City Council. June 14, 2010, 7:00 PM — The City Council conducts the first public hearing on the draft Title 11 and Negative Declaration. p June 28, 2010, 7:00 PM — The City Council conducts the second and final public hearing on Title 11 and adopts the Negative Declaration. These dates are tentative and subject to change based upon the need for additional hearings before the Planning Commission or City Council. The public will be formally notified through the newspaper, postings and the City web site of the exact date and time of meetings. FINANCIAL IMPACT: There is the cost of codifying and printing the updated version of the Zoning Code. Staff estimates the cost to be not more than $3,000. RECOMMENDATION: That the City Council and Planning Commission provide policy direction to staff and concur with the draft schedule as outlined above. SUBMITTED BY: Mark Persico, AICP Director of Development Services Lee Whittenberg, Consultant NOTED AND APPROVED: David Carmany City Manager Public Hearing re: 'Draft - Title 11: Zoning, February, 2010° Planning Commission Staff Report May 5, 2010 ATTACHMENT 5 OVERVIEW SUMMARY: MAJOR PROVISIONS OF PROPOSED TITLE 11, ZONING PC Staff Report.05 -05-10 41 Public Hearing re: Draft - Title 11 Planning Page Intentionally Left Blank PC Staff Report.05 -05 -10 42 Zoning, February, 2010" Commission Staff Report May 5, 2010 Public Hearing re: 'Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report. May 5, 2010 OVERVIEW SUMMARY MAJOR PROVISIONS OF PROPOSED TITLE 11: ZONING CODE The Proposed Title 11: "Zoning" is a complete revision of the Cit/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 significant changes from both procedural and development regulation standards incorporated into the proposed Zoning Code that.do not currently exist in the present Zoning Code. The 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. 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. The major provisions of the "Zoning Code" are summarized below: PART I: GENERAL PROVISIONS: ❑ Section 11.1.05.025.F: Application During Local Emergency — includes new language that authorizes the City Council to authorize deviations by resolution during declared local emergencies. ❑ Table 11.1.05.030: Zoning Districts — renames all current zoning district names to better correlate with the "General Plan" land use designations. For residential districts the new district designations indicate the number of residential units allowed per net acre of land, not land area required per housing unit, as does the current Zoning Code. ❑ Chapter 11.1.15: Rules of Measurement - provides clear direction as to how measurements referenced in the Zoning Code are to be calculated. ❑ Section 11.1.15.030.6: Measuring Lot Depth — establishes new methodology for irregular shaped lots. PC Staff Report.05 -05 -10 43 Public Hearing re: Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Section 11.1.15.040: Determining Average Front Setback — RHD 20 District — provides additional clarification as to how to calculate. Reflects long- standing practice of the City. PART II: BASE DISTRICT REGULATIONS: ❑ Chapter 11.2.05: Residential Districts — combines all residential development standards into one Chapter of the Zoning Code. ❑ Table 11.2.05.010: Use Regulations — Residential Districts — provides summary of major land uses allowed in each zoning district, whether by right, Administrative Use Permit, or Conditional Use Permit, and provides cross references to other Zoning Code provisions regarding those uses. Maintains current lot size, density, setbacks, height, and lot coverage standards. • Table 11.2.05.015: Development Standards for Residential Districts — provides summary of major development standards for each zoning district, and provides cross references to other Zoning Code provisions regarding those development standards. ❑ Ratio of 2nd Story Building Area to 1st Story Building Area — standards are only proposed for the RLD -9 and RMD -18 districts. • Section 11.2.05.015.A: Standards for Surfside — no changes of current provisions except minor change regarding stairways on Surfside leased land along the "A" row of beachfront homes (Section 11.2.05.015.A.6.d.i). El Table 11.2.05.015.E.1 through Table 11.2.05.015.E.3 — sets forth current development standards for the "RLD -15 District" (Bridgeport/Suburbia Tracts 6345, 6346, and 9814). No changes of current standards are proposed. ❑ Section 11.2.05.015.H: Building Height - RLD -9 and RHD -20 Districts — maintains all current residential height limitations. ❑ Section 11.2.05.015.M: Facade Articulation - Lots Greater than 25 in Width — establishes new standards for "fagade articulation" as a development regulation to address mass and bulk of development concerns being expressed within the community. ❑ Section 11.2.05.015.0: Porches — establishes new, discretionary, standards for "porches" . as a development option to address mass, bulk, and street appearance concerns being expressed within the community. ❑ Section 11.2.05.015.P: Additional Front Setback Above 14 Feet — establishes new standards for two -story design elements adjacent to a front setback area as a development regulation to address mass and bulk of development concerns being expressed within the community. PC Staff Report.05 -05 -10 44 Public Hearing re: 'Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Section 11.2.05.015.Q: Additional Side Setback or Stepback Above 14 Feet — establishes new standards for two -story design elements adjacent to a side setback area as a development regulation to address mass and bulk of development concerns being expressed within the community. Establishes separate standards. for lots less than 37.5 feet wide and for lots 37.3 feet wide or wider. ❑ Section 11.2.05.015.R: Design of Building Additions — establishes new standards for building addition design elements as a development regulation to address mass, bulk, and neighborhood compatibility of development concerns being expressed within the community. ❑ Section 11.2.05.015.U: Limitation on Parking and Garage Frontage — establishes new standards for garage design elements as a development regulation to address mass, bulk, and neighborhood compatibility of development concerns being expressed within the community. ❑ Section 11.2.05.015.U.5: Required Garage Exception — RLD -9 District — establishes new standards for number of required garage spaces in RLD -9 District if the driveway has a clear area with minimum dimension of 18 feet by 18 feet and the garage has a roll -up garage door— allows reduction of 1 space in required garage parking for single -unit dwellings with 6 bedrooms or more. ❑ Section 11.2.05.015.Y: Open Space Requirements — establishes new standards for required private open space as a development regulation to address lack of private open space for residential developments being expressed within the community. ❑ Section 11.2.05.015.AA: Development . Standards for 2 -Story Cabanas /Manufactured Homes — maintains current development standards for 2 -story cabanas and clarifies that standards also apply to 2 -story manufactured homes. Restates provisions of California Administrative Code regarding size limitations imposed by State of California regarding the maximum size of a cabana (these regulations only apply within the Seal Beach Trailer Park). ❑ Section 11.2.05.015.BB: Roof Decks — establishes new standards for roof decks as a development regulation to address neighborhood privacy /compatibility issues regarding residential developments being expressed within the community. ❑ Chapter 11.2.10: Commercial and Mixed -Use Districts - combines all commercial and mixed -use development standards into one Chapter of the Zoning Code. PC Staff Report. 05-05-10 45 Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Table 11.2.10.010: Use Regulations — Commercial and Mixed -Use Districts — provides summary of major land uses allowed in each zoning district, whether by right, Administrative Use Permit, or Conditional Use Permit, and provides cross references to other Zoning Code provisions regarding those uses. ❑ Table 11.2.10.015: Development Standards — Commercial and Mixed -Use Districts — provides summary of major development standards for each zoning district, and provides cross references to other Zoning Code provisions regarding those development standards. ❑ Maintains current "floor area ratio" standards for the LC -RMD mixed -use districts. ❑ No changes proposed to current building height and setback standards. Refer to Tables 11.2.10.015.13 and 11.2.10.015.C.1 through 11.2.05.015.C.3. ❑ Section 11.2.10.015.D: Minimum Yard Requirements: Building Transition Zone Adjacent to Residential Districts — establishes new standards for building transition areas for mixed -use commercial and residential uses to address privacy /neighborhood compatibility issues for residential developments being expressed within the community. ❑ Section 11.2.10.015.E: Public Open Space — establishes new standards for the provision of outdoor open space for commercial buildings over 25,000 square feet in area. Requires open space to be provided at a ratio of 25 square feet per 1,000 square feet of building area, with minimum dimensions of 15 feet, and within 40 feet of and visible from a street - facing property line. ❑ Proposes Administrative Use Permit approval for commercial buildings that are not within 40 feet of and visible from a street- facing property line. ❑ Section 11.2.10.015.F: Limitations on Location of Parking — establishes new standards for parking area locations to address street appearance /neighborhood compatibility issues for commercial developments being expressed within the community. ❑ Section 11.2.10.015.H: Limitations on Location of Truck Docks, Loading, and Service Areas — establishes new standards for locations of these types of commercial activities to address street appearance /neighborhood compatibility issues for commercial developments being expressed within the community. ❑ Section 11.2.15.015.1: Building Design Features — establishes new standards for "Building Design Features to address street appearance /neighborhood compatibility issues for commercial developments being expressed within the community. PC Staff Report.05 -05 -10 46 Public Hearing re: 'Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ See Sections 11.2.10.015.1.1: Variety in Wall Plane; 11.2.10.015.1.2: Variety in Roof Forms; 11.2.10.015.1.3: Variety of Height for Different Massing Elements; 11.2.10.015.1.4: "Modules Articulated by Change in Plane, Color, or - Materials; 11.2.10.015.1.5: Fagade Design Incorporates Architectural Detail; and 11.2.10.015.1.6: Use of Balconies, Bay Windows, and other such Projections or Recesses;. The proposed provisions encourage use of the described design features to allow for some architectural design freedom and diversity in new commercial developments. ❑ Section 11.2.10.015.K: Building Orientation — establishes new standards for commercial building orientation to address street appearance /neighborhood compatibility issues for commercial developments being expressed within the community. ❑ Proposes Administrative Use Permit approval for commercial buildings that are not oriented towards a public street. ❑ Section 11.2.10.015.L: Ground Floor Requirements — establishes new standards for ground floor building materials to address . street. appearance /neighborhood compatibility issues for commercial developments being expressed within the community. ❑ Section 11.2.10.015.M: Building Transparency — establishes new standards for commercial building fagade transparency to address street appearance /neighborhood compatibility issues for commercial developments being expressed within the community. ❑ Section 11.2.10.015.0: Required Side and Rear Yards for Residential Uses — establishes new standards for residential development as part of a mixed -use project to address neighborhood compatibility issues for mixed - use developments being expressed within the community. ❑ Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts. ❑ Table 11.2.15.010: Use Regulations — Light Manufacturing and Oil Extraction Districts — provides summary of major land uses allowed in each zoning district, whether by right, Administrative Use Permit, or Conditional Use Permit, and provides cross references to other Zoning Code provisions regarding those uses. ❑ Table 11.2.15.015: Development Standards — Light Manufacturing and Oil Extraction Districts — provides summary of major development standards for each zoning district, and provides cross references to other Zoning Code provisions regarding those development standards. No changes proposed to current building height and setback standards. PC Staff Report.05 -05-10 47 Public Hearing re: 'Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Section 11.2.15.015.B: Building Design Features — establishes new standards for "Building Design Features to address street appearance /neighborhood compatibility issues -for light manufacturing developments being expressed within the community. ❑ See Sections 11.2.15.015.B.1: Variety in Wall Plane; 11.2.15.015.B.2: Variety of Height for Different Massing Elements; and 11.2.15.015.B.3: Modules Articulated by Change in Plane, Color, or Materials. The proposed provisions encourage use of the described design features to allow for some architectural design freedom and diversity in new light manufacturing and oil extraction developments. ❑ Chapter 11.2.20: Public and Semi - Public Facilities Districts. ❑ Table 11.2.20.010: Use Regulations — Public and Semi - Public Facilities Districts — provides summary of major land uses allowed in each zoning district, whether by right, Administrative Use Permit, or Conditional Use Permit, and provides cross references to other Zoning Code provisions regarding those uses. These uses relate to public agency non -park facilities and private golf courses. ❑ Establishes new standards for residential uses in conjunction with a private golf course by requiring Conditional Use Permit approval for such a proposed land use. to address neighborhood compatibility issues being expressed within the community. ❑ Chapter 11.2.25: Open Space, Parks, and Recreation Districts. ❑ Table 11.2.25.015: Use Regulations — Open Space, Parks, and Recreation Districts — provides summary of major land uses allowed in each zoning district, whether by right, Administrative Use Permit, or Conditional Use Permit, and provides cross references to other Zoning Code provisions regarding those uses. These uses relate to public agency sensitive land areas and park facilities. PART III: OVERLAY DISTRICT REGULATIONS: ❑ Chapter 11.3.05: Residential Conservation Overlay District - maintains current provisions of the Zoning Code currently in Sections 28 -850 through 28 -856. No changes to current provisions are proposed. ❑ Chapter 11.3.10: Planned Development Overlay District ( -PD) - maintains current provisions of the Zoning Code currently in Sections 28 -1100 through 28 -1106. No changes to current provisions are proposed. ❑ Chapter 11.3.15: Commercial /Park Overlay District- maintains current provisions of the Zoning Code currently in Section 28 -900. No changes to current provisions are proposed. PC Staff Report.05 -05 -10 48 Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Chapter 11.3.20: Coastal Zone Overlay District — reserves a Chapter for future adoption upon certification of a Local Coastal Plan and Implementing Actions Ordinance by the City Council and the California Coastal Commission. PART IV: REGULATIONS APPLYING IN SOME OR ALL DISTRICTS: ❑ Chapter 11.4.05: Standards for Specific Uses - Sets forth .both permit approval requirements and development standards for many uses that can .occur within different zoning districts of the community. ❑ Section 11.4.05.010: Accessory Business Uses and Activities — sets forth minimum standards for development and operation of accessory manufacturing and retail sales and service uses. Includes provisions regarding exterior appearance, public access, floor area limitation, criteria for approval, allowable incidental business activities and prohibited uses, permit requirements, and development standards. ❑ Sub - section D: Allowable Incidental Business Activities — includes revisions to language regarding live, unamplified tableside entertainers. ❑ Section 11.4.05.015: Alcoholic Beverage Establishments — sets forth permit requirements and references development standards for any alcohol sales establishment in the City. Maintains current Conditional Use Permit approval process by Planning Commission. ❑ Section 11.4.05.020: Animal Keeping — sets forth number and location standards for keeping of animals in non - commercial situations. ❑ Section 11.4.05.025: Assisted Living Facilities - sets forth permit requirements and development standards for any such use in the City. Maintains current Conditional Use Permit approval process by Planning Commission. ❑ Section 11.4.05.030: Automated Teller Machines (ATMs) - sets forth. permit requirements and development standards for any such use in the City. Requires Administrative Use Permit approval process consideration by Director of Development Services. ❑ Section 11.4.05.035: Automobile Service Station - sets forth permit requirements and development standards for any such use in the City. Updates current development standards and proposes new requirements for a "tow service" conducted at an automobile service station. Maintains current Conditional Use Permit approval process by Planning Commission. ❑ Section 11.4.05.040: Automobile/Vehicle Sales and Services - sets forth development standards for any such use in the City. Updates current development standards and proposes new requirements for a "tow service" conducted at an automobile /vehicle sales and service location. PC Staff Report.05 -05-10 49 Public Hearing re: Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Section 11.4.05.045: Child Day Care Facilities - sets forth permit requirements and development standards for any such use in the City. Updates current development standards and proposes new requirements. Maintains current Conditional Use Permit approval process by Planning Commission for Large .Family Day Care Homes. ❑ Section 11.4.05.050: Drive -In and Drive - Through Facilities - sets forth permit requirements and development standards for any such use in the City. Updates current development standards and -proposes new requirements. Maintains current Conditional Use Permit approval process by Planning Commission. ❑ Section 11.4.05.055: Extended Hour Businesses - sets forth permit requirements and development standards for any such use in the City. Updates current development standards and proposes new requirements. Includes provisions regarding neighborhood complaints regarding the conducting of such a use. Maintains current Conditional Use Permit approval process by Planning Commission. Note: the definition of such a use is proposed to be modified to now encompass business's operating between 12:01 AM and 6 AM. The current Zoning Code provisions apply to a business operating between 2 AM and 6 AM. ❑ Section 11.4.05.060: Home Occupations - sets forth permit requirements and development standards for any such use in the City. Updates current development standards and proposes new requirements. Allows such uses as a permitted use or requires Administrative Use Permit approval process consideration by the Director of Development Services. Specifies limitations on uses and intensity of use that can be permitted by right. ❑ Sub - section D: Home Occupations Requiring an Administrative Use Permit — includes revision to language regarding teaching of organized classes and music instruments. ❑ Section 11.4.05.065: Kiosks - sets forth permit requirements and establishes development standards for any such use in the City. Allows such uses subject to Administrative Use Permit approval process consideration by the Director of Development Services. Specifies location, architectural design, and other standard conditions to conduct such a use. ❑ Section 11.4.05.070: Liquor Stores - sets forth permit requirements and references development standards for any liquor store sales establishment in the City. Maintains current Conditional Use Permit approval process by Planning Commission. ❑ Section 11.4.05.075: Manufactured Housing - sets forth permit requirements and development standards for any such use in the City. Updates current development standards and proposes new requirements. Allows such uses as a permitted use in accordance with provisions of State law. PC Staff Report.05 -05 -10 50 Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Section 11.4.05.080: Meeting Facilities, Private Schools, and Similar Institutional Uses - sets forth permit requirements and development standards for any such use in the City. Updates current development standards and proposes new requirements. Includes provisions regarding neighborhood compatibility. Maintains current Conditional Use Permit approval process by Planning Commission. Provisions do not apply to public education facilities. ❑ Section 11.4.05.085: News and Flower Stands - sets forth permit requirements and establishes development standards for any such use in the City. Allows such uses subject to Administrative Use Permit approval process consideration by the Director of Development Services. Specifies location, architectural design, and other standard conditions to conduct such a use. ❑ Section 11.4.05.090: Outdoor Dining, Display, and Sales Standards — sets forth permit requirements and establishes development standards for such uses in the City. Allows such uses subject to either Administrative Use Permit or Conditional Use Permit approval process consideration by the Director of Development Services or Planning Commission, respectively. Specifies location, architectural design, and other standard conditions to conduct such uses. ❑ Section 11.4.05.090.A: Temporary Outdoor Displays and Sales — requires Administrative Use Permit approval process consideration by the Director of Development Services. Sets forth specific standards' and operational requirements to be met. ❑ Section 11.4.05.090.B: Accessory Outdoor Display — requires Administrative Use Permit approval process consideration by the Director of Development Services. Sets forth specific standards and operational requirements to be met. ❑ Section 11.4.05.090.C: Permanent Outdoor Displays and Sales — requires Conditional Use Permit approval process consideration by the Planning Commission. Sets forth specific standards and operational requirements to be met. ❑ Section 11.4.05.090.D: Outdoor Dining and Seating Areas — Allows such uses subject to either Administrative Use Permit or Conditional Use Permit approval process consideration by the Director of Development Services or Planning Commission, respectively. Specifies location, architectural design, operations, and other standard conditions to conduct such uses. Sets forth specific site development standards and operational requirements to be met. ❑ Outdoor Dining Areas not exceeding 12 seats - Administrative Use Permit approval required. ❑ Outdoor Dining Areas exceeding 12 seats - Conditional Use Permit approval required. ❑ Alcoholic Beverage Sales - Conditional Use Permit approval required. ❑ Amplified Sound and Music - Conditional Use Permit approval required. PC Staff Report.05 -05-10 51 Public Hearing re: Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Outdoor Cooking - Conditional Use Permit approval required. ❑ Compliance with Standard Conditions for Alcohol Related Land Uses — City Council Policy 600 -1. ❑ Section 11.4.05.095: Recycling Facilities — sets forth specific standards and operational requirements to be met for the following facilities: ❑ Reverse Vending Machines; ❑ Recycling Collection Point; and ❑ Recycling Processing Facility. ❑ Section 11.4.05.100: Residential Accessory Uses, Structures, and Vehicle Parking - provides standards for residential accessory uses and structures allowed in the zoning district applicable to a parcel (see Table 2.05.015: Development Standards for Residential Districts). Accessory uses include any use that is customarily related to a residence, including carports, garages, greenhouses, storage sheds, studios, above ground swimming pools /spas, and workshops. Requirements are proposed for: ❑ Garage Sales — Section 11.4.05.100.B. ❑ Attached Accessory Structures - Section 11.4.05.100.C. ❑ Detached Accessory Structures - Section 11.4.05.100.D. Includes limitation on total area of such structures. See Table 11.4.05.100.D.4: Maximum Lot Coverage — Detached Accessory Structures. ❑ Driveways, Walkways, and Patios - Section 11.4.05.100.E. ❑ Mechanical Equipment -Section 11.4.05.100.F. ❑ Antennas - Section 11.4.05.100.G. ❑ Garages - Section 11.4.05.100.H. ❑ Guest Rooms and Pool Houses - Section 11.4.05.100.1. Limitations on number and height of such structures; otherwise a Conditional Use Permit is required. ❑ Swimming Pools /Spas /Hot Tubs -Section 11.4.05.100.J. ❑ Minor Accessory Structures - Freestanding Barbecues /Fireplaces, Sculptures, and Fountains, etc. - Section 11.4.05.100.K. . Establishes limitations on location and height of such structures; otherwise an Administrative Use Permit is required. ❑ Tennis and Other Recreational Courts - Section 11.4.05.100.L. Requires Administrative Use Permit approval to establish such facilities. ❑ Workshops or Studios - Section 11.4.05.100.M. ❑ Tents and Portable Shelter Structures - Section 11.4.05.100.N. ❑ Restrictions on Residential Parking within Residential Districts - Section 11.4.05.100.0. Establishes limitations on the area of a lot that can be utilized for the storage and parking of recreational vehicles and boats; see Section 11.4.05.100.0.2: Recreational Vehicles and Boats. PC Staff Report.05 -05-10 52 Public Hearing re: 'Draft - Tide 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Driveway Standards -Section 11.4.05.100.P. ❑ Section 11.4.05.105: Residential Care Facilities - sets forth specific standards and operational requirements to be met for such uses. ❑ Section 11.4.05.110: Residential Uses - Multi-Unit Project Standards - sets forth specific standards and operational requirements to be met for private and common open space areas, and other facilities such as laundry facilities, storage areas, and solid waste recycling facilities. See also Table 11.4.05.110.B.1: Multi-Unit Open Space Requirements. ❑ Section 11.4.05.115: Residential Uses - Second Dwelling Units — maintains current standards that are in accordance with -the requirements of State law. ❑ Section 11.4.05.120: Restaurant — Alcohol Sales - sets forth permit requirements and references development standards for any alcohol sales establishment in the City. Maintains current Conditional Use Permit approval process by Planning Commission. ❑ Section 11.4.05.125: Senior Citizen Apartments and Independent Living Facilities - sets forth specific standards and operational requirements to be met for Senior Citizen Apartments and Independent Living Facilities. Requires Conditional Use Permit approval by the Planning Commission to establish such a use. See also Table 11.4.05.125: Senior Citizen Residential Project Development Features. ❑ Section 11.4.05.130: Temporary Structures, Trailers, and Modular Units - requires Administrative Use Permit approval by the Director of Development Services to establish such a use. ❑ Section 11.4.05.135: Vacation Rentals - requires Conditional Use Permit approval by the Planning Commission to establish such a use and sets forth required development and operational standards. ❑ Section 11.4.05.140: Warehouse Retail and Large -Scale Commercial Projects — proposes new standards for retail structures over 20,000 square feet in size. Standards are proposed regarding the following: ❑ Design and Development Standards — Section 11.4.05.140.B. ❑ Section 11.4.05.140.B.1.a: Exterior Wall Appearance and Details; ❑ Section 11.4.05.140.B.1.b: Horizontal Wall Articulation; ❑ Section 11.4.05.140.B.1.c: Vertical Wall Articulation; ❑ Section 11.4.05.140.B.1.d: Roof Lines; ❑ Section 11.4.05.140.B.1.e: Windows; ❑ Section 11.4.05.140.B.1.f: Location of Secondary Uses; ❑ Section 11.4.05.140.6.2: Landscaping; ❑ Section 11.4.05.140.B.3: Outdoor Lighting; and PC Staff Report.05 -05 -10 53 Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning, Commission Staff Report May 5, 2010 ❑ Section 11.4.05.140.B.4: Signs. ❑ Chapter 11.4.10: General Site Standards —Sets forth standards for specific uses that are permitted or conditionally permitted in several or all districts, and specific site standards that apply to several or all districts. ❑ Section 11.4.10.010: Development on Lots Divided by District Boundaries — sets forth standards for determining applicable regulations when district boundaries are unclear. ❑ Section 11.4.10.015: Mechanical Equipment Screening — requires mechanical and electrical equipment and antennas to be screened or incorporated into the building design so as not to be visible from the view of a person standing on the property line on the far side of an adjacent public street. ❑ Section 11.4.10.020: Performance Standards — sets forth performance standards for: ❑ Lighting — See Table 11.4.10.020.A: Outdoor Parking Area Illumination Levels by Use (Average Foot Candles), which proposes new illumination standards for parking lots throughout the City. This section also allows the Director to require photometric plans to ensure compliance with lighting standards. ❑ Noise — See 11.Table 4.10.020.B.2: Outdoor Noise Levels, and Table 4.10.020.B.3: Indoor Noise Levels which proposes noise level standards for both areas of concern that are consistent with the requirements of State law throughout the City. This section also allows the Director to require noise studies to ensure compliance with noise standards. ❑ Fire and Explosion Hazards — existing City requirements. ❑ Radioactivity or Electrical Disturbances — existing City requirements. ❑ Vibration — existing City requirements. ❑ Smoke, Particulate Matter, Odor and Other Air Contaminants — existing City requirements. ❑ Humidity, Heat and Cold — existing City requirements. ❑ Storm Drainage and Storm Water Runoff — ensures compliance with Federal and State law requirements of the National Pollution Discharge Elimination System (NPDES) permit issued by the California Regional Water Quality Control Board. Discharges are required to comply with Chapter 9.20: Storm Water Management Program, Chapter 9.25: Fats, Oil and Grease Management and Discharge Control, Chapter 9.30: Sewerage, Chapter 9.35: Water, and Chapter 9.50: Grading of the Municipal Code. ❑ Section 11.4.10.025: Recycling and Solid Waste Facilities — requires specified new development projects, new residential projects of 5 or more units, or new public facilities to include adequate, accessible and convenient areas for PC Staff Report.05 -05-10 54 Public Hearing re: "Drab - Title If: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 collecting, storing and loading recyclable materials, subject to specified requirements. See Table 11.4.10.025.C.1: Residential Development Storage Requirements, and Table 11.4.10.025.C.2: Non - Residential Development Storage Requirements for size requirements. Also includes standards for location, orientation, materials, design, and construction. ❑ Section 11.4.10.030: Swimming Pools and Hot Tubs — maintains current development standards for residential districts. Requires Administrative Use permit approval by the Director for non - public pools in non - residential locations (swimming pool at a hotel, private country club, etc.) and Conditional Use Permit approval by the Planning Commission for a public swimming pool. ❑ Section 11.4.10.035: Underground Utilities — requires compliance with the provisions of Title 9, Public Property, Public Works and Building Regulations, Section 9.55: Underground Utilities and Title 10: Subdivisions, of the Municipal Code. ❑ Section 11.4.10.040: Street and Highway Dedications and Improvements — requires road dedication and public road improvements to the standards set forth in Article 10: Subdivisions, and Chapter 9.55: Underground Utilities, of the Municipal Code and to the requirements of the City Engineer. Allows certain minor additions to structures without complying with the specified standards by Conditional Use Permit approval by the Planning Commission. ❑ Section 11.4.10.045: Solar Energy Systems — sets forth installation standards for solar energy systems. ❑ Chapter 11.4.15: Fences, Hedges and Walls — Sets forth standards for fences, hedges and walls that apply to several or all districts. ❑ Section 11.4.15.010: General Height Limitations — sets forth standards for allowable fence, hedge and wall heights throughout the City. With the exception of a proposed increase in the general height from 6 -feet to 7 -feet for side and rear property line walls and fences, maintains all current standards. See Table 11.4.15.010.A.1: Allowable Heights, and Table 11.4.15.010.A.2: Allowable Heights — Specific Locations. ❑ Section 11.4.15.015: Height Limitations for Retaining Walls — sets forth standards for retaining walls within the City. Includes multiple retaining wall separation and landscapeArrigation standards. Includes the current standards for the "Gold Coast" and for homes that rear to "Gum Grove Park" and the Hellman wetland areas adjacent to Avalon, Catalina, Crestview, and Surf Place. ❑ Section 11.4.15.020: Measurement of Fence or Wall Height — sets forth standards on how fence or wall height is determined. PC Staff Report.05 -05-10 55 Public Hearing re: Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Section 11.4.15.025: Special Wall and Fencing Requirements — sets forth standards for: ❑ Swimming Pools, Spas, and Similar Features; ❑ Walkway and Driveway Architectural Features — proposed new standards; ❑ Outdoor Equipment, Storage and Work Areas; ❑ Sport Facility and Golf Course Fencing; ❑ Temporary Fencing; and ❑ Fence and Wall Design ❑ Section 11.4.15.030: Restrictions on Fence Materials — sets forth provisions for security and chain link fences. ❑ Section 11.4.15.035: Authority to Waive or Modify Requirements: Restrictions on Fence Materials — provides for Administrative Use Permit approval by the Director for requested modification to Section 4.15.030. ❑ Chapter 11.4.20: Off - Street Parking and Loading — Sets forth parking standards that apply to several or all districts, depending on the applicable land use. ❑ Section 11.4.20.010: Review Procedure — requires parking plans and development to be approved by the Director. ❑ Section 11.4.20.015: Required Off - Street Parking Spaces — sets forth required parking standards for identified land uses throughout the City. Other than a proposed change for "single -unit dwelling" no changes to current requirements are proposed. See Table 11.4.20.015.A.1: Required Parking, and Table 11.4.20.015.A.2: Required Parking — Main Street Specific Plan Zone District. ❑ The proposed change for "single -unit dwellings" is from a 2 -space requirement regardless of the number of bedrooms to a sliding scale based on the number of bedrooms. Single family homes up to 5 bedrooms would need to provide 2 spaces, homes with 6 bedrooms would be required 3 spaces, homes with 7 bedrooms would be required 4 spaces, etc. See also proposed Section 11.2.05.015.W.4: Required Garage Exception — RLD -9 District. This section allows for the provision of 1 of the required parking spaces in the RLD -9 District (the Hill, College Park East and College Park West) to be provided on a driveway in front of a garage with a roll -up door if the driveway has a minimum areas of 18 -feet wide and 18 -feet in length. ❑ Section 11.4.20.020: Parking Reductions — sets forth standards regarding the following allowable parking reduction programs: ❑ Section 11.4.20.020.A: Shared Parking — allows "shared parking agreements" to be approved by Administrative Use Permit by the Director. Requires additional findings and allows for the Director to require a "Parking Demand Study" to be prepared. PC Staff Report.05 -05 -10 56 Public Hearing re: "Draft - Title 11: Zoning, February, 2010° Planning Commission Stan Report May 5, 2010 ❑ Section 11.4.20.020.B: Other Parking Reductions — allows "other parking reductions" to be approved by Conditional Use Permit by the Planning Commission. Requires additional findings and allows for the Director 'to require a "Parking Demand Stud" to be prepared. ❑ Section 11.4.20.020.D: Main Street Specific Plan District In -Lieu Parking Program — maintains current provisions of this parking program. No revisions are proposed. ❑ Section 11.4.20.025: General Parking Design Standards — sets forth design and layout standards for all parking areas and includes provisions regarding: ❑ Section 11.4.20.025.B: Property on Which Parking and Loading Must Be Provided — requires parking to be located on the same lot as the use the parking serves and also maintains the current requirement that the Planning Commission may consider a Conditional Use Permit to provide parking on another lot within 300 feet of the use served. Requires additional findings to be made by the Planning Commission. ❑ Section 11.4.20.025.C: Minimum Parking Space Dimensions; Standard - codifies design standards for standard size parking spaces for different parking lot layouts. See also Table 11.4.20.025.C: Parking Area Space Dimensions for Automobiles — Standard Spaces, Figure 11.4.20.025.C.1: Parking Space Typical Layouts, and Figure 11.4.20.025.C.2: Standard Size Parking Space Dimensions. ❑ Section 11.4.20.025.D: Minimum Parking Space Dimensions; Compact - codifies design standards for compact size parking spaces for different parking lot layouts. Maintains current provisions that allow up to 25% of required parking spaces to be compact sized spaces. See also Table 11.4.20.025.D: Parking Area Space Dimensions for Automobiles — Compact Spaces. ❑ Section 11.4.20.025.E: Standards for Disabled Parking Spaces — references requirements of the California Building Code (which specify the number and design standards for disabled parking spaces) and sets forth requirements to upgrade marking of disabled spaces if required by amendments to the California Building Code. ❑ Section 11.4.20.025.H: Direction of Vehicle Ingress /Egress - sets forth standards and imposes new design standards for commercial center parking lot entrances for lots with more than 200 parking spaces. See Figure 11.4.20.025.H: Main Entrance for Commercial Center Parking Lots having more than 200 Parking Spaces. ❑ Section 11.4.20.025.1: Pedestrian Walkways — sets forth design standards for pedestrian walkways within parking lot areas. ❑ Section 11.4.20.025.J: Surfacing — general provisions regarding paving and use of landscaping. PC Staff Report.05 -05-10 57 Public Hearing re: Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Section 11.4.20.025.K: Drainage — requires parking lot drainage to be contained within the parking lot area and in accordance with storm water quality standards. ❑ Section 11.4.20.025.L: Landscaping — refers to the landscaping requirements set forth in Chapter 11.4.30: Landscaping and Buffer Yards. ❑ Section 11.4.20.025.M: Screening - refers to the landscaping and screening requirements set forth in Chapter 11.4.30: Landscaping and Buffer Yards: Section 11.4.30.015.F: Landscaped Buffer for Open Parking Abutting Public Right -of -Way: ❑ Section 11.4.20.025.N: Lighting — sets forth standards for lighting of parking lots and refers to Section 4.10.020.A: Lighting. ❑ Section 11.4.20.025.0: Wheel Stops and Curbing - sets forth standards for use of wheel stops and curbing around landscaped areas. ❑ Section 11.4.20.025.P: Markings — sets forth marking requirements for parking spaces striping, directional arrows, etc. ❑ Section 11.4.20.025.Q: Utilization of Required Parking Spaces — prohibits use of parking areas, driveways, and landscaped areas for the storage of material/merchandise. ❑ Section 11.4.20.030: Driveways — sets forth standards for driveways, including visibility requirements at street intersections or right -of -way lines. See Figure 11.4.20.030.A: Parking Lot Design Standards and Figure 11.4.20.030.B: Driveway Visibility. ❑ Section 11.4.20.035: Required Off -Street Loading — sets forth new standards for loading areas when required (buildings 10,000 square feet or larger). Establishes requirement for customer loading spaces for Building material and Home Improvement Sales and Service Stores over a specified size. Includes design and location standards, including screen walls and noise attenuation provisions. Requires Administrative Use Permit approval by the Director for exceptions to specified standards. ❑ Section 11.4.20.040: Parking Structures — establishes new standards for design of parking structures within the City. Requires Conditional Use Permit approval by the Planning Commission for parking structures city -wide. ❑ Section 11.4.20.045: Required Bicycle Parking — establishes new standards for the provision of bicycle parking at non - residential and residential multi - family developments within the City. Sets forth design standards. ❑ Chapter 11.4.25: Signs — Sets forth sign standards that apply to several or all districts, depending on the applicable land use and zoning district. ❑ Section 11.4.25.010: Exempt Signs — specifies signs that are exempt from the provisions of the Chapter. PC Staff Report.05 -05 -10 58 Public Hearing re: Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Section 11.4.25.015: Prohibited Signs — sets forth provisions regarding sign types that are prohibited in the City, including animated or moving. signs, off- premise signs, roof signs, and specified signs in the public right -of -way. See also Figure 11.4.25.015.F: Roof Signs. ❑ Section 11.4.25.020: Temporary Banners — maintains current City requirements regarding permit requirements for temporary banners. ❑ Section 11.4.25.025: Signs Commercial, Mixed -Use, and Other Non - Residential Districts — sets forth current sign standards for commercial, mixed - use and other non - residential districts, except as noted below: ❑ Section 11.4.25.025.A: Allowable Signs Per Commercial Activity and Per Shopping Center Location — LC /RMD, PO, MSSP, SC, GC, LM and OE Districts — See also Table 11.4.25.025.A: Standards for Signs in Commercial, Mixed -Use, and Other Non - Residential Districts and as defined in Chapter 11.6.05: Terms and Definitions, under "Sign Types." The signs erected on a site may be any combination of permitted sign types, subject to the limitations for individual sign types listed in this Section and any other provisions of this Chapter. ❑ Section 11.4.25.025.D.5: Marquee Signs — establishes new standards for this sign type and requires Administrative Use Permit approval by the. Director for height and specified lighting exceptions. ❑ Section 11.4.25.025.D.6: Portable A -Frame Signs — establishes new standards for this sign type and does not permit such signs on public property. ❑ Section 11.4.25.025.D.10: Main Street Specific Plan District — Additional Requirements — maintains current sign standards and regulations. Requires Conditional Use Permit approval by the Planning Commission for multi- tenant structures and a "Planned Sign Program" for 4 or more separate tenant spaces. ❑ Section 11.4.25.030: Signs — Residential Districts — maintains current regulations for signs in residential districts of the City. ❑ Section 11.4.25.035: Temporary Signs — establishes requirements for temporary non - commercial and commercial signs citywide. Provisions comply with court decisions regarding freedom of expression and speech. ❑ Section 11.4.25.040: General Provisions for All Sign Types — retains all current requirements regarding: ❑ Calculation of Sign Area —set forth in Section 11.4.25.040.A. ❑ Materials —set forth in Section 11.4.25.040.6. ❑ Illumination — set forth in.Section 11.4.25.040.C. PC Staff Report.05 -05-10 59 Public Hearing re: 'Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Illumination, Main Street Specific Plan District — set forth in Section 11.4.25.040.D. ❑ Changeable Copy —set forth in Section 11.4.25.040.E. ❑ Code Compliance -set forth in Section 11.4.25.040.F. ❑ Section 11.4.25.045: Procedures for, Sign Approval — retains all current requirements regarding procedures for sign approvals. Also includes new provisions regarding "Exceptions to Standards" (Section 11.4.25.045.F), and requires Conditional Use Permit approval by the Planning Commission for requested exceptions. ❑ Section 11.4.25.050: Maintenance and Administrative Removal of Signs — maintains current standards and updates' standards by referencing certain California construction codes. ❑ Section 11.4.25.055: Legibility of Signs — maintains current provisions of Zoning Code. ❑ Section 11.4.25.060: Materials - maintains current provisions of Zoning Code. ❑ Section 11.4.25.065: Changeable Copy - maintains current provisions of Zoning Code. ❑ Section 11.4.25.070: Historic Signs - maintains current provisions of Zoning Code. ❑ Section 11.4.25.075: Illegal Signs - maintains current provisions of Zoning Code. ❑ Chapter 11.4.30: Landscaping and Buffer Yards - Sets forth landscaping standards that apply to several or all districts, depending on the applicable land use and zoning district. ❑ Section 11.4.30.010: Landscape and Irrigation Plans — specifies new provisions for preparation and submission of landscape and irrigation plans. ❑ Section 11.4.30.015: Areas to be Landscaped — sets forth standards for areas on a lot to be landscaped. See Table 11.4.30.015.A: Amount of Landscaping Required. ❑ Section 11.4.30.015.B: Street Side and Street Rear Property Line Walls — proposes new standards for landscaped pockets as part of new "Street Side and Street Rear Property Line Walls." ❑ Section 11.4.30.020: General Landscaping Standards — sets forth new landscaping standards regarding landscape design, plant material, and irrigation system requirements. PC Staff Report.05 -05 -10 60 Public Hearing re: "Draft - Me 11: Zoning, February, 2010° Planning Commission Staff Report May 5, 2010 ❑ Section 11.4.30.025: Parking Lot Landscaping Standards — retains existing standards and proposes additional standards for parking lot landscaping in the following areas of concern: . ❑ Section 11.4.30.025.A: Landscape Area Required — requires a minimum of 15 percent of the parking lot area to be landscaped. ❑ Section 11.4.30.025.B: Required Trees — requires minimum size of trees per number of parking spaces. ❑ Section 11.4.30.025.C: Parking Lot Tree Shading — requires that within 15 years after establishment of a parking lot that at least 50 percent of the parking area will be shaded. ❑ Section 11.4.30.025.D: Layout — sets forth specific design standards for parking lot landscaped areas. See Figure 4.30.025.A: Minimum Dimensions of Required Parking Lot Landscaping. ❑ Section 11.4.30.025.E: - Size of Tree Planting Spaces. ❑ Section 11.4.30.025.F: Landscaped Buffer for Open Parking Abutting Public Right -of -Way — requires certain design standards regarding landscape width and /or screen walls where parking areas abut public roads. ❑ Section 11.4.30.025.G:- Landscaped Buffer for Open Parking Abutting Interior Lot Line - requires certain design standards regarding landscape width where parking areas abut an interior lot line. ❑ Section 11.4.30.025.H: Protection of Vegetation — requires specified standards to protect landscape vegetation within parking lots. ❑ Section 11.4.30.030: Required Street Trees — requires street trees to be planted at a ratio of at least 1 tree for each 25 feet of public street frontage. ❑ Section 11.4.30.035: Landscape Installation and Maintenance — provides new standards for timing of installation of landscaping, maintenance, and enforcement. ❑ Section 11.4.30.040: Buffer Yards — establishes new standards for provision of landscaped buffer yards between specified types of development. ❑ Section 11.4.30.040.C: Required Buffer Yards — Minimum Dimensions and Standards — establishes new standards for size and design of required buffer yards. See Table 11.4.30.040.A: Required Buffer Yards and Figure 11.4.30.040.C: Buffer Yards. Establishes additional standards for: ❑ Location; ❑ Landscaping; ❑ Screening Walls; • Uses of Buffer Yards; • Buffer Yard Plan; and ❑ Maintenance. PC Staff Report.05 -05-10 61 Public Hearing re: Draft - Title 11: Zoning, February, 2010° Planning Commission Staff Report May 5, 2010 ❑ Section 11.4.30.045: Water Efficient Landscaping — establishes new standards in compliance with requirements of State law regarding water efficient landscaping. Provisions relate to: ❑ Applicability; ❑ Plant Selection, Water Features, and Use Limitation; ❑ - Soil Conditioning and Mulching; ❑ Irrigation; ❑ Documentation for Compliance; and ❑ Alternative Provisions. ❑ Section 11.4.30.050: Invasive Plant Species — prohibits plant species listed as problematic and /or invasive by the California Native Plant Society, the California Exotic Pest Plant Council, or as may be identified from time to time by the State of California and plant species listed as a "noxious weed" by the State of California or the U.S. Federal Government. ❑ Chapter 11.4.35: Coastal Development Permit - this Chapter is reserved and will be prepared upon approval of the Local Coastal Plan and its Implementing Ordinances by the California Coastal Commission. ❑ Chapter 11.4.40: Nonconforming Uses, Structures, and Lots - this Chapter sets forth current regulations regarding nonconforming uses, structures, and lots. New provisions are proposed to deal with certain non - conformities as a result of the adoption of this Zoning Code. ❑ Section 11.4.40.010: Maintenance and Repair of Nonconforming Structures — maintains current provisions of the Zoning Code regarding maintenance and repair activities. ❑ Section 11.4.40.015: Minor Improvements to Nonconforming Residential Structures - maintains current provisions of the Zoning Code. ❑ Section 11.4.40.020: Structural Alterations or Additions to Single Unit Residences Require a Conditional Use Permit (All Residential Districts) ❑ Section 11.4.40.020.A: Conditionally Permitted Alterations and Additions - maintains current provisions regarding structural alterations or additions to any single unit residence. A Conditional Use Permit would now be required, as the Minor Plan Review process has been eliminated in the new Zoning Code. Also includes new provisions regarding the following additional design requirements that do not need to be met for the existing structure to allow the requested alteration or addition: ❑ Fagade articulation, and ❑ Additional front stepback above 14 feet. PC Staff Report.05 -05-10 62 Public Hearing re: Draft -Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Section 11.4.40.025: Valuation of Improvements - maintains current provisions of the Zoning Code. • Section 11.4.40.030: Nonconforming Multi -Unit Residential and Nonresidential Structures May Not Be Structurally Altered or Expanded; and Exceptions — combines language from several different existing provisions into a single Section. No changes of current Zoning Code provisions are proposed. • Section 11.4.40.035: Changes, Substitutions or Expansions of Nonconforming Uses — establishes new provisions, all of which require Conditional Use Permit approval by the Planning Commission, regarding the following types of non - conforming situations: ❑ Section 11.4.40.035.A: Replacement with a More Conforming Use. ❑ Section 11.4.40.035.B: Expansion Within a Conforming Structure. ❑ Section 11.4.40.035.C: Expansion within a Nonconforming Structure. ❑ Section 11.4.40.035.D: Expansion within a Structure That Does Not Conform to the California Building Code. ❑ Section 11.4.40.040: Conditional Use Permit to Change Nonconforming Status — sets forth new provisions to allow a Conditional Use Permit approval by the Planning Commission for a request to conform a use that became non- conforming upon the adoption of an ordinance that requires a use permit for the previously allowable use. Provides a 1 -year time to submit the application. ❑ Section 11.4.40.045: Abandonment of Nonconforming Uses; Conditional Use Permit for Reestablishment of Abandoned Uses — sets forth new provisions to allow a Conditional Use Permit approval by the Planning Commission for a request to reestablish an abandoned, non - conforming use, in a conforming structure. ❑ Section 11.4.40.050: Restoration of Damaged Nonconforming Uses and Structures — generally maintains current provisions of the Zoning Code. Specific amendments are discussed and highlighted. ❑ Section 11.4.40.050.A: Damage Equal to or Less than 50 Percent — retains current provisions of the Zoning Code. ❑ Section 11.4.40.050.B: Residential Structure — Damage Greater than 50 Percent — retains current provisions of Zoning Code. ❑ Section 11.4.40.050.0: Administrative Use Permit; Non - Residential Structure Damaged More then 50 Percent - retains current provisions of Zoning Code. ❑ Section 11.4.40.050.D: Director and Building Official Review — Legality of Existing Improvements - retains current provisions of the Zoning Code. PC Staff Report.05 -05-10 63 Public Hearing re: `Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Section 11.4.40.050.E: Alternate Procedures After a Natural Disaster — sets forth new provisions regarding the authority of the City Council to adopt alternative procedures for the approval of the reconstruction of nonconforming structures damaged by a natural disaster. See also Part I: General Provisions; Section 11.1.05.020: Application During Local Emergency. ❑ Section 11.4.40.050.F: Reassessment Procedure - retains current provisions of the Zoning Code. ❑ Section 11.4.40.055: Nonconforming Historic Buildings - maintains current provisions of the Zoning Code. ❑ Section 11.4.40.060: Nonconforming Use of Land Where No Structure Involved- maintains current provisions of the Zoning Code. ❑ Section 11.4.40.065: Nonconforming Lots - maintains current provisions of the Zoning Code. See also Table 11.4.40.065: Minimum Legal Area and Dimensions of Lots of Record. ❑ Chapter 11:4.45: Transportation Demand Management - this Chapter sets forth current regulations regarding Transportation Demand Management. No changes to the current provisions of the Zoning Code are proposed. ❑ Chapter 11.4.50: Adult Businesses — this Chapter sets forth regulations regarding adult businesses. Provisions that are proposed that are in full compliance with Federal court decisions regarding this land use. ❑ Chapter 11.4.55: Affordable Housing Bonus - this Chapter sets forth current regulations regarding affordable housing bonus provisions in accordance with the provisions of State law. ❑ Chapter 11.4.60: Hazardous Waste Facilities - this Chapter sets forth current regulations regarding hazardous waste facilities that are in compliance with a county -wide management program for such facilities. No changes to the current provisions of the Zoning Code are proposed. ❑ Chapter 11.4.65: Tattoo Establishments - this Chapter sets forth current regulations regarding tattoo establishments. No changes to the current provisions of the Zoning Code are proposed. ❑ Chapter 11.4.70: Wireless Telecommunications Facilities - this Chapter sets forth regulations regarding wireless telecommunications facilities that are in compliance with both Federal and State regulations regarding this land use. PC Staff Report.05 -05-10 64 Public Hearing re: "Draft - Title 11: Zoning, February, 2010° Planning Commission Staff Report May 5, 2010- ❑ Chapter 11.4.75: Common Interest Developments - this Chapter sets forth regulations regarding common interest developments. No changes to the current provisions of the Zoning Code are proposed. ❑ Chapter 11.4.80: Condominium Conversions - this Chapter sets forth current regulations regarding condominium conversions. Minor changes to the current provisions of the Zoning Code are proposed to conform to State law requirements. ❑ Chapter 11.4.85: Use Classifications - this Chapter sets forth new provisions that generally describe types of land uses for the following use classifications that are referred to throughout the proposed Zoning Code: ❑ Section 11.4.86.015: Residential Use Classifications. ❑ Section 11.4.85.020: Public, Semipublic and Service Use Classifications. ❑ Section 11.4.85.025: Commercial Use Classifications. ❑ Section 11.4.85.030: Industrial Use Classifications. ❑ Section 11.4.85.035: Transportation, Communication,' and Utilities Use Classifications. ❑ Section 11.4.85.040: Agriculture Use Classifications. PART V.• LAND USE AND ZONING DECISIONS: ❑ Chapter 11.5.05: Review Authority - Sets forth both permit approval requirements and responsibilities for the City Council, Planning Commission, Director of Development Services, and City Building Official. ❑ Section 11.5.05.005: City Council — sets forth responsibilities of the City Council regarding zoning and land use development approvals. ❑ Section 11.5.05.010: Planning Commission — sets forth responsibilities of the Planning Commission regarding zoning and land use development approvals. ❑ Section 11.5.05.015: Director of Development Services — sets forth responsibilities of the Director of Development Services regarding zoning and land use development approvals. ❑ Section 11.5.05.020: City Building Official — sets forth responsibilities of the City Building Official regarding zoning and land use development approvals. ❑ Section 11.5.05.025: Review Authority — sets forth the review authority regarding zoning and land use development approvals. See Table 11.5.05.025: Review Authority, which identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by this Zoning Code. PC Staff Report.05 -05 -10 65 Public Hearing re: Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ 'Chapter 11.5.10: General Procedures — Sets forth general procedures for processing applications for a change in land use entitlements or development project approvals. Generally reflects current provisions of the Zoning Code, with some revisions based on previous City Council and Planning Commission direction. The major procedural change encompassed within the proposed Zoning Code is the "Administrative Use Permit" process, which does not currently exist, but generally replaces the current "Minor Plan Review' and "Height Variation" processes and changes the approving body from the Planning Commission to the Director ' of Development Services. ❑ Section 11.5.10.025: Public Notification — sets forth public notice requirements regarding discretionary zoning and land use development approvals. ❑ Section 11.5.10.025.A: Mailed Notices, Administrative Use Permit Matters — requires notice of the subject matter to be mailed to all property owners of record and building occupants within a 300 -foot radius of the proposed project. This notice requirement is the current requirement for Public Hearing Notices. ❑ Section 11.5.10.025.6: Mailed Notices, Public Hearing Matters — requires notice of the subject matter to be mailed to all property owners of record and building occupants within a'500-foot radius of the proposed project. This notice requirement is increased over the current requirement for Public Hearing Notices of 300 feet. ❑ Section 11.5.10.055: Expiration and Extension — Establishes procedures for the expiration of land use entitlements and granting extensions of land use entitlements. ❑ Section 11.5.10.060: Revocation of Permits — Establishes procedures for the City to consider a revocation of a permit for violation of permit terms and /or conditions, or any law or ordinance of the City. ❑ Chapter 11.5.15: Legislative Actions — Sets forth general procedures for processing applications for a "legislative action ", such as adoption or amendment of a General Plan or General Plan Element, adoption or amendment of a Specific Plan, adoption or amendment of a Planned Development Plan, adoption or amendment of the Zoning Code or Zoning Map, and adoption or amendment of a Development Agreement. Generally reflects current provisions of the Zoning Code, with some revisions based on previous City Council and Planning Commission direction. Combines general process and procedural requirements from various sections of the current Zoning Code into a single Chapter to improve clarity of the document. PC Staff Report.05 -05 -10 66 Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Section 11.5.15.005: General Plan, Specific Plans, Planned Development Plans, Zone Changes and Development Agreements — specifies adoption requirements, initiation procedures and annual review requirements, when applicable. ❑ Section 11.5.15.010: Specific Procedure for Processing Applications — sets forth procedures for processing applications and coordinating multiple applications. ❑ Section 11.5.15.015: Public- Notice — sets forth additional notice requirements above those required in Chapter 5.10. ❑ Section 11.5.15.020: Public Hearing and Action — sets forth required public hearing actions of the Planning Commission and City Council. ❑ Section 11.5.15.035: Additional Requirements for Development Agreements — sets forth additional provisions regarding Development Agreements that are in compliance with provisions of State law. ❑ Section 11.5.15.040: Additional Requirements for Adopting Specific Plans — sets forth additional provisions regarding Specific Plans. ❑ Chapter 11.5.20: Development Permits — Sets forth general procedures for processing applications for administrative use permits, conditional use permits, and variances. Generally reflects current provisions of the Zoning Code, with some revisions based on previous City Council and Planning Commission direction. This chapter incorporates the major procedural change encompassed within the proposed Zoning Code: the initiation of an "Administrative Use Permit' process, which does not currently exist, but generally replaces the current "Minor Plan RevieW' and "Height Variation" processes and changes the approving body from the Planning Commission to the Director of Development Services. Combines general process and procedural requirements from various sections of the current Zoning Code into a single Chapter to improve clarity of the document. ❑ Section 11.5.20.005: Administrative Use Permits, Conditional Use Permits and Variances — sets forth the appropriate approving body for these types of land use entitlements. ❑ Section 11.5.20.010: Review Authority — references the tables in Part II that set forth the use types that are permitted by right, permitted by right with specified limitations, or require Administrative or Conditional Use Permit approvals. In addition, Table 5.20.010: Review Authority fists the types of land use entitlements that require either an Administrative Use Permit or a Conditional Use Permit. The Planning Commission shall consider all variance applications. PC Staff Report.05 -05-10 67 Public Hearing re: "Draft - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 ❑ Section 11.5.20.015: Review Procedure — sets forth provisions regarding application forms and fees, notice, and decisions on Administrative Use permits and Conditional Use Permits. ❑ Section. 11.5.20.015.C: Decisions on Administrative Use Permits — sets forth provisions regarding notification of Director Determinations to both the Planning Commission and City Council. ❑ Section 11.5.20.020: Required Findings — sets forth the required -findings for use permits and variances that must be made by the approving body to grant such requests. ❑ Section 11.5.20.025: Conditions of Approval — provides guidance on the purpose of imposing conditions and the types to conditions that can be considered by the approving body. ❑ Section 11.5.20.030: Appeals; Expiration and Extensions — sets forth the procedures for filing appeals of the decision of the approving body. ❑ Chapter 11.5.25: Director Determinations — Sets forth general procedures for determinations by the Director of Development Services. Generally reflects current provisions of the Zoning Code, with some revisions based on previous City Council and Planning Commission direction. This chapter combines general process and procedural requirements from various sections of the current Zoning Code into a single Chapter to improve clarity of the document. ❑ Section 11.5.25.010: Zoning Conformance Review Procedures — sets forth the procedures and findings for the Director to determine zoning conformance for applications for business licenses, building permit, or other land use entitlements. Sets forth required findings and procedure for providing the necessary written determination of zoning conformance. ❑ Section 11.5.25.015: Temporary Uses — sets forth specified temporary uses that require an Administrative Use Permit approval by the Director, and those temporary uses that do not require such an approval. Also sets forth application requirements, minimum conditions to be applicable, and the imposition of additional reasonable conditions that may be imposed by the Director. ❑ Section 11.5.25.020: Minor Modifications — sets forth provisions regarding Director and Planning Commission authority to grant minor modifications from the strict application of Zoning Code requirements for specified situations and from specified dimensional requirements. ❑ Section 11.5.25.020.A.1: Dimensional Requirements — new-provisions that specify the types of dimensional modifications that can be considered; and only up to 5% of the dimensional requirement. Requests for greater PC Staff Report.05 -05 -10 68 Public Hearing re: Draft - TWe 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 modifications would require a Variance approval by the Planning Commission. ❑ Section 11.5.25.020.A.2: Modifications to Approved Plans — new provisions that specify the types of minor modifications to approved plans that can be considered; and only up to 5% of the specified requirement. Requests for greater modification would require a Variance approval by the Planning Commission. ❑ Section 11.5.25.020.D: Director Determinations — provides that the Director may grant relief from the dimensional requirements of this Zoning Code not to exceed 5 percent of the requirement by Administrative Use Permit. Please note that this provision only applies to the Zoning Code, not to Title 10: Subdivisions. ❑ Section 11.5.25.020.E: Referral of Applications to Planning Commission — sets forth provisions whereby the Director may refer requests for minor modifications to the Planning Commission for consideration under the Conditional Use Permit process. ❑ Section 11.5.25.020.F: Findings — sets forth the additional required findings to be made in granting a request for minor modification. ❑ Section 11.5.25.025: Appeals — provides an appeal process for both Director and Planning Commission determinations /decisions. ❑ Chapter 11.5.30: Reasonable Accommodations — Sets forth general procedures the City will use regarding Planning Commission authority to grant reasonable accommodation requests in accordance with Federal and State fair housing laws. ❑ Section 11.5.30.010: Review Authority —establishes the Planning Commission as the approving body for applications for reasonable accommodation. ❑ Section 11.5.30.020: Decision — requires the Planning Commission to issue a written determination. ❑ Section 11.5.30.020.B: Required Findings — sets forth required findings the Planning Commission must make to approve a request for reasonable accommodation. ❑ Section 11.5.30.020.C: Alternative Reasonable Accommodations — provides that the Planning Commission may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. ❑ Section 11.5.30.020.D: Consideration Factors — establishes factors for the Planning Commission to consider for a request for reasonable accommodation. ❑ Section 11.5.30.020.E: Consideration Factors — Fundamental Alteration to Zoning Program — establishes factors for the Planning Commission to PC Staff Report.05-05 -10 69 Public Hearing re: °Draft. - Title 11: Zoning, February, 2010" Planning Commission Staff Report May 5, 2010 consider for a request for reasonable accommodation regarding a fundamental alteration to the zoning program of the City. ❑ Section 11.5.30.020.F: Coastal Zone Properties — sets forth additional considerations regarding properties located in the coastal zone. - ❑ Section 11.5.30.025: Expiration, Time Extension, Violation, Discontinuance, . and Revocation — sets forth provisions regarding reasonable accommodations requests and the subject areas of concern: ❑ Section 11.5.30.030: Amendments — sets forth provisions regarding requests for amendments to approved reasonable accommodation requests. ❑ Chapter 11.5.35: Environmental Review — Sets forth general procedures the City will use for conducting environmental review to meet requirements of the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and other relevant and applicable federal, state, and local environmental laws and regulations for projects subject to the provisions of this Zoning Code. ❑ Section 11.5.35.010: Review Procedures — sets forth the review procedures for evaluation, preparation, public review, reviewing body responsibilities, and .determinations regarding all environmental review documents. These provisions are in compliance with the California Environmental Quality Act (CEQA). ❑ Section 11.5.35.015: Mitigation Monitoring Program = sets forth the requirements for preparation, approval, and enforcement of mitigation monitoring plans. These provisions are in compliance with the California Environmental Quality Act (CEQA). ❑ Section 11.5.35.020: Appeals — provides an appeal process for both Director and Planning Commission determinations /decisions: PART VI., TERMS AND DEFINITIONS: ❑ Section 11.6.05.010: Definition of Specialized Terms and Phrases — sets forth the definition of terms and specialized phrases utilized in the Zoning Code. Additional definitions are also provided for terms and specialized phrases in the following Chapters of the Zoning Code: ❑ Chapter 11.4.10: General Site Standards: O Section 11.4.10.020.B: Noise ❑ Section 11.4.10.025: Recycling and Solid Waste Facilities ❑ Chapter 11.4.45: Transportation Demand Management; ❑ Chapter 11.4.60: Hazardous Waste Facilities; ❑ Chapter 11.4.65: Tattoo Establishments; and ❑ Chapter 11.4.70: Wireless Telecommunications Facilities. PC Staff Report.05 -05 -10 70 ATTACHMENT 7 PLANNING COMMISSION MINUTES, MAY 5, 2010 1 CITY OF SEAL BEACH 2 PLANNING COMMISSION 3 4 Minutes of May 5, 2010 5 6 7 Chairperson Deaton called the regularly scheduled meeting of the Planning 8 Commission to order at 7:30 p.m. on Wednesday, May 5, 2010. The meeting was held 9 in the City Council Chambers and began with the Salute to the Flag.' 10 11 ROLL CALL 12 13 Present: Chairperson Deaton, Commissioners Bello, and Massa - Lavitt. 14 15 Also 16 Present: Department of Development Services 17 Mark Persico, Director of Development Services 18 Jerry Olivera, Senior Planner 19 Steven Flower, Assistant City Attorney 20 21 Absent: None 22 23 Mr. Persico reported that Commissioner Galbreath would be arriving to tonight's 24 meeting between 8:00 - 8:30 p.m. 25 26 ORAL COMMUNICATIONS 27 28 Chairperson Deaton opened oral communications. 29 30 Joyce Parque questioned why members of other ad hoc committees are not required to 31 undergo the ethics training, and whether an appointee that is asked to resign can 32 continue to serve on the committee. Mr. Flower clarified that tonight's training session 33 relates to Land Use Law. He noted that the AB 1234 Ethics Training will take place on 34 May 10, 2010, for City Council, the Planning Commission, and Staff members who must 35 file Form 700, "Disclosure of Financial Interest." He noted that AB 1234 does not speak 36 to who must attend this training. With regard to committee members who are asked to 37 resign, Mr. Flower indicated that this action would require agreement of the full Council, 38 otherwise the appointee would continue to serve for the extent of his or her term. 39 40 Mr. Persico introduced the new Director of Public Works, Sean Crumby. 41 42 There being no one else wishing to speak, Chairperson Deaton closed oral 43 communications. 44 1 These Minutes were transcribed from audiotape of the meeting. 1 of 9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 AGENDA APPROVAL Chairperson Deaton requested that Item No. 2 be removed from the Consent Calendar for further discussion. MOTION by Massa - Lavitt; SECOND by Bello to approve the Agenda as amended. MOTION CARRIED: 3-0-1 AYES: Deaton, Bello, and Massa - Lavitt NOES: None ABSENT: Galbreath CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of April 21, 2010. MOTION by Bello; SECOND by Massa - Lavitt to approve the Consent Calendar as amended. MOTION CARRIED: 3-0-1 AYES: Deaton, Bello, and Massa - Lavitt NOES: None ABSENT: Galbreath 2. Minor Plan Review 10 -7 139-7 th Street Applicant/Owner: Michael & Jenny McLean Request: To add an uncovered outdoor deck over the garage of an existing, nonconforming duplex property. The property is nonconforming because it exceeds the density requirement, has a nonconforming front yard setback, and has a third story on a 25 -ft. wide lot, even though the third story does not exceed the 25 -ft. 0 -in. height limit. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -20. Staff Report Mr. Olivera delivered the staff report. He provided information on this item and indicated that Staff received a letter in opposition from an adjacent neighbor expressing concerns with potential noise. 2 of 9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 Chairperson Deaton requested a motion to continue this item to a future date when the applicant could be present. MOTION by Bello; SECOND by Massa - Lavitt to continue Minor Plan Review 10 -7 to the Planning Commission meeting of May 19, 2010. MOTION CARRIED: 3-0-1 AYES: Deaton, Bello, and Massa - Lavitt NOES: None ABSENT: Galbreath SCHEDULED MATTERS 3. Adoption of Resolution 10 -23 honoring John Larson for his service to the City of Seal Beach as a Planning Commissioner and City Councilmember. MOTION. by Massa - Lavitt; SECOND by Bello to adopt Resolution 10 -23 as presented. MOTION CARRIED: 3-0-1 AYES: Deaton, Bello, and Massa - Lavitt NOES: None ABSENT: Galbreath PUBLIC HEARINGS 4. Conditional Use Permit 09-4 (Indefinite Extension) 148 -E Main Street (Beach Fitness) Applicant/Owner: Bryce Turner & Barbara Bartee / Ken Trossen, LST Investments Request: Indefinite Extension of Conditional Use Permit 09 -4 allowing the expansion of the existing business into an adjacent lease space within the Main Street Specific Plan (MSSP) Zone. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -19. Staff Report Mr. Olivera delivered the staff report. He provided information on this item and noted that in response to concerns from a nearby resident over parking and noise associated with Beach Fitness, Staff had imposed conditions on the initial approval of Conditional Use Permit 09-4. Staff has included additional conditions to this application to help address ongoing concerns with noise and parking, and recommends approval of CUP 3of9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 09 -4. Mr. Olivera noted that Staff has received twenty -three letters in support of this application. Public Hearinq Chairperson Deaton opened the public hearing. Barbara Bartee, owner of Beach Fitness, requested approval of CUP 09-4. Commissioner Bello inquired about the trainers "shouting" instructions while conducting training. Ms. Bartee stated that training does not take place outside and doors are always kept closed during business hours. The following individuals spoke in support of Conditional Use Permit 09 -4: Joseph Altspeli Jim Juno Karen Miller Darren Smith Seth Eaker There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Mr. Flower noted for the record that Commissioner Galbreath had arrived. Commissioner Comments None. Mr. Flower advised that due to his Iate arrival during this public hearing, Commissioner Galbreath should abstain from voting on this item. MOTION by Massa - Lavitt; SECOND by Bello to approve the Indefinite Extension of Conditional Use Permit 09-4, subject to conditions, and adopt Resolution 10 -19 as presented. MOTION CARRIED: 3-0-0-1 AYES: Deaton, Bello, and Massa - Lavitt NOES: None ABSENT: None ABSTAIN: Galbreath Mr. Flower advised that the adoption of Resolution No. 10 -19 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 5. .Title 11: Zoning Code Citywide Applicant/Owner: City of Seal Beach 4of9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 r 2 Request: To recommend adoption of a comprehensive revision and 3 update to the City Zoning Code. The comprehensive 4 revision will replace the entire current Zoning Code, Chapter 5 28 of the Seal Beach Municipal Code, with a new Title 11, 6 Zoning Code. 7 8 The proposed Title 11, Zoning, does not change standards 9 for basic lot size, density and building intensity, setback, lot 10 coverage, height, parking, and sign regulations of the current 11 Zoning Code. There are minor changes to allowable and 12 discretionary land uses within the City, such as news stands, 13 kiosks, artist's studios, catering services, and 14 handicraft/custom manufacturing uses. New provisions 15 related to a number of design related issues are proposed, 16 such as porches, additional building stepbacks for structures 17 more than 14 feet high, use of compatible material and 18 design elements for building additions, and other design and 19 aesthetic matters of concern to the City. In addition an 20 "Administrative Use Permit" approval process is proposed 21 which would allow the Director of Development Services to 22 review and approve several types of discretionary land use 23 approvals that are currently reviewed and approved by the 24 Planning Commission. 25 26 Document City of Seal Beach website, www.ci.sealbeach.ca.us 27 Availability: Under the "Headlines" section click on "2010 Zoning Code 28 Update" to review Negative Declaration 2010 -1, the 29 complete proposed Title 11, Zoning Code, zoning maps, and 30 other information documents regarding this important 31 program. 32 33 Recommendation: Approval, subject to conditions, and adoption of Resolution 34 10 -22. 35 36 At 8:05 p.m. Chairperson Deaton requested a 5- minute recess. 37 38 The meeting reconvened at 8:10 p.m. 39 40 Staff Report 41 42 Mr. Whittenberg delivered the staff report. He provided a brief presentation on the 43 proposed revisions to the Title 11: Zoning Code and reviewed the comments received 44 at the recently conducted community meetings and the joint City Council and Planning 45 Commission meeting. 46 6 of 9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 1 Commissioner Comments 2 3 Chairperson Deaton asked if Attachment A is proposed for inclusion in Title 11: Zoning 4 Code. Mr. Whittenberg stated that Attachment A provides guidelines for placement of 5 A -Frame signs on private property. Mr. Persico indicated that Attachment A will not be 6 codified and the guidelines are not specific to Main Street. 7 8 Public Hearing 9 10 Chairperson Deaton opened the public hearing. 11 12 Seth Eaker congratulated Staff and all the stakeholders for the helping with the 13 execution of this process. He then indicated that the business community is looking 14 forward to participating with the proposed review of the Main Street Specific Plan 15 (MSSP). He then referred to Page 24 of the Staff Report Item 23, Subsection a. and 16 noted that A -Frame signs would be very useful for business that are set back further 17 than 10 feet from the public right -of -way. He commented that the proposed A -Frame 18 Guidelines would provide flexibility. 19 20 Joyce Parque stated that notice should be provided to residents when wireless 21 telecommunications towers are to be installed in their neighborhood. Mr. Flower stated 22 that the City has the authority to regulate wireless telecommunications facilities on 23 private property and the public right -of -way. Mr. Olivera noted that in the case of private 24 property as long as the wireless facility complies with development standards for the 25 zone, Staff has allowed the installation after having issued the appropriate building 26 permits. Mr. Flower added that to the extent that these types of facilities comply with 27 FCC standards, the City cannot regulate them with regard to radio emissions. Ms. 28 Parque then recommended that newspaper racks be removed from Main Street. She 29 then asked what the required open space would be on a 25 x 117 -ft. lot. Mr. 30 Whittenberg reported that for the RHD -20 District the open space requirement would be 31 225 sq. ft., with a minimum 90 sq. ft. in a single area on the ground floor level. 32 33 There being no one else wishing to speak, Chairperson Deaton closed the public 34 hearing. 35 36 Chairperson Deaton stated that all wireless telecommunications facilities should be 37 subject to a Conditional Use Permit. Commissioner Massa - Lavitt stated that when a 38 facility is on the public right -of -way, the City should have complete discretion to approve 39 or not approve. Mr. Whittenberg noted that these would be subject to an Administrative 40 Use Permit with notice provided to residents within 300 feet of the facility, but if the 41 Commission prefers all facilities could be made subject to a Conditional Use Permit. 42 43 MOTION by Deaton; SECOND by Bello to amend the February 2010 Draft Title 11: 44 Zoning to require a Conditional Use Permit for all wireless facilities. 45 46 MOTION CARRIED: 4 — 0 — 0 6 of 9 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 1 AYES: Deaton, Bello, Galbreath, and Massa -Lavitt 2 NOES: None 3 ABSENT: None 4 5 Commissioner Massa - Lavitt then inquired about the requirement for approval of a 6 Conditional Use Permit for a massage or spa use. Mr. Flower noted that this has been 7 recommended to go along with the provisions for state licensing for massage uses. 8 9 Commissioner Massa - Lavitt stated that for better visibility Main Street businesses 10 located on the rear portion of the lots should be allowed to place A -frame signs out 11 front, if their door is farther than 10 to 20 feet from the public right -of -way. Mr. 12 Whittenberg questioned the potential for clutter if several business owners placed their 13 14 Chairperson Deaton stated that the issue of A -frame signs in the public right -of -way 15 should be referred to the Main Street Specific Plan (MSSP) Committee. Commissioner 16 Massa - Lavitt agreed that future discussions would have to take place with Main Street 17 business owners and the community. 18 19 MOTION by Massa - Lavitt; SECOND by Bello to approve Revisions to the February 20 2010 Draft Title 11: Zoning as presented in Attachment 1 of the Staff Report dated May 21 5, 2010. 22 23 MOTION CARRIED: 4 — 0 — 0 24 AYES: Deaton, Bello, Galbreath, and Massa -Lavitt 25 NOES: None 26 ABSENT: None 27 28 MOTION by Bello; SECOND by Massa - Lavitt to approve Revisions to the February 29 2010 Draft Title 11: Zoning as presented in the Staff Memorandum dated May 5, 2010. 30 31 MOTION CARRIED: 4 — 0 — 0 32 AYES: Deaton, Bello, Galbreath, and Massa -Lavitt 33 NOES: None 34 ABSENT: None 35 36 MOTION by Massa - Lavitt; SECOND by Bello to adopt Resolution 10 -22 recommending 37 approval of Title 11: Zoning and Exhibit A as amended. 38 39 MOTION CARRIED: 4 — 0 — 0 40 AYES: Deaton, Bello, Galbreath, and Massa -Lavitt 41 NOES: None 42 ABSENT: None 43 44 Mr. Flower advised that the Title 11: Zoning will now be forwarded to City Council for 45 consideration and final action, along with final action on Negative Declaration 2010 -1. 46 7of9 Cky of Seal Beach Planning Commission Meeting Minutes of May 5, 20 10 Chairperson Deaton then requested that Item No. 6 be rescheduled for another day. Mr. Flower recommended that this item be continued indefinitely. MOTION by Galbreath; SECOND by Massa - Lavitt to indefinitely continue Planning Commission Training Session — Part II. MOTION CARRIED: 4 — 0 — 0 AYES: Deaton, Bello, Galbreath, and Massa -Lavitt NOES: None ABSENT: None DIRECTOR'S REPORT Mr. Persico provided information on the following items. 1. AB 1234 Ethics Training Session — Monday, May 10, 2010, 4:00 - 6:00 p.m. 2. Building Division Open House — Monday, May 10, 2010, 5:00 — 7:00 p.m. 3. Lane striping to be done before the end of June at intersection of Pansy Street and Guava Avenue in College Park East COMMISSION CONCERNS Commissioner Bello stated she would miss Commissioner Larson. Chairperson Deaton and Commissioner Galbreath agreed that Mr. Larson would be missed. Commissioner Galbreath noted that he would not be present at the Planning Commission meeting of May 19, 2010. Chairperson Deaton recommended cancelling the May 19th meeting. MOTION by Bello; SECOND by Galbreath to cancel.the Planning Commission meeting of May 19, 2010. MOTION CARRIED: 4 — 0 — 0 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: None ADJOURNMENT Chairperson Deaton adjourned the meeting at 9:31 p.m. to the scheduled meeting of June 2, 2010. 8 of 9 1 2 3 4 5 6 7 8 9 10 11 12 City of Seal Beach Planning Commission Meeting Minutes of May 5, 2010 Respectfully Submitted, Carmen Alvarez, Executive Assistant Planning Department /_1:] :j ,-To VIA I The Commission on June 2, 2010, approved the Minutes of the Planning Commission Meeting of Wednesday, May 5, 2010.. 9of9 ATTACHMENT 8 PLANNING COMMISSION RESOLUTION NUMBER 10 -25, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 10 -2, AN AMENDMENT TO THE SEAL BEACH ZONING MAP TO BE CONSISTENT WITH RECOMMENDED TITLE 11, ZONING, ADOPTED JUNE 2, 2010 RESOLUTION NUMBER 10 -25 q/ L A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 10 -2, AMENDING THE SEAL BEACH ZONING MAP TO BE CONSISTENT WITH RECOMMENDED 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. 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. At the conclusion of the May 5, 2010 Planning Commission public hearing the Planning Commission adopted Resolution 10 -22, recommending adoption of proposed Title 11, Zoning, with revisions. Section 7. A noticed public hearing was held by the Planning Commission on June 2, 2010 to consider Zone Change 10 -2, amending the Seal Beach Zoning Map to be consistent with recommended Title 11, Zoning. 1 of 2 Planning Commission Resolution No. 10 -25 Zone Change 10 -2 New Title 11(Zoning Code) Related Zoning Map Changes June Z 2010 Section 8. At said public hearing there was oral and written testimony and evidence received by the Planning Commission. Section 9. Based upon the facts contained in the record, including those stated in Section 1 through Section 8 of this resolution and pursuant to §§ 28 -2600 of the City's Code, the Planning Commission makes the following findings: (a) The proposed adoption of a new Zoning Map for the City of Seal Beach will ensure that the Zoning Map Zoning District designations will be consistent with the new Zoning District names in Title 11, Zoning. (b) The residential area of "Old Town" bounded by Pacific Coast Highway, the Ir Street Alley, Electric Avenue, and the 12th /13th Street Alley is currently in the "Residential Medium Density — District I" zone and is proposed to be placed in the "RHD -20" Zoning District, to be consistent with the zoning for the majority of "Old Town." No other changes to current zoning designations of property are proposed. Section 10. Based on the foregoing Sections 1 through 9, the Planning Commission hereby recommends that the City Council approve Zone Change 10 -2 which will adopt "Seal Beach Zoning Map, June 2010," on file in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 2nd day of June 2010 by the following vote: AYES: Commissioners Deaton, Bello, Galbreath, and Massa- Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Mark Peril, A1CP Secretary, Planning Commission 2 of 2 Ellery Deaton Chairperson, Planning Commission ATTACHMENT 9 PLANNING COMMISSION STAFF REPORT, JUNE 2, 2010 June 2, 2010 STAFF REPORT To: Chairman and Members of the Planning Commission From: Mark Persico, AICP Director of Development Services Subject: PUBLIC HEARING — ZONE CHANGE 10 -2 — NEW TITLE 11 (ZONING CODE) RELATED ZONING MAP CHANGES SUMMARY OF REQUEST: Conduct Public Hearing by receiving Staff Report, public comments and Commission discussion; consider the proposed "Seal Beach Zoning Map, June 2010" and public comments. Close or continue the public hearing. Upon concluding the public hearing, Adopt Resolution Number 10 -25, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of Zone Change 10 -2, Amending the Seal Beach Zoning Map to be Consistent with Recommended Title 11, Zoning. (Please refer to Attachment 1 to review the Resolution). BACKGROUND: This public hearing is to receive public testimony regarding the consideration of Zone Change 10 -2, which will adopt a new Zoning Map for the City of Seal Beach that is consistent with the new Zoning District names in Title 11, Zoning. Overview of Proposed Zone Change to Property: In addition, the residential area of "Old Town" bounded by Pack Coast Highway, the 17th Street Alley, Electric Avenue, and the 12th /13th Street Alley is currently in the "Residential Medium Density — District I" zone and is proposed to be placed in the "RHD -20" Zoning District, to be consistent with the zoning for the majority of "Old Town." No other changes to current zoning designations of property are proposed. The only major difference in the regulations between the current RMD, District I and the proposed RHD -20 District is the base density, which currently is 17.43 units per acre and is \ \Sbnas \Users \Iwhittenberg\My Documents\Zoning Code Revisions \Seal Beach Revisions\2010 Comprehensive Update\PC Staff Report. 06- 02- 10.doc Public Hearing re: Zone Change 10 -2 — New Title 11 (Zoning Code) - Related Zoning Map Changes Planning Commission Staff Report June 2, 2010 proposed to be 20 units per acre. However, the minimum lot size in either district is currently 2,500 square feet and is proposed to remain at 2,500 square feet. Effectively only 1 unit per lot can be developed, and with the minimum lot size of 2,500 square feet, the density within this area could not increase unless a contiguous area of at least 17,500 square feet, or at least 7 contiguous 2,500 square foot lots, were to be developed concurrently with new development. Overview of Zoning District Classification Changes: Provided below is a comparison of the "Zoning District Names" for Chapter 28 (current zoning code) and for Title 11 (recommended zoning code): Current Zoning (Chapter 28) District Designation Recommended Zoning (Title 11) District Designation Chapter 28 Residential Density Title 11 Residential Density RLD - 5000 1 unit per 5,000 s . ft. RLD - 9 9 units per acre RLD - 3000 1 unit per 3,000 s . ft. RLD -15 15 units per acre RMD I unit per 2,500 s . ft. RMD - 18 18 units per acre RHD — District I I unit per 2,178 s . ft. RHD — 20 20 units per acre RHD — District II 1 unit per 1,350 s . ft. RHD — 33 33 units per acre . RHD — District VI I unit per 950 s . ft. RHD — 46 46 units per acre RC-0 RC-0 PUD PUD L -C /RMD L -C /RMD C -O P -O MSSP MSSP C -1 SC C -2 GC M -1 LM O -E OE R -G RG PLU /R PS,OS -PR or OS -N UP UP S -P SPR SPR MIL (Military) BEA Beach CZ Coastal Zone PC Staff Report.06 -02 -10 2 Public Hearing re: Zone Change 10 -2 — New Title 11 (Zoning Code) - Related Zoning Map Changes Planning Commission Staff Report June 2, 2010 DOCUMENT AVAILABILITY: Access the City of Seal Beach website, www.ci.sea[beach.ca.us and go to the "Headlines" section and click on the "2010 Zoning Code Update" to review the proposed Title 11 Zoning Code, Negative Declaration 2010 -1, zoning maps, and all other information documents regarding this matter. RECOMMENDATION: Conduct Public Hearing by receiving Staff Report, public comments and Commission discussion; consider the proposed "Zoning Map, June 2010" and public comments. Close or continue the public hearing. Upon concluding the public hearing, Adopt Resolution Number 10 -25, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of Zone Change 10 -2, Amending the Seal Beach Zoning Map to be Consistent with Recommended Title 11, Zoning. (Please refer to Attachment 1 to review the Resolution). Mark Persico, AICP Director of Development Services Attachments: (3) Attachment 1: Resolution Number 10 -25, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of Zone Change 10 -2, Amending the Seal Beach Zoning Map to be Consistent with Recommended Title 11, Zoning Attachment 2: Exhibit A — Proposed Zone Change from RMD, District I to RH D -20 Attachment 3: Proposed Seal Beach Zoning Map, June 2010 PC Staff Report.06 -02 -10 3 Public Hearing re: Zone Change 10 -2 — New Title 11 (Zoning Code) - Related Zoning Map Changes Planning Commission Staff Report June Z 2010 Page Intentionally Left Blank PC Staff Report.06 -02 -10 Public Hearing re: Zone Change 10 -2 — New Title 11 (Zoning Code) - Related Zoning Map Changes Planning Commission Staff Report June 2, 2010 ATTACHMENT 1 RESOLUTION NUMBER 10 -25, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 10 -2, AMENDING THE SEAL BEACH ZONING MAP TO BE CONSISTENT WITH RECOMMENDED TITLE 11, ZONING PC Staff Report.06 -02 -10 5 Public Hearing re: Zone Change 10 -2 — New Title 11 (Zoning Code) - Related Zoning Map Changes Planning Commission Staff Report June Z 2010 Page Intentionally Left Blank PC Staff Report.06-02 -10 Public Hearing re: Zone Change 10 -2 — New Title 11 (Zoning Code) - Related Zoning Map Changes Planning Commission Staff Report June 2, 2010 RESOLUTION NUMBER 10 -25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 10 -2, AMENDING THE SEAL BEACH ZONING MAP TO BE CONSISTENT WITH RECOMMENDED 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. 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. PC Staff Report.06 -02 -10 7 Public Hearing re: Zone Change 10 -2 — New Title 11 (Zoning Code) - Related Zoning Map Changes Planning Commission Staff Report June 2, 2010 Section 6. At the conclusion of the May 5, 2010 Planning Commission public hearing the Planning Commission adopted Resolution 10 -22, recommending adoption of proposed Title 11, Zoning, with revisions. Section 7. A noticed public hearing was held by the Planning Commission on June 2, 2010 to consider Zone Change 10 -2, amending the Seal Beach Zoning Map to be consistent with recommended Title 11, Zoning. Section 8. At said public hearing there was oral and written testimony and evidence received by the Planning Commission. Section 9. Based upon the facts contained in the record, including those stated in Section 1 through Section 8 of this resolution and pursuant to §§ 28- 2600 of the City's Code, the Planning Commission makes the following findings: A. The proposed adoption of a new Zoning Map for the City of Seal Beach will ensure that the Zoning Map Zoning District designations will be consistent with the new Zoning District names in Title 11, Zoning. B. The residential area of "Old Town" bounded by Pacific Coast Highway, the 17th Street Alley, Electric Avenue, and the 12th /13th Street Alley is currently in the "Residential Medium Density — District I" zone and is proposed to be placed in the "RHD -20" Zoning District, to be consistent with the zoning for the majority of "Old Town." No other changes to current zoning designations of property are proposed. Section 10. Based on the foregoing Sections 1 through 9, the Planning Commission hereby recommends that the City Council approve Zone Change 10 -2 which will adopt "Seal Beach Zoning Map, June 2010," on file in the Office of the City Clerk. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of , 2010, by the following vote: PC Staff Report.06 -02 -10 8 Public Hearing re: Zone Change 10 -2 — New Title 11 (Zoning Code) - Related Zoning Map Changes Planning Commission Staff Report June Z 2010 AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Ellery Deaton Chairperson of the Planning Commission Mark Persico, AICP Secretary of the Planning Commission PC Staff Report. 06-02-10 9 Public Hearing re: Zone Change 10 -2 — New Title 11 (Zoning Code) - Related Zoning Map Changes Planning Commission Staff Report June 2, 2010 Page Intentionally Left Blank PC Staff Report.06 -02 -10 10 Public Hearing re: Zone Change 10 -2 — New Title 11 (Zoning Code) - Related Zoning Map Changes Planning Commission Staff Report June 2, 2010 ATTACHMENT 2 EXHIBIT A - PROPOSED ZONE CHANGE FROM RMD, DISTRICT I to RHD -20 PC Staff Report.06 -02 -10 11 Public Hearing re: Zone Change 10 -2 — New Title 11 (Zoning Code) - Related Zoning Map Changes Planning Commission Staff Report June 2, 2010 Page Intentionally Left Blank PC Staff Report.06 -02 -10 12 Public Hearing re: Zone Change 10 -2 — New Title 11 (Zoning Code) - Related Zoning Map Changes Planning Commission Staff Report June Z 2010 ATTACHMENT 3 PROPOSED SEAL BEACH ZONING MAP, JUNE 2010 (Available for review in the Office of the City Clerk and at the City of Seal Beach website, www.ci.sealbeach.ca.us and go to the "Headlines" section and click on the "2010 Zoning Code Update" to review the proposed Title 11 Zoning Code, Negative Declaration 2010 -1, Zoning Maps, and all other information documents regarding this matter) PC Staff Report.06 -02 -10 13 Public Hearing re: Zone Change 10 -2 — New Title 11 (Zoning Code) - Related Zoning Map Changes Planning Commission Staff Report June 2, 2010 Page Intentionally Left Blank PC Staff Report. 06-02-10 14 ATTACHMENT 10 PLANNING COMMISSION MINUTES, JUNE 2, 2010 1 2 3 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of June 2, 2010 Chairperson Deaton called the regularly scheduled meeting of the Planning Commission to order at 7:32 p.m. on Wednesday, June 2, 2010. The meeting was held in the City Council Chambers and began with the Salute to the Flag.' Rni i rai i Present: Chairperson Deaton, Commissioners Bello, Galbreath, and Massa - Lavitt. Also Present: Department of Development Services Mark Persico, Director of Development Services Jerry Olivera, Senior Planner Steven Flower, Assistant City Attorney Absent: None ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. Michael McLean owner of 139 7th Street described the proposed project for Minor Plan Review 10 -7 and explained that this home is not to be used as a rental, as he and his family will be using it as a summer home. There being no one else wishing to speak, Chairperson Deaton closed oral communications. AGENDA APPROVAL Chairperson Deaton requested that Item 1 be removed from the Consent Calendar for discussion. MOTION by Massa - Lavitt; SECOND by Galbreath to approve the Agenda as amended. MOTION CARRIED: 4 — 0 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: None These Minutes were transcribed from audiotape of the meeting. 1 of 5 City of Seal Beach Planning Commission Meeting Minutes of June 2, 2010 CONSENT CALENDAR 2. Minor Plan Review 10 -7 139-7 th Street (Continued from May 5, 2010) Applicant/Owner: Michael & Jenny McLean Request: To add an uncovered outdoor deck over the garage of an existing, nonconforming duplex property. The property is nonconforming because it exceeds the density requirement, has a nonconforming front yard setback, and has a third story on a 25 -ft. wide lot, even though the third story does not exceed the 25 -ft. 0 -in. height limit. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -20. 3. Minor Plan Review 10 -8 1115'/ Seal Way Applicant/Owner: Karen Mikkelsen / Wendi Rothman Request: To add an uncovered second -floor balcony at the front of an existing, nonconforming duplex property. The property is nonconforming because it is over density and does not provide adequate covered off - street parking, as required by the Zoning Code. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -21. Chairperson Deaton stated that she had spoken with the applicant for Minor Plan Review 10 -8 and had explained the Minor Plan Review process. MOTION by Massa - Lavitt; SECOND by Bello to approve the Consent Calendar as amended. MOTION CARRIED: 4 — 0 AYES: Deaton, Bello, Galbreath, and Massa- Lavitt NOES: None ABSENT: None Mr. Flower advised that the adoption of Resolution Nos. 10 -20 and 10 -21 begins a 10 -day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. 2 of 5 City of Seal Beach Planning Commission Meeting Minutes of June 2, 2090 1. Approve Planning Commission Meeting Minutes of May 5, 2010. Mr. Persico indicated that a revised copy of the Meeting Minutes of May 5, 2010, accurately reflecting the comments made on the public hearing for the Title 11: Zoning Code was provided to the Commissioners. He noted that Commissioner Galbreath should abstain from voting on this item, as he was late in arriving for the meeting of May 5, 2010. MOTION by Bello; SECOND by Massa -Lavitt to approve the Meeting Minutes of May 5, 2010, as amended. MOTION CARRIED: 3 — 0 — 0 -11 AYES: Deaton, Bello, and Massa - Lavitt NOES: None ABSENT: None ABSTAIN: Galbreath SCHEDULED MATTERS ►T MW PUBLIC HEARINGS 4. Zone Change 10 -2 Citywide Applicant/Owner: City of Seal Beach Request: The Planning Commission will consider Zoning Map changes that reflect the zoning district titles as proposed in Title 11 (Zoning Code), which will be considered by the City Council on June 14, 2010. In addition, the residential area of "Old Town" bounded by Pacific Coast Highway, the 17th Street Alley, Electric Avenue, and the 12th /13th Street Alley is now proposed to be placed in the RHD -20 Zoning District, to be consistent with the zoning for the majority of "Old Town." This area is currently in the "Residential Medium Density — District 1" Zone. Recommendation: Approval, subject to conditions, and adoption of Resolution 10 -25. Staff Report 3 of 5 City of Seal Beach Planning Commission Meeting Minutes of June 2, 2010 Mr. Persico indicated that these map changes are consistent with the Title 11 text changes to the Zoning Ordinance that the Planning Commission reviewed and recommended approval to City Council at its meeting of May 5, 2010. Commissioner Questions None. Public Hearing Chairperson Deaton opened the public hearing. There being no one wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments None. MOTION by Massa - Lavitt; SECOND by Bello to approve Zone Change 10 -2, subject to conditions, and adopt Resolution 10 -25, as presented. MOTION CARRIED: 4 — 0 AYES: Deaton, Bello, Galbreath, and Massa - Lavitt NOES: None ABSENT: None OTHER MATTERS 5. Consideration of alternate meeting date for July 7, 2010. Staff Report Mr. Persico stated that after checking the list of items awaiting review, Staff recommends that the Planning Commission proceed with the two scheduled meetings for the month of July 2010. DIRECTOR'S REPORT Mr. Persico reported on the following items. 1. General Plan Ad Hoc Citizens Advisory Committee to meet on June 3, 2010, at 6:30 p.m. regarding City of Seal Beach Housing Element. 2. Public hearing before City Council for Title 11: Zoning Code scheduled for June 14, 2010, at 7:00 p.m. 4of5 City of Seal Beach Planning Commission Meeting Minutes of June 2, 2010 3. Items scheduled for the June 16, 2010 Planning Commission meeting. 4. Items scheduled for the July 7, 2010 Planning Commission meeting. 5. Environmental Quality Control Board response letter to the City of Long Beach regarding the Draft EIR for the proposed project at 2nd Street and Pacific Coast Highway. 6. Quarterly report of visitors to the public counter for assistance from Planning, Building, and Public Works Staff. COMMISSION CONCERNS Commissioner Galbreath inquired whether Staff had received a response from the Old Ranch Country Club regarding unauthorized removal. of eucalyptus trees. Mr. Persico said Staff has received no application for an after- the -fact Eucalyptus Tree Permit, and the Code Enforcement Officer will be forwarding a letter advising of the need to apply for permits no later than July 1, 2010. ADJOURNMENT Chairperson Deaton adjourned the meeting at 7:55 p.m. Respectfully Submitted, Carmen Alvarez, Executive Assis ant Planning Department APPROVAL The Commission on approved the Minutes of the Planning Commission Meeting of Wednesday, June 2, 2010. 6 of 5 ATTACHMENT 11 PART II, BASE DISTRICT REGULATIONS - ANNOTATED - INDICATING REMOVAL OF SUGGESTED BUILDING MASS, BUILDING BULK, AND BUILDING DESIGN STANDARDS DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts PART 11 BASE DISTRICT REGULATIONS Chapter 11.2.05 Base District Regulations - Residential Districts § 11.2.05.005 Applicability § 11.2.05.010 Land Use Regulations § 11.2.05.015 Development Standards § 11.2.05.020 Review of Plans Chapter 11.2.10 Base District Regulations - Commercial and Mixed -Use Districts § 11.2.10.005 Applicability § 11.2.10.010 Land Use Regulations § 11.2.10.015 Development Regulations § 11.2.10.020 Review of Plans Chapter 11.2.15 Base District Regulations - Light Manufacturing and Oil Extraction Districts § 11.2.15.005 Applicability § 11.2.15.010 Land Use Regulations § 11.2.15.015 Development Standards § 11.2.15.020 Review of Plans Chapter 11.2.20 Base District Regulations - Public and Semi - Public Facilities Districts § 11.2.20.005 Applicability § 11.2.20.010 Land Use Regulations § 11.2.20.015 Development Standards § 11.2.20.020 Review of Plans Chapter 11.2.25 Base District Regulations - Open Space, Parks, and Recreation Districts § 11.2.25.005 Applicability § 11.2.25.010 Limits on Calculation of Parks § 11.2.25.015 Land Use Regulations § 11.2.25.020 Development Standards § 11.2.25.025 Review of Plans CITY OF SEAL BEACH MUNICIPAL CODE 1 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts Page has been intentionally left blank CITY OF SEAL BEACH MUNICIPAL CODE DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010 PART 1I: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts Chapter 11.2.05 Residential Districts Sections: § 11.2.05.005 Applicability § 11.2.05.010 Land Use Regulations § 11.2.05.015 Development Standards § 11.2.05.020 Review of Plans § 11.2.05.005 Applicability. The provisions of this Chapter are applicable to the following Zoning Code district designations: RLD: Single -Unit Residential. To allow single -unit and small, zero -lot line neighborhoods at a base density of up to 15 dwelling units per net acre. RMD: Medium- Density Residential. To allow duplexes, townhouse projects, apartments, and small -lot, single -unit residential uses, at a density of 15 to 18 dwelling units per net acre. Additional density may be achieved through density bonuses. RHD: High - Density Residential. To allow for multi -unit residential developments at a base density of 20 to 46 dwelling units per net acre. Additional density may be achieved through density bonuses. § 11.2.05.010 Land Use Regulations. Table 11.2.05.010: Use Regulations — Residential Districts, prescribes the land use regulations for residential districts. The regulations for each district are established by letter designations as follows: "P" — Uses permitted as -of -right that require no discretionary review if in compliance with all standards. "L" — Uses permitted as-of -right subject to limitations restricting location, size, or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 11.2.05.010. "A" — Uses subject to an Administrative Use Permit following discretionary review by the Director. CITY OF SEAL BEACH MUNICIPAL CODE 3 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART Ik BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts "C" — Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission. "-2'— Uses that are not permitted. The "Additional Regulations" column includes specific regulations applicable to the use classification, located elsewhere in this Zoning Code. Use classifications are defined in Chapter 11.4.85: Use Classifications. Use classifications not listed in Table 11.2.05.010: Use Regulations — Residential Districts, are prohibited. TABLE 11.2.05.010 USE REGULATIONS — RESIDENTIAL DISTRICTS RLD RMD RHD Additional Regulations Residential Use Types Single -Unit Residential P P P See Section 11.4.05.100 Second Unit P P P See Section 11.4.05.115 Two -Unit Residential (Duplex) — P P Multiple -Unit Residential -- P P See Section 11.4.05.110 Family Day Care Small Family P P P Large Family C C C See Section 11.4.05.045.13 Group Housing — -- A Senior Citizen Housing — -- C See Section 11.4.05.125 Public, Semi - Public, and Service Use Types Clubs and Lodges -- — C See Section 11.4.05.080 Community Centers C C C Community Social Service Facilities — -- C Day Care Center — -- C See Section 11.4.05.045.0 Hospitals and Clinics Hospitals -- -- — Clinics -- — — Park and Recreation Facilities A A A Public Safety Facilities A A A CITY OF SEAL BEACH MUNICIPAL CODE 4 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts TABLE 11.2.05.010 (Continued) USE REGULATIONS — RESIDENTIAL DISTRICTS RLD I RMD I RHD I Additional Regulations Public, Semi - Public, and Service Use Types (Continued) Religious Facilities C C C See Section 11.4.05.080 Residential Care Facilities See Section 11.4.05.105 Residential Care, General -- — C See Section 11.4.85.020.N Residential Care, Limited P P P See Section 11.4.85.020.N Residential Care, Senior -- — I C See Section 11.4.05.125 Schools, Public or Private L -1 L -1 L -1 See Section 11.4.05.080 Commercial Use Types Bed and Breakfasts -- — C See Chapter 11.3.05 Food and Beverage Sales General Market — -- L -2 Home Improvement Sales and Services — -- L -2 Personal Services — — L -2 Retail Sales -- -- L -2 Vacation Rentals C — C See Section 11.4.05.135 Transportation, Communication, and Utility Use Types Communication Facilities See Chapter 11.4.70 Antennae and Transmission Towers P P P Facilities Within Buildings P P P Utilities, Minor P P P CITY OF SEAL BEACH MUNICIPAL CODE DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts TABLE 11.2.05.010 (Continued) USE REGULATIONS — RESIDENTIAL DISTRICTS RLD I RMD I RHD I Additional Regulations Other Applicable Use Regulations Accessory Use See Section 11.4.05.100 Home Occupations P I P I P I See Section 11.4.05.060 Nonconforming Use See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 11.5.25: Director Determinations L -1: Public schools are permitted in all districts without City review; private schools require Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Permits. L -2: Must be on the ground floor in a multi -unit development of 150 units or more and must be less than 1,500 square feet in floor area. Larger size facilities require Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Permits. § 11.2.05.015 Development Standards. Table 11.2.05.015: Development Standards for Residential Districts, prescribes the development regulations for residential districts, including lot dimensions, building form and location, pedestrian orientation, vehicle accommodation and other standards. The "Supplemental Regulations" column indicates more detailed explanations or regulations that follow the table (by letter designation) or that are located elsewhere in this Zoning Code. The designations "RLD -9" etc. indicate the base residential district designation and the maximum number of residential units allowed per net acre. CITY OF SEAL BEACH MUNICIPAL CODE 6 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010 PART II. BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts TABLE 11.2.05.015 DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS RLD -9 I RLD -15 RMD -18 RHD -20 RHD -33 I RHD -46 I Supplemental Regulations Densitylintensity of Use — Lot Dimensions One unit One unit per 5,000 per 3,000 One unit One unit One unit One unit See Section 11.4.05.115 for Maximum Density y q. ft. of lot sq. ft. of lot per 2,500 p per 2,178 per 1,350 per 960 s q Second Dwelling Unit area, plus area, plus sq. ft. of lot sq. ft. of lot sq. ft. of lot ft. of lot standards. a "Second a "Second area area area area See Subsection A for Unit' Unit" Surfside Standards Maximum Density with State Affordable Housing See Chapter 11.4.55: Bonus (du /ac) Affordable Housing Bonus g Minimum Lot Area (sq. ft.) Interior Lots 5,000 3,000 5,000 2,500 5,000 5,000 Comer Lots 5,500 3,000 5,500 2,500 5,500 5,500 Nonresidential Uses 10,000 10,000 10,000 10,000 10,000 10,000 Minimum Lot Size (ft.) Interior Lots 50 x 100 30 x 80 50 x 100 25 x 100 50 x 100 50 x 100 Comer Lots 55 x 100 35 x 80 50 x 100 25 x 100 55 x 100 55 x 100 Minimum Floor Area (sq. ft.) Primary Dwelling Unit 1,200 1,200 950 950 950 950 Efficiency Second Unit 150 150 150 150 150 150 L -1 1- Bedroom Second Unit 400 400 400 400 1 400 400 L -1 CITY OF SEAL BEACH MUNICIPAL CODE DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010 PART ll: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts TABLE 11.2.05.015 (Continued) DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS RLD -9 I RLD -15 I RMD -18 I RHD -20 RHD -33 RHD -46 Supplemental Regulations Density /Intensity of Use — Lot Dimensions (Continued) Minimum Floor Area (sq. ft.) (Continued) 2 +- Bedroom Second 600 600 600 -- -- -- Unit Maximum Floor Area for Second Units Detached Second Unit 800 sq. ft 800 sq. ft 800 sq. ft -- -- -- 30% of 30% of 30% of Attached Second Unit primary primary primary -- -- -- unit unit unit Maximum Lot Coverage (B) 67 50 75 (B) 60 80 (B) (%) Substandard Lot Yes Yes Yes Yes Yes Yes (C) Standards CITY OF SEAL BEACH MUNICIPAL CODE DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART ll: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts TABLE 11.2.05.015 (Continued) DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS RLD -9 RLD -15 I RMD -18 I RHD -20 I RHD -33 I RHD -46 Supplemental Regulations Building Form and Location Minimum Yards (ft.) Average Average Front — Minimum (D) (E) 12; 12; 18 18 (D)(E); L -3 Minimum 6 Minimum 6 10% of lot 10% of lot 10% of lot 10% of lot width; 3 ft. width; 3 ft. width; 5 ft. width; 5 ft. Interior Side — Minimum (D) (E) minimum; minimum; minimum; minimum; (D)(E) 10 ft. 10 ft. 10 ft. 10 ft. maximum maximum maximum maximum 15% of lot 15% of lot 15% of lot 15% of lot 15% of lot Comer Side — Minimum width; 10 ft. (E) width; 10 ft. width; 10 ft. width; 10 ft. width; 10 ft. (E) maximum maximum maximum maximum maximum 5 ft.; but when Rear (F) (E) abutting an 24 ft. minus 24 ft. minus alley 24 ft. width of the width of the 18 (E)(F) minus alley. alley. width of the alley. CITY OF SEAL BEACH MUNICIPAL CODE DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010 PART II: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts TABLE 11.2.05.015 (Continued) DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS RLD -9 RLD -15 I RMD -18 RHD -20 RHD -33 RHD -46 Supplemental Regulations Main Building Envelope Flood Zone Heights Yes Yes Yes Yes Yes Yes (G) Maximum Height (ft.) 25 (1) 25 (1) (1) 35 35 (h) a .74 — so — — Maximum Height of 6 6 6 6 6 6 (1) Downslope Skirt Walls (ft.) Projections Yes Yes Yes Yes Yes Yes (J) Minimum Distance Between Buildings on the 6 6 6 6 6 10 -20 (K) Same Lot (ft.) Minimum Court -- -- -- -- 15 15 Dimensions (ft.) Building Design *00 *e0 *98 *ee *e& Fagad� *e9 *99 *e6 *00 *89 Abe ( Exterior Stairways Yes Yes Yes Yes No No L -2 Prohibited CITY OF SEAL BEACH MUNICIPAL CODE 10 Comment[ 11 ]: Staffsuggests deletion of this provision and incorporefion into an 'Interim Design Guidelines" document that would be adopted by City Council Resolution. ........ .._...— Comment [I2]• Staffsuaaests deletion of thl pro vision and Incorooration into an 'Interim I Design Guidelines" document that would be i adopted by City Council Resolution. -- DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II.- BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts TABLE 11.2.05.015 (Continued) DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS RLD -9 RLD -15 RMD -18 RHD -20 RHD -33 RHD -46 Supplemental Regulations Building Design (Continued) Two 1140h Reese@ e8 X98 X859ts" X98 Porches -- -- Yes -- -- (0) VYes eA&i 08600A rilefflems X99 *AS *90 *60 Vehicle Accommodation Loading Parking and 9 See Chapter 11.4.20: Off - Street Parking and Loading Maximum Number of Curb Cuts for Driveway 1 (T) 1 1 1 1 1 (S) Maximum Width of Driveway (ft.) 18 -- -- -- -- -- (T) Limitations on Parking and Garage Frontage Yes Yes Yes Yes Yes Yes U ( ) CITY OF SEAL BEACH MUNICIPAL CODE 11 ... I Comment [I3]: "I Comment [I4]: Staffsuggests DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts TABLE 11.2.05.015 (Continued) DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS RLD -9 RLD -15 RMD -18 RHD -20 RHD -33 RHD -46 Supplemental Regulations Landscaping and Open Space Minimum Permeable Surface /Maximum Paving in Street — Facing Yards ( %) 60/50 60/50 60/50 60/50 60/50 60/50 (V) Minimum Site Area Devoted to Landscaping ( %) 25 15 15 (Z) 15 15 W(Y) Planting Required on Downslope Lots Yes Yes Yes Yes Yes Yes (X) AGnimum Go— X99 *90 *09 *99 *e& *00 (119 80 *09 *99 *96 *90 *09 (� Pedestrian Walkways -- -- -- -- Yes Yes (Z) Other Development Standards Accessory Structures Yes Yes Yes Yes Yes Yes See Section 11.4.05.100 2 -Story Cabanas/ Manufactured Homes Yes -- (AA) CITY OF SEAL BEACH MUNICIPAL CODE 12 Comment [I5]: Sfaffsurmests deletion of these provlslons and Incorporation Info an "Interim Design Guidelines" document that would be adopted by City Council Resolution. DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts Table 11.2.05.015 (Continued) DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS RLD -9 I RLD -15 RMD -1 S RHD -20 RHD -33 RHD -46 Supplemental Regulations Other Development Standards (Continued) Roof Decks Yes -- Yes Yes Yes Yes (BB) Solar Access Yes Yes Yes Yes Yes Yes See Section 11.4.10.045 Walls and Fences Yes Yes Yes Yes Yes Yes See Chapter 11.4.15 General Site Standards See Chapter 11.4.10: General Site Standards caping and Buffer Yards See Chapter 11.4.30: Landscaping and Buffer Yards Signs See Chapter 11.4.25: Sign Regulations Nonconforming Structures See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Permit Coastal Development See Chapter 11.4.35: Coastal Development Permit Reasonable Accommodations See Chapter 11.5.30: Reasonable Accommodations p L -1: Second Units are not allowed in the RHD -20 District located in Old Town. L -2: Exterior stairways providing access from the ground level and /or the first floor to the second floor or above are prohibited when such stairways are not specifically required by the California Building Code. Exterior stairways may be permitted through the building permit process in the RLD -9 district on properties with a second story kitchen existing as of March 9, 1998. In such a case, a covenant shall be recorded on the title of the property stipulating the property is to be used only as a Single -Unit dwelling. Exception: Exterior stairways may be permitted on Single -Unit dwellings located within identified flood zones upon approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits. L -3: Refer to Appendix A — City Council Approved Blanket Setback Variances CITY OF SEAL BEACH MUNICIPAL CODE 13 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART H. BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts A. Standards for Surfside. 1. Yard Requirements. Yard requirements for Surfside are set forth in Table 11.2.05.015.A: Surfside Yard Requirements. TABLE 11.2.05.015.A SURFSIDE YARD REQUIREMENTS Unit Type "A" Row "B" Row "C" Row Front Yard 4 ft. 2.5 ft. 2.5 ft. (L -1) Side Yard 10% lot width, minimum 3 ft. - maximum 10 ft. (L -2) Rear Yard 1 3 ft. (L -3) 3 ft. (L -1) Upper stories may cantilever to the property line (L -2) "A" Row. A stairway and elevated walkway not to exceed two and one -half feet above grade are permitted to encroach three feet into the side yard setback on the northwest side. If a residentially zoned parcel is located to the northwest of a colony pedestrian easement and abuts such easement, a stairway and walkway may be constructed on either the southwest or northwest side of a residential structure. (L -3) On Lot B -1 through B -70 the upper stories may cantilever to the rear property line 2. Projections into Side Yards. Cornices, eaves or chimneys may project 1 foot into required side yards beginning above the first story and in no case less than 8 feet above grade. 3. Building Height Limit. Maximum building height for residential structures, including Second Dwelling Units, shall be 35 feet, as measured from the crown of Surfside Avenue at the center of the subject property. 4. Minimum Unit Size. Minimum unit size is set forth in Table 11.2.05.015.A.4: Surfside Minimum Unit Sizes: Table 11.2.05.015.A.4 Surfside Minimum Unit Sizes Unit Type Minimum Unit Size (sq. ft.) Primary dwelling unit 750 Efficiency Second Dwelling Unit 150 1- Bedroom Second Dwelling Unit 400 2 or more Bedroom Second Dwelling Unit 600 CITY OF SEAL BEACH MUNICIPAL CODE 14 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11. BASE DISTRICT REGULATIONS Chapter 2.05. Residential Districts 5. Parking Requirements. See Chapter 11.4.20: Off - Street Parking and Loading. 6. General Requirements. a. Lot coverage. Lot coverage is determined by the required setbacks as set forth in Table 11.2.05.015.A: Surfside Yard Requirements. b. Lot area per dwelling unit. No minimum lot area per dwelling unit is required provided all parking requirements are met. C. Zero Side Yards. Upon the issuance of a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, 2 lots with a common side yard may be developed incorporating a zero side yard setback on the common side yard provided: i. Both lots are developed concurrently and that the units are of compatible design; ii. An equal or greater amount of open space is provided on each lot than would be provided by the required conventional setbacks. Cl. Stairways, Balconies and Patio Decking. Stairways, balconies or patio decking may encroach into the Surfside Colony leased land southwest of Block "A" as set forth below: i. First floor - 10 feet with glass deck enclosure. An additional projection of 3 feet is permitted for required stairways from second floor balconies or landing areas, not to exceed a length of 10 feet; ii. Second Floor — 5 feet; or 10 feet if the first floor deck is then restricted to 5 feet in depth with a 5 -foot high glass enclosure or first floor is an on -grade patio extension to a maximum of 10 feet with no enclosure; iii. Roof projection /sunscreen - 5 feet; iv. Decks must have guard rails installed as required by the California Building Code. On the first or second floor deck, a glass enclosure may be added. The glass enclosure shall not exceed 5 feet, measured from the finished floor of the deck. No glass panel shall be less than 3 feet by 3 feet. All glass above the required guard rails shall be clear, un- tinted glass. No portion of the glass enclosure shall be covered or roofed in any manner. e. Minimum Lot Size: Block B. The minimum lot size for Block B, Anderson Street (Lot 1) northwesterly to Seal Way (Lot 70) is 25 feet by 60 feet. f. Required Submittals for Issuance of Building Permit. The City shall require the following of any applicant prior to the issuance of any building permits for construction on "A" Row, "B" Row, "C" Row, or Surfside Colony leased land: CITY OF SEAL BEACH MUNICIPAL CODE 15 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010 PART 11: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts i. Surfside Colony lease for use of Surfside Colony owned land; ii. Excavation deposit release from Surfside Colony; iii. Street security deposit release from Surfside Colony. g. Nonconforming Building Expansions. General renovation and structural additions to nonconforming buildings may be approved by the issuance of a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, provided: i. No bedrooms or other living quarters are being added; ii. The only rooms being added are bathrooms, storage closets, closets or enlargements of existing rooms; iii. The building provides at least 1 conforming parking space. iv. General renovation and structural additions to nonconforming buildings which are nonconforming only due to inadequate setbacks may be approved pursuant to Chapter 11.4.40: Nonconforming Uses, Structures, and Lots, Section 11.4.40.020: Structural Alterations or Additions to Single Unit Residences Require a Conditional Use Permit (All Residential Districts). B. Maximum Lot Coverage 1. RLD -9 District. In the RLD -9 District the maximum lot coverage is 45 %, with an additional 5% lot coverage permitted for patio covers that are at least 50% open. The RLD -9 area along Ocean Avenue, between First Street and Eighth Street, is permitted 60% lot coverage. 2. RHD -20 District, Old Town. In the RHD District, Old Town, the maximum lot coverage is as set forth in Table 11.2.05.015: Development Standards for Residential Districts. Provided below are the allowable lot coverage for standard size, interior lots, with a 15 -foot alley in Old Town, based on a minimum 6 -foot front yard in accordance with the average setback provisions applicable to this District, and a maximum allowable 4.5 -foot second - story overhang. Please contact the Planning Department to confirm the maximum lot coverage allowable pursuant to Table 11.2.05.015: Development Standards for Residential Districts. CITY OF SEAL BEACH MUNICIPAL CODE 16 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts C. Substandard Lots. Any lot or parcel of land of less area or width than that required by the regulations for the district in which it is located may be used as a building site only if it was a lot of record in accordance with Table 11.4.40.065; Minimum Legal Area and Dimensions of Lots of Record, subject to the following standards: 1. Required Improvements. All lots adjoining a public right -of- way shall. install all required improvements in compliance with applicable development standards and use regulations, unless the Planning Commission approves a variance or waiver in accordance with the provisions of this Zoning Code. 2. RLD District. No building, other than a single unit home, shall be constructed on any building site in the RLD district containing less than 5,000 square feet of area. 3. RMD and RHD Districts. No building, other than a single unit home, may be constructed on any building site in the RMD and RHD districts containing less than the required minimum lot area, unless the minimum lot area would allow for more than 1 unit and all applicable development standards can be met. D. RLD -9 District - Minimum Front and Interior Side Yards. In the RLD -9 District the minimum front and interior side yards are: 1. Front Yard. In the RLD -9 District the minimum front yard is 18 feet for a front entry garage and 10 feet for a side entry garage except for the CITY OF SEAL BEACH MUNICIPAL CODE 17 Lot Size 25' x 100' 37.5' x 100' 25' x 117.5' 37.5' x 117.5' Minimum Front Yard 6' 6' 6' 6' Maximum 2nd Story Overhang 4.5' 4.5' 4.5' 4.5' Minimum Side Yard 3' 3.75' 3' 3.75' Maximum Allowable Building Coverage Area 89.5' x 19' 89.5' x 30' 107'x19' 107' x 30' Total Lot Area 2,500 sq. ft. 3,750 sq. ft. 2,937.5 sq. ft. 4,406.25 sq. ft. Maximum Lot Coverage 68.02% 71.6% 69.2% 72.85% C. Substandard Lots. Any lot or parcel of land of less area or width than that required by the regulations for the district in which it is located may be used as a building site only if it was a lot of record in accordance with Table 11.4.40.065; Minimum Legal Area and Dimensions of Lots of Record, subject to the following standards: 1. Required Improvements. All lots adjoining a public right -of- way shall. install all required improvements in compliance with applicable development standards and use regulations, unless the Planning Commission approves a variance or waiver in accordance with the provisions of this Zoning Code. 2. RLD District. No building, other than a single unit home, shall be constructed on any building site in the RLD district containing less than 5,000 square feet of area. 3. RMD and RHD Districts. No building, other than a single unit home, may be constructed on any building site in the RMD and RHD districts containing less than the required minimum lot area, unless the minimum lot area would allow for more than 1 unit and all applicable development standards can be met. D. RLD -9 District - Minimum Front and Interior Side Yards. In the RLD -9 District the minimum front and interior side yards are: 1. Front Yard. In the RLD -9 District the minimum front yard is 18 feet for a front entry garage and 10 feet for a side entry garage except for the CITY OF SEAL BEACH MUNICIPAL CODE 17 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts RLD -9 District area along Ocean Avenue between First Street and Eighth Street, which is not allowed side entry garages. 2. Interior Side Yard. In the RLD -9 District the minimum interior side yard is 10 percent of lot width with a minimum 5 feet except for the RLD -9 District area along Ocean Avenue between First Street and Eighth Street, which has a 10 percent of lot width interior side yard setback and a minimum interior side yard of 3 feet. E. RLD -15 District Development Standards. The development standards for the RLD -15 District are set forth in Table 11.2.05.015.E.1: Specific Tract Development Standards, Tract 6345, Table 11.2.05.015.E.2: Specific Tract Development Standards, Tract 6346, and Table 11.2.05.015.E.3: Specific Tract Development Standards, Tract 9814. 1. Architectural Committee Approval Required. The City shall not review any plans for a building, fence, wall, swimming pool or structure until an approved building plan approved by the appropriate Architectural Committee for those tracts within the RLD -15 District that have an legally constituted Architectural Committee, as has been submitted to the City. CITY OF SEAL BEACH MUNICIPAL CODE 18 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART ll: BASE DISTRICT REGULATIONS Chapter 2.05. Residential Districts TABLE 11.2.05.015.E.1 RLD -15 DISTRICT - SPECIFIC TRACT DEVELOPMENT STANDARDS TRACT 6345 Development Standard Required Standard Building Setbacks: Front Yard: First Floor 6 feet — Lot 30 and 31. 8 feet — All remaining lots. Front Yard: Second Floor 50 feet. Rear Yard 2 feet. Interior Side Yard 6 feet on one side — opposite side yard is 0 -foot minimum setback. Street Side Yard 3 feet. Maximum Height Limit: 25 feet overall — 10 feet at Zero Side Yard for single story portion of residential structure, 12 feet at Zero Side Yard for two -story portion of residential structure. Number of Stories: 2 -Story Lots — Maximum of 24 lots. Allowable Floor Areas: First Floor 1,250 square feet minimum. Second Floor 300 square feet minimum; 800 square feet maximum. Fence Height: 3 feet in front yard setback area. 8 feet outside of front yard setback area. Projections: Chimney 2 feet into required interior side yard: not exceeding 6 feet in length (Chimney projection not allowed in front, rear, or exterior side yard). Roof eaves — Rear Yard 1 foot into public alley (includes garage door in open position). Required landscaping: 40% of required Front Yard. Patio Covers: Not permitted in front, rear, or side yard setback area. CITY OF SEAL BEACH MUNICIPAL CODE 19 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010 PART II: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts TABLE 11.2.05.015.E.2 RLD -15 DISTRICT - SPECIFIC TRACT DEVELOPMENT STANDARDS TRACT 6346 Development Standard Required Standard Development Standard Required Standard Building Setbacks: Front Yard: First Floor 8 feet - All lots except Lots 1 and 6. 7 feet - Lot 1; 4 feet - Lot 6. Front Yard: Second Floor 50 feet. Rear Yard 2 feet. Interior Side Yard 6 feet. Opposite Side Yard 0 feet. Street Side Yard 3 feet. Height Limit: 25 feet overall - 10 feet at Zero Side Yard for single story portion of residential structure, 12 feet at Zero Side Yard for two -story portion of residential structure. Number of Stories: 2 -Story Lots - Maximum of 38 lots. Allowable Floor Areas: First Floor 1,250 square feet minimum. Second Floor 300 square feet minimum; 800 square feet maximum. Fence Height: 3 feet in front yard setback area. 8 feet outside of front yard setback area. Projections: Chimney 2 feet into required interior side yard: not exceeding 6 feet in length (Chimney projection not allowed in front, rear, or exterior side yard). Roof eaves - Rear Yard 1 foot into public alley (includes garage door in open position). Required landscaping: 40% of required Front Yard. Patio Covers: Not permitted in front, rear, or side yard setback area. CITY OF SEAL BEACH MUNICIPAL CODE 20 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010 PARTY: BASE DISTRICT REGULATIONS Chapter 2.05. Residential Districts TABLE 11.2.05.015.E.3 RLD -15 DISTRICT - SPECIFIC TRACT DEVELOPMENT STANDARDS TRACT 9814 Development Standard Required Standard Building Setbacks: Front Yard. First Floor 12 feet - Lot 1, 4, 6, 9, 15, 17, 20, 24, 25, 27, 29, 31, 33. 10 feet - Lot 2, 5, 8, 10, 12, 16, 19, 21, 23, 26, 30. 8 feet - Lot 3, 7, 11, 13, 14, 18, 22, 28, and 32. 6 feet - Lot 34, 35. Front Yard. Second Floor 30 feet except as follows: 20 feet - Lot 13, 34, 35. Rear Yard 2 feet - Lots 1 through 24. 8 feet - Lots 25 through 35. Interior Side Yard (Southwesterly Side) 6 feet. Interior Side Yard (Northwesterly side) 0 feet - All lots except Lot.12 and 35. Street Side Yard 6 feet - Lot 1, 24 and 25. Height Limit: 25 feet overall - Lots 12, 13 and 35. 25 feet overall - 12 feet within 3 feet of an exterior Side Yard - All other Lots. Number of Stories: 1 -Story Lots - Lot 1, 3, 7, 11, 18, 22, 24, 25, 28. 2 -Story Lots - All remaining lots. Fence Height: 3 feet in front yard setback area. 8 feet outside of front yard setback area. Architectural Projections: 2 feet - except no fireplace or chimney structure allowed in first floor front yard setback area or rear yard setback area. Required landscaping: Entire front yard setback area except entry walks and driveways. 6 square feet minimum in rear yard setback area. CITY OF SEAL BEACH MUNICIPAL CODE 21 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PARTY. BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts TABLE 11.2.05.015.E.3 (Continued) RLD -15 DISTRICT - SPECIFIC TRACT DEVELOPMENT STANDARDS TRACT 9814 Development Standard Required Standard Trash Enclosure: Minimum 2 -foot by 4 -foot area adjacent to rear yard setback area — all lots except 31, 32, 33, 34, and 35. Patio Area: 240 square foot minimum - adjacent to 6 -foot side yard setback area Patio Covers: Not permitted in front, rear, or side yard setback area. Must have 50% open roof area and cannot be enclosed. Comment [I6]: Stab I suogests deletion of this I provision and incorporation I into an Interim Design Guidelines- document that j would be adopted by City Council Resolution. CITY OF SEAL BEACH MUNICIPAL CODE 22 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts Standard Rear Yard Regtrired Red rctiao in RearYard Setback a ftwed with Administrataoe Use Permit nunum equii•ed or yi-d G. Flood Zone Heights. In special flood hazard zones as defined in Title 9: Public Property, Public Works and Building Regulations, Chapter 9.45: Floodplain Management, the maximum height is increased by the increase in elevation required to reach the base flood elevation. H. Building Height — RLD -9, RMD 18, and RHD -20 Districts. Building height in the RLD -9 District in Old Town, the RMD -18 District, and the RHD -20 District in Old Town are: 1. RLD -9 District — Old Town. Maximum building height is 25 feet as measured at the wall of the building nearest Ocean Avenue and the height of this roofline shall not be exceeded on the remainder of the lot. structures is: 2. RMD -18 District. The maximum building height for residential a. Lots Less than 37.5 Feet Wide: 25 feet b. Lots 37.5 Feet Wide or Greater: i. Front 1/2 of lot: 25 feet CITY OF SEAL BEACH MUNICIPAL CODE 23 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts Rear 1/2 of lot: 35 feet 3. RHD -20 District — Old Town. The maximum building height for residential structures is 25 feet. I. Maximum Height of Downslope Skirt Walls. On a downslope lot, the skirt wall which covers the unfinished understory of the home shall not be greater than 6 feet in height if lot slope is 40 percent or less; and 8 feet if lot slope exceeds 40 percent. The height of the skirt wall shall be measured from finished grade to the floor level of the lowest floor that is above ground. Greater height may be approved with an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits, provided that the wall has an architectural treatment that minimizes the unattractive blank wall surface. Acceptable treatments include but are not limited to: a different but compatible surface material than the rest of the building; a minimum 5 -foot projection from the floor above covered with a deck; a minimum 2 -foot recess from the floor above; or covering the skirt wall with a trellis on which plant material grows. See Figure 11.2.05.015.1: Special Requirements for Downslope Lots. Figure 11.2.05.015.1 Special Requirements for Downslope Lots CITY OF SEAL BEACH MUNICIPAL CODE 24 i Maximum height ��� �� Al of downslope In L III skirt wall: 6 k I III or 8 ft if lot slope n' ( is more than 40% Street n 11 !1 {'; 11 �i I shrub or tree planting required 7. III l,l CITY OF SEAL BEACH MUNICIPAL CODE 24 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART ll: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts Projections. Projections are permitted subject to the following standards: 1. Projections Into Yards — Architectural Features. Architectural features, such as cornices, eaves, canopies, chimneys, and bay windows not exceeding 8 feet in length may not be located within 3 feet from the side lot line, nor more than 2 feet into any required front or rear setback. On corner lots, street side, such architectural features may not be located closer than 5 feet to the side lot line. 2. Projections Into Yards — Stairs, Decks and Balconies. Open, uncovered stair landings, decks and balconies 12 feet or less in length and less than 6 feet above grade may not be located within 3 feet from the side lot line, nor project more than 3 feet into the minimum front setback, or 6 feet into the rear setback in any residential area. On corner lots; street side, and beside public paths, such structures may not be located closer than 5 feet to the side lot line. a. Low -level Wooden Decks. Low -level wooden decks, not in excess of 1 foot above natural grade, may project into a required yard to the property line. b. RLD -9 District — Old Town. Decks and balconies may extend or project a maximum of 10 feet into or over the rear yard in the area below or at the second floor level (from street). Above the second floor level, eaves may project a maximum of 5 feet over the rear yard. Comment [I7]: Provisions deleted based on City Council adoption of Zone TextAmendment 10.2 on Mav 10, 2010. I CITY OF SEAL BEACH MUNICIPAL CODE 25 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART H: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts 4. Projections — RLD -15 District. Refer to Section 11.2.05.010.E: RLD -15 District Development Standards, Table 11.2.05.015.E.1 through Table 11.2.05.015.E.3, for allowable projections in the RLD -15 District. 5. Projections — RHD -20 District. For lots less than 50 feet in width in the RHD -20 District the projections allowed in subsections 1 through 3, above, may project not more than 2 feet into the required side yard; provided that the required interior side yard shall not be reduced to less than 2 feet in width. Figure 11.2.05.015.J Projections Into Required Yards — Residential Districts Internal Lot Corner Lot i n s•.airY. bakomes, decks � ___ —_ l_.__ —_I lin— /� �w 12 feet in length may Mimmum Rear Yard pro;sr_ upm 6 feet born RearYard ;- a r ______._.; yard setback I .3 +F_6� ArY,inecnrral feature rrq i project upm 3 feet inm :: required rarprd s tba;k II 13 - 31.- k k. i Open stairs, baknn.es. --i. decks and architemral . features rota "'d wrddrt 3 feet from aide lot line project upm 3 fee[ mto Froncffird —_ —. —. rcqured fromserback L_J__ I-- Mnimum Corner Side Yard Fa comer bu.strr esid% �- amhnecorral features not % allowed wntmr S feet from side b: line j K. Minimum Distance Between Buildings and Minimum Size of Courts — RMD and RHD Districts. In the RMD and RHD districts, courts within or between buildings that have parking, front doors to units, or primary living room windows shall have a minimum dimension of 20 feet. Comment [18]: Staff I suggests deletion of this provision and incorporation i into an Interim Design I Guidelines" document that would be adopted by City i Council Resolution. , CITY OF SEAL BEACH MUNICIPAL CODE 26 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART ll: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts 5'" "C" s""" nave m Icwl ,"e Plvlctuwl ul lmmb OI ICWI -r ICCI Ill ucpul, ar cwo or recesses at least 1.5 feet in depth, for every 25 linear feet of wall. Comment [I9]: Staffsuaaests f deletion of this provision and incorporation into an "Interim Design Guidelines" document that would be adopted by City Council Resolution. Comment [110]: staffsugaests I =.77 has in depth t hat mWent, F;al deletion of this provision an a _PteFsat and s. d incorporation into an Interim torn, OF an alternotmain desoon that Fneets this el�eefil le Design Guidelines" document that by the Direet—W- would be adopted by City Council I Resolution. I O. Porches. Front porches may extend into the front setback up to 6 feet if all of the following standards are met. The porch is open on 2 or more sides. 2. The porch enclosure, including roof, parapets, and railings, does not exceed 14 feet in height. 3. The porch does not exceed 50% of the front building width measured at the front fagade. Greater width may be approved pursuant to an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits. CITY OF SEAL BEACH MUNICIPAL CODE 27 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART H: BASE DISTRICT REGULATIONS Chapter 2.05., Residential Districts 4. Stairs leading up to a porch, which are less than 2 feet above grade, may project an additional 4 feet into the required front yard setback. See Figure 11.2.05.015.0: Front Porch Projections. Figure 11.2.05.015.0 Front Porch Projections Fran[ Faxrb � i" . Stairs m porch 112 facade width — Facade widda —_a- Required 6nnt yardsetb -xk 6 ' maxi mum ,croje: don •4 'additional' stairprioje:tion i Comment [Ili]: Staff •--------------•-•---------•------ ------ ------------ ----- -- -- ---- --- ----------•-- -----: --- i suaaests deletion of this ftEfflt i provision and incorooration elevatieA Shall be Stepped bask fr-em the fFeRt aetbaek line a dist f - - 'Qnri into an "Interim Desion c.,. s cf.,�. Guidelines" document that would be adopted by Abova 14 --f City Council Resolution. CITY OF SEAL BEACH MUNICIPAL CODE 28 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PARTY: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts Comment [112]: Staffsuoaests i 1 deletion of this provision and Incorporation into an Interim Design Guidelines" document that 1 would be adopted by CitV Council i ' Resolution. ! CITY OF SEAL BEACH MUNICIPAL CODE 29 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART H. BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts CITY OF SEAL BEACH MUNICIPAL CODE 30 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART ll: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts . - --- ----- ------ ------ ----- - -- --- --- - - - - -- Comment (113]: Staffsuogests i deletion of this provision and =incorporation into an 'Interim Design Guidelines" document that would be adopted by City Council I Resolution. i CITY OF SEAL BEACH MUNICIPAL CODE 31 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11: BASE DISTRICT REGULATIONS Chapter 2.05, Residential Districts 4apW 306ng Emffmw, Fortmnal Design Fewures. Ac.- Smelts Archliecual Comp-wem% Encouraged Discouraged EncouqAed Infill sidence Infill R 'dence I x t IL Encouraged y Discouraged CITY OF SEAL BEACH MUNICIPAL CODE 32 0 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts S. Curb Cuts and Driveways — RLD -9 District. For lots less than 15,000 square feet a maximum of 1 curb cut for a driveway entrance to parking is permitted, except that for single -unit homes on lots with at least 80 feet of street frontage, 2 curb -cuts for circular driveways are permitted. The edge of the circular driveway nearest the public roadway shall not be located within the required front setback. Exceptions may be approved with a Conditional Use Permit, pursuant to Chapter 11.5.20: Development Permits. See Figure 11.2.05.015.S: Limits on Multiple Curb Cuts, Driveways, and Front Yard Paving — RLD -9 District. Figure 11.2.05.015.S Limits on Multiple Curb Cuts, Driveways, and Front Yard Paving — RLD -9 District T. Maximum Driveway Width — RLD -9 District. In a street - facing yard, the maximum width of a driveway leading to parking facilities is 18 feet. This does not apply to the size of the associated curb cut on public or private streets. See Figure 11.2.05.015.T: Limits on Curb Cuts, Driveways, and Front Yard Paving — RLD -9 District. CITY OF SEAL BEACH MUNICIPAL CODE 33 i S j A I 1 1 I I j j 1 j 7 .l.c. 547WCM Nbe - j ! j 20 or 35 foat front a° a + d z drivavray wkith I Yird iaS44Ci i j t - j fir R r.r. ` T. Maximum Driveway Width — RLD -9 District. In a street - facing yard, the maximum width of a driveway leading to parking facilities is 18 feet. This does not apply to the size of the associated curb cut on public or private streets. See Figure 11.2.05.015.T: Limits on Curb Cuts, Driveways, and Front Yard Paving — RLD -9 District. CITY OF SEAL BEACH MUNICIPAL CODE 33 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART /I. BASE DISTRICT REGULATIONS Chapter Z05: Residential Districts Figure 11.2.05.015.T Limits on Curb Cuts, Driveways, and Front Yard Paving — RLD -9 District Modmum wdth of driveway ii � F o n t y o r d sveet Maximum of one curb cut I I i I f I— Maximum or 5D% of front yard area j— may be paved U. Limitations on Parking and Garage Frontage. The following standards apply to parking and garage frontage. 1. Detached Garages. Detached garages are subject to the standards set forth in Table 11.2.05.015.0: Detached Garage Standards. TABLE 11.2.05.015.0 DETACHED GARAGE STANDARDS Maximum Lot District Height (ft.) Coverage Location (sq. ft.) RLD 15 600 Rear one -half of lot. Detached garages for one or two unit RMD 15 500 projects may be on front one -half of lot with approval of an RHD 15 __ Administrative Use Permit. Garages for more than 3 vehicles require Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Permits. CITY OF SEAL BEACH MUNICIPAL CODE 34 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART /1. BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts 2. Maximum Width of Garages and Carports. Garages and carports within 30 feet of a front or street - facing side lot line shall be no more than 20 feet in width. In addition, all attached garages and carports located within 30 feet of a front or street - facing side lot line shall not exceed 50 percent of the width of the residential facade. Exceptions may be allowed by Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits. See Figure 11.2.05.015.U.2: Residential Districts — Limitations on Garage Frontage. Figure 11.2.05.015.U.2 Residential Districts — Limitations on Garage Frontage i-------- - - - - -- I I I I I Garage I i4 x = facade length -� No MM dnn 50 Percent of facade length may be devoted to garage Comment [114]: StaHsuggests I M::=:=_ — deletion of this provision and I incorporation into an "Interim Design Guidelines" document that would be adopted by City Council Resolution, CITY OF SEAL BEACH MUNICIPAL CODE 35 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART H: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts 4. Required Garage, Carport, or Uncovered Parking Location to the Side or Rear of a Residence in Certain Cases. Garages, carports, or any uncovered parking spaces shall be located to the rear or side of any principal residential structure, and at least 30 feet from the front lot line, if at least 60 percent of the buildings in the immediate context have garages, carports and uncovered parking located at a depth of at least 30 feet from the front lot line. The immediate context shall consist of the 5 closest lots on each side of the project site plus the 10 closest lots on the opposite side of the street. 5. Required Garage Exception — RLD -9 District. The number of garage parking spaces required pursuant to Table 11.4.20.015.A.1: Required Parking, for single -unit dwellings in the RLD -9 District shall be reduced by one space for single -unit dwellings of 6 bedrooms or more if the driveway provides a clear area of 18 feet by 18 feet in front of a garage equipped with a roll -up door to accommodate vehicles parked off the street. CITY OF SEAL BEACH MUNICIPAL CODE 36 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010 PART II: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts 6. Location of Parking for Multi -Unit Dwellings. For projects with 3 or more residential units, no open parking or structured parking more than 4 feet above grade shall be located within 30 feet of a front or corner side property line. Exceptions may be approved with a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits. See Figure 11.2.05.015.U.6: Location of Parking for Multi -Unit Dwellings. Figure 11.2.05.015.U.6 Location of Parking for Multi -Unit Dwellings -------------------------- - - - - -. -- - - - -.... — - I I Parking in Rear Yard I I Muft,fM y strumrre I I i ---------------- - - - - -I I I IParking at grade h I the rear portion of i e ground floor , I '- TI `raiun 3otoraKeoac I P''oPV4 iTl. b. app.waa , i i use pemrs s —j— tnbby or ground floor unit I . T No par4np is =.d wma 30 h d ere irmrc or a -xr W. praperq Me EugpSOm nu} 6e:apmd vM� CITY OF SEAL BEACH MUNICIPAL CODE 37 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts V. Minimum Permeable Surface - Maximum Paving in Street Facing Yards. A minimum of 60 percent of the required street facing yards shall have a permeable surface that permits water absorption directly into the soil. No more than 50 percent of the required front or corner side yard may be covered with a paved surface. W. Minimum Site Area Devoted to Landscaping. In all residential districts except the RLD -9 District and the RHD -20 District no less than 15 percent of any site shall be devoted to landscaping. With the exception of areas for entry and exit, all required front and street side setbacks shall be landscaped and such areas shall be credited to the required landscaping. A minimum of 25 percent of any lot in the RLD -9 District shall be devoted to landscaping. Also refer to Section 11.2.05.015.Y: Open Space Requirements for applicable open space requirements in the RLD -9 and RHD -20 Districts. X. Required Planting on Downslope Lots. On all downslope lots with a ground slope greater than 10 percent, a minimum of 3 trees and 3 shrubs shall be planted in the yard adjoining the downslope wall. Trees shall be of a species that is not highly flammable, and that does not have low branches close to the ground that could pose a fire hazard. Shrubs shall be located away from the base of the wall and tree trunks to minimize fire danger. See Figure 11.2.05.015.1: Special Requirements for Downslope Lots. Comment [115]: Staff suggests deletion of this provision and incorporation into an "Interim Design I Guidelines" document that i would be adopted by City I i Council Resolution. CITY OF SEAL BEACH MUNICIPAL CODE 38 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts that sush spsee iss se and leeated- as te be fully usable by the reside...- the Single E.,,.....t:.,., i.,. D11.[l °fin 1 ..a.. L...w al..... a� e A& 1-4m An t1313 �g­=Ic- foehil M-mej ho nonaddeun! no are nomhum-finn of conand flow Rem deek&=e�e@Aies haven! Q.- apen spaee aFea shall only be eel FaquiFed shall Rat be limited by shape FequiFern-ent.; d. Oponness- Thwe shall be a 1 ^^�.^^ A1 �1 A1 �ncC IIA..r�•1EY4�I,k}' 0 6 FPF 5 Z. Pedestrian Walkways. Where more than 4 units are provided on a lot, a walkway which is distinct, separate, and physically protected from any adjacent driveway or parking area, shall be required to provide access from the public right of way to the dwelling units. AA. Development Standards for 2 -Story Cabanas /Manufactured Homes. 1. Purpose and Intent. In order to ensure the compatibility and safety of 2 -story cabanas or a 2 -story manufactured home within a mobile home park or trailer park, the following development standards and procedures are established. 2. Permit Requirement. Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Permits is required to establish a 2- story cabana or a 2 -story manufactured home. Determination that the proposed construction complies with the requirement of this Section and all applicable laws including the provisions in Title 25 of the California Administrative Code shall be made by the Building Official. CITY OF SEAL BEACH MUNICIPAL CODE 39 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART Il: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts 3. Size Limitation — 2 -Story Cabana.. The size of a 2 -story cabana, including any existing or proposed single -story cabanas, shall be less than the size of the mobile home or travel trailer located on the trailer space. 4. Height Limits. a. The maximum permitted building height shall not exceed two stories or 25 feet in overall height. b. The area between 20 feet and 25 feet in overall height shall consist exclusively of roofing. 5. Decks and Balconies. No decks or balconies shall be permitted above the floor level of a second story. 6. Safety Requirements. a. Sprinkler System. A life safety sprinkler system shall be installed throughout the trailer and cabana or the 2 -story manufactured home in accordance with the requirements set forth in the California Building Code, Section 1004.2.3.2, as locally amended by City of Seal Beach Ordinance No. 1488, Section 5- 30.12, Exception 7, as may be amended. b. Fire -Rated Construction. The exterior of the cabana shall be constructed of stucco, or 1 hour fire -rated material shall be installed under wood siding. C. Title 25 Compliance — Setbacks. The setbacks and clearances of Title 25, California Administrative Code shall be applicable to all two story cabanas and 2 -story manufactured homes. BB. Roof Decks. Roof Decks are allowed in the residential districts pursuant to Table 11.2.05.015: Development Standards for Residential Districts. In addition, all required roof deck railings in accordance with the provisions of the California Building Code shall not exceed the height limit provisions of Table 11.2.05.015. The provisions of Section 11.2.05.015.H: Projections Beyond Height Limits, are not applicable to roof decks. CC. Old Ranch Towne Center Development Plan Overlay. There is established in the Residential Medium Density (RMD) Zone the Old Ranch Towne Center Development Plan Overlay. All development designated as "Development Area D ", as revised by the City Council, in the Bixby Old Ranch Towne Center Development Plan approved on November 23, 1998 shall be in conformance with, and limited to, the plans, specifications and proposed uses so approved. All land uses subject to the overlay shall comply with the otherwise applicable development standards of the RLD -9 and OS /PR District. CITY OF SEAL BEACH MUNICIPAL CODE 40 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010 PART IL BASE DISTRICT REGULATIONS Chapter 2.05. Residential Districts § 11.2.05.020 Review of Plans. All development is subject to development review under the City's administrative provisions, found in Part V: Land Use and Zoning Decisions of this Zoning Code. CITY OF SEAL BEACH MUNICIPAL CODE 41 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II: BASE DISTRICT REGULATIONS Chapter 2.05: Residential Districts Page has been intentionally left blank CITY OF SEAL BEACH MUNICIPAL CODE 42 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II — BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts Chapter 11.2.10 Commercial and Mixed -Use Districts Sections: § 11.2.10.005 Applicability § 11.2.10.010 Land Use Regulations § 11.2.10.015 Development Standards § 11.2.10.020 Review of Plans § 11.2.10.005 Applicability. The provisions of this Chapter are applicable to the following Zoning Code district designations: LC -RMD: Limited Commercial/ Residential Medium Density Zone. To allow limited commercial and office uses in conjunction with residential uses. PO: Professional Office. To allow office, medical and related uses that may also serve as a buffer area between residential areas and more intensive commercial areas. MSSP: Main Street Specific Plan. To allow visitor - serving and resident - serving office, retail, restaurant, and personal service uses with upper floors devoted to office uses along Main Street. SC: Service Commercial. To allow neighborhood - serving commercial areas that provides retail, restaurant, and personal service uses. GC: General Commercial. To allow sub - regional and regional centers of commercial activity and may include both pedestrian- and auto - oriented development. Other typical uses are auto service stations, auto repair, and sales. § 11.2.10.010 Land Use Regulations. Table 11.2.10.010: Use Regulations — Commercial and Mixed -Use Districts prescribes the land use regulations for commercial and mixed -use districts. The regulations for each district are established by letter designations as follows: "P" — Uses permitted as-of -right that require no discretionary review if in compliance with all standards. CITY OF SEAL BEACH MUNICIPAL CODE 41 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART// —BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts "L" — Uses permitted as -of -right subject to limitations restricting location, size, or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 11.2.10.010: Use Regulations — Commercial and Mixed -Use Districts. "A" — Uses subject to an Administrative Use Permit following discretionary review by the Director pursuant to Chapter 11.5.20: Development Permits. "C" — Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission pursuant to Chapter 11.5.20: Development Permits. " —' — Uses that are not permitted. The "Additional Regulations" column includes specific regulations applicable to the use classification, that are located elsewhere in this Zoning Code. Use classifications are defined in Chapter 11.4.85: Use Classifications. Use classifications not listed in Table 11.2.10.010: Use Regulations — Commercial and Mixed -Use Districts are prohibited. CITY OF SEAL BEACH MUNICIPAL CODE 42 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART// —BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts TABLE 11.2.10.010 USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS LC/RMD PO MSSP SC GC Additional Regulations Residential Use Types See Section Single Unit 11.2.10.015 Residential P -- L -1 — — and Section 11.4.05.060 Second Unit — -- -- — — Two -Unit Residential P _ L -1 -- — (Duplex) Multiple Unit P — L -1 -- -- Residential Family Day Care Small Family P — — -- -- Large Family C C — C C See Section 11.4.05.045 Group Housing -- C — — -- Senior Citizen -- -- -- — — Housing Public, Semi - Public, and Service Use Types Clubs and Lodges -- — — C C See Section 11.4.05.080 Community Center C C — C C Community Social C — C C Service Facilities Cultural Institutions -- C -- C C See Section 11.4.05.080 Day Care Center C C -- C C See Section 11.4.05.045 Government Offices A A A A A Hospitals and Clinics Hospitals -- C — C C Clinics -- C — C C CITY OF SEAL BEACH MUNICIPAL CODE 43 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11— BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts TABLE 11.2.10.010 (Continued) USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS LC/RMD I PO MSSP SC GC Additional Regulations Public, Semi - Public, and Service Use Types (Continued) Park and Recreation Facilities P P P P P Parking Facilities, C C C C C See Chapter Public 11.4.20 Public Safety A A A A A Facilities Religious Facilities -- C -- C C Residential Care See Section Facilities 11.4.05.105 Residential Care, General _ C - C C Residential Care, _ C - C C Limited Residential Care, Senior _ C -- C C vate Schools, Private C C -- C C ee Section 11.4.05.080 Commercial Use Types Adult Business See Chapter Establishments _ __ _ P 11.4.50 Animal Sales and Services _ _ A A A Artists' Studios P P P P P CITY OF SEAL BEACH MUNICIPAL CODE 44 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11 — BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts TABLE 11.2.10.010 (Continued) USE REGULATIONS - COMMERCIAL AND MIXED -USE DISTRICTS LC/RMD PO MSSP SC GC Additional Regulations Commercial Use Types (Continued) Automobile/Vehicle Sales and Services Automobile Rentals — -- -- A A Automobile/Vehicle — -- -_ -- P Sales and Leasing Automobile/Vehicle -- — -- C C See Section Service and Repair, 11.4.05.040 Major Automobile Service Stations/Vehicle _ _ __ C C See Section Service and Repair, 11.4.05.035 Minor Automobile — — -- A A Washing Large Vehicle -- — — A Sales, Services and Rental Bakery L-4 — L -4 L-4 L -4 Banks and Other P P P P Financial Institutions nth Drive- Through — C C C C See Section Facilities 11.4.05.050 Automated Teller — A A A A See Section Machines (ATMs) 11.4.05.030 Building Materials and Services — — -_ -_ C Business Services P P L -2, L -3 P P Commercial Recreation Large -scale -- — -- C C Small -scale -- — -- A A CITY OF SEAL BEACH MUNICIPAL CODE 45 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART// —BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts TABLE 11.2.10.010 (Continued) USE REGULATIONS - COMMERCIAL AND MIXED -USE DISTRICTS LCJRMD PO MSSP SC GC Additional Regulations Commercial Use Types (Continued) Eating and Drinking Establishments Bars - -- C C C Coffee House/ P; L -5; Dessert Shop - _ L -6 P P Restaurants, Fast See Section Food __ _ _ C C 11.4.05.050 Restaurants, Full - -- P, C P, C P, C See Section Service 11.4.05.015 Restaurants, See Section Limited Service _ P P P 11.4.05.015 Restaurants, Take Out Only _ P A A With Drive - Through C C See Section Facilities 11.4.05.050 With Outdoor See Section Eating Areas '- -- A, C A, C A, C 11.4.05.090 Extended Hour C -- -- C C See Section Business 11.4.05.055 Food and Beverage Sales Catering Services -- -- -- — P Convenience _ — P, C P, C See Section Market 11.4.05.015 General Market P, C P, C P, C See Section 11.4.05.015 Liquor Stores C C C See Section 11.4.05.070 Funeral Parlors and Mortuaries — �- — -- P Home Improvement — — — — C See Sections 11.4.05.090 and Sales and Services 11.4.05.140 CITY OF SEAL BEACH MUNICIPAL CODE 46 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART// —BASE DISTRICT REGULATIONS Chapter 11.2. 10 — Commercial and Mixed Use Districts TABLE 11.2.10.010 (Continued) USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS" LCIRMD PO MSSP SC GC additional Regulations Commercial Use Types (Continued) Hotels and Motels -- -- -- — C Kennel -- -- -- C C Kiosks -- -- -- A A See Section 11.4.05.065 Laboratories -- P L -2, L -3 P P Maintenance and P -- -- P P Repair Services Offices, Business and P P L -2, L -3 P P Professional Walk -in Clientele P P L -2, L -3 P P Offices, Medical and P P L -2, L -3 P P Dental Parking Facilities, C _ C See Chapter Commercial 11.4.20 Personal Improvement P P L -2 P P Services Personal Services P P P P P Retail Sales P — P P P See Section 11.4.05.090 Large Format See Section -- _ -- P P 11.4.05.140 Tattoo Establishments -- _ __ — C See Chapter 11.4.65 Theaters -- — C — C Light Manufacturing Use Types Contractors' Yards -- — -- — — Handicraft/Custom P P P P P Manufacturing Industry, Limited -- — -- — -- Industry, General -- -- -- — — CITY OF SEAL BEACH MUNICIPAL CODE 47 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II — BASE DISTRICT REGULATIONS Chapter 11.2. 10 — Commercial and Mixed Use Districts TABLE 11.2.10.010 (Continued) USE REGULATIONS'- COMMERCIAL AND MIXED -USE DISTRICTS LC/RMD PO MSSP SC GC Additional Regulations Light Manufacturing Use Types (Continued) Warehousing and Storage Indoor Commercial Storage - — Outdoor Storage — -- — -- -- Personal Storage — -- — -- — Transportation, Communication, and Utility Use Types Wireless See Chapter Communication 11.4.70 Facilities Antennae and Transmission P, A, C P, A, P, A, C P, A, P, A, Towers C C C Facilities Within P, A, C P, A, P, A, C P A, P, A, Buildings C C C Recycling Facilities See Section 11.4.10.025 Recycling _ _ C C Collection Point Recycling -- -- — — C Processing Facility Reverse Vending P P P P P Machines Utilities, Major Hazardous Waste _ C See Chapter Facility 11.4.60 Utilities, Minor P P P P P CITY OF SEAL BEACH MUNICIPAL CODE 48 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART// —BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts TABLE 11.2.10.010 (Continued) USE REGULATIONS - COMMERCIAL AND MIXED -USE DISTRICTS LC/RMD PO MSSP SC GC Additional Regulations Agriculture Use Types Nurseries I — I — I P P P Other Applicable Use Regulations Accessory Use See Section 11.4.05.010: Accessory Business Uses and Activities Nonconforming Use See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 11.5.25: Director Determinations Permitted if an existing use; new uses are prohibited. See Chapter 11.4.40: L -1 Nonconforming Uses, Structures, and Lots Not allowed on the ground floor along Main Street without a Conditional L -2 Use Permit; allowed on side streets as a permitted use L -3 If on the ground floor along Main Street permitted if an existing use; new uses are prohibited. See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots L -4 Bakery production sold at retail on premise L -5 Permitted use if less than 1,000 square feet and less than 10 seats L -6 Administrative Use Permit required if 1,000 square feet or more and 10 seats or more § 11.2.10.015 Development Standards. Table 11.2.10.015: Development Standards — Commercial and Mixed - Use Districts prescribes the development standards for the commercial and mixed use districts. The "Additional Regulations" column indicates more detailed explanations or regulations that follow the table (by letter designation) or that are located elsewhere in this Zoning Code. CITY OF SEAL BEACH MUNICIPAL CODE 49 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART// — BASE DISTRICT REGULATIONS Chapter 11.2. 10 — Commercial and Mixed Use Districts TABLE 11.2.10.015 DEVELOPMENT STANDARDS — COMMERCIAL AND MIXED -USE DISTRICTS LCfRMD PO MSSP SC GC Additional Regulations Lot Size and Density Minimum Lot Size 2,500 7,000 2,750 7,000 10,000 (sq. ft.) Maximum Floor Area Ratio 0.90 -- — -- -- Maximum Residential Density — lot area per unit (sq. ft.) Base Density 2,500 -- -- -- -- (A) Density for Mixed Use 2,000 — -- — -- (A) Development See Chapter Density — See 11.4.55: Affordable Additional — -- __ __ Affordable Housing Bonus Regulations Housing Bonus Building Form and Location Maximum Building Height (ft.) 35 35 30 35 35 (B) Building Setback on Street Frontages varies varies varies varies varies (C) Minimum Yard Requirements Interior Side varies varies varies varies varies (C) Rear varies varies varies varies varies (C) Building Transition Zone Adjacent to R Yes (D) Districts CITY OF SEAL BEACH MUNICIPAL CODE 50 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART ll — BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts TABLE 11.2.10.015 (Continued) DEVELOPMENT STANDARDS - COMMERCIAL AND MIXED -USE DISTRICTS LC/RMD PO MSSP SC GC Additional Regulations Landscaping and Open Space Public Open Space Yes (E) Minimum lot area 5% 10% 0% 10% 10% See Chapter 11.4.30: to be landscaped Landscaping and Buffer Yards Minimum required front yard area to 60% - - -- - be landscaped Circulation and Parking Limitations - Yes (F) Location of Parking Limitations on Curb Yes (G) Cuts Limitations - Location of Truck Yes (H) Docks; Loading and Service Areas Off - Street Parking Yes See Chapter and Loading 11.4.20: Off - Street Parking and Loading Reduced Parking Yes See Chapter Requirements 11.4.20: Off - Street Parking and Loading CITY OF SEAL BEACH MUNICIPAL CODE 51 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART// — BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts TABLE 11.2.10.015 (Continued) DEVELOPMENT STANDARDS — COMMERCIAL AND MIXED -USE DISTRICTS LC/RMD PO MSSP SC GC Additional Regulations Building Design ;Building Design_ Features----------------------------- Y�es ----------------------------- - - - - -- ---------(1)-------- Blan Walls -------------- - - - - -- ---------------------------- - - - - -- Yes----------------------------- - - - - -- --------- (J)--- - - - - -- Building Orientation Yes (K) ,Ground Floor - -------------------------------------------- Requirementnts - es----------------------------- - - - - -- ---------(L7-------- Building Transparency (% 60% 60% 70% 60% 50% (M) of linear street frontage with openings into occupied space) Special Requirements for Residential Development Open Space (sq. 100 -- -- -- -- (N) ft. per unit) Side and Rear Yes -- -- -- -- (0) Yard Setbacks Other Applicable Development Standards Consistency with Council Adopted Design (P) Guidelines, Area Plans, or Specific Plans Pedestrian Access to Buildings Setback (0) from the Street Projections in to Required Yards and (R) Above the Height Limits General Site Standards See Chapter 11.4.10: General Site Standards Fencing See Chapter 11.4.15: Fences, Hedges, and Walls CITY OF SEAL BEACH MUNICIPAL CODE 52 Comment [I3]: Staffsugaests deletion of this Provision and incorporation into an `Interim Design Guidelines" document that would be adopted by City Council Resolution. Existing provisions in Chapter 28 regarding the Main Street Specific Plan District would be retained. Comment [12]: Staffsuggests deletion of this provision and incorporation into an Interim Design Guidelines" document that would be adopted by City Council Resolution. Existing provisions in Comment [13]: Staff suggests deletion of this provision and incorporation into an Interim Design Guidelines" document that would be adopted by City Council Resolution. Existing provisions in Chapter 28 regarding the Main Street Specific Plan District would DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11— BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts TABLE 11.2.10.015 (Continued) DEVELOPMENT STANDARDS — COMMERCIAL AND MIXED -USE DISTRICTS 5,000 sq. ft. or less LC /RMD PO MSSP SC GC Additional Regulations Other Applicable Development Standards Parking and Loading See Chapter 11.4.20: Off - Street Parking and Loading Signs See Chapter 11.4.25: Sign Regulations Landscaping and Buffer Yards See Chapter 11.4.30: Landscaping and Buffer Yards Coastal Development Permit See Chapter 11.4.35: Coastal Development Permit Nonconforming Structures and Lots See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots A. Maximum Residential Density /Development Standards. 1. Calculation of Residential Density and FARs for Mixed Use Projects. Permitted residential densities for mixed -use projects shall be in addition to floor area ratios permitted for commercial uses in Table 11.2.10.015, above, within the limits of all required yard, height and other developments standards. a. FAR for Non - Residential Development. The FAR for non - residential development in the LC -RMD District is set forth in Table 11.2.10.015.A: Non - Residential FAR — LC -RMD District. TABLE 11.2.10.015.A NON - RESIDENTIAL FAR - LC -RMD DISTRICT Lot Size Maximum FAR 5,000 sq. ft. or less 0.90 More than 5,000 sq. ft. 0.75 - minimum 4,500 sq. ft. 2. Density Bonus for Mixed Use Projects. See Chapter 11.4.55: Affordable Housing Bonus regarding allowable density bonus programs. CITY OF SEAL BEACH MUNICIPAL CODE 53 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART ll — BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts 3. Residential Development Standards. The residential development standards for the LC -RMD district are as follows. a. Mixed Use Project. May only be located on the second floor in compliance with all applicable requirements of this Chapter. b. Residential Project. A residential development shall comply with all other applicable development standards for the RHD -20 district. B. Building Height. Building height requirements are set forth in Table 11.2.10.015.B: Building Height— Commercial and Mixed -Use Districts. TABLE 11.2.10.015.8 BUILDING HEIGHT — COMMERCIAL AND MIXED -USE DISTRICTS Commercial District Height LC -RMD District Lots less than 37.5 feet in width 30 feet Lots greater than 37.5 feet in width Front % of lot 25 feet, 2 story maximum Rear % of lot 35 feet, 3 story maximum PO District District 1 30 feet District lI 35 feet MSSP District 30 feet, 2 story maximum SC District District / 30 feet, 3 story maximum District 11 35 feet, 3 story maximum GC District District / 30 feet, 3 story maximum District ll 35 feet, 3 story maximum District VI 35 feet, 3 story maximum 1. Additional Height. Additional height may be allowed at specific locations designated in design guidelines, planned unit developments, or specific plans adopted by the City Council. CITY OF SEAL BEACH MUNICIPAL CODE 54 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART lI — BASE DISTRICT REGULATIONS Chapter 11.2.10— Commercial and Mixed Use Districts 2. Accessory Commercial Structures. Accessory commercial structures shall not exceed 15 feet in height. See also Section 11.4.05.010: Accessory Business Uses and Activities. C. Building Setbacks. Building Setbacks from street and alley frontages and interior lot lines are set forth in Table 11.2.10.015.C.1: Building Setbacks from Street Frontages — Commercial and Mixed -Use Districts, Table 11.2.10.015.C.2: Building Setbacks from Alleys — Commercial and Mixed -Use Districts, and Table 11.2.10.015.C.3: Building Setbacks from Interior Lot Lines — Commercial and Mixed -Use Districts. CITY OF SEAL BEACH MUNICIPAL CODE 55 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART /I —BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts TABLE 11.2.10.015.C.1 BUILDING SETBACKS FROM STREET FRONTAGES - COMMERCIAL AND MIXED -USE DISTRICTS Commercial District Street Frontage Building Setback LC -RMD District Commercial Use 6 foot average; 3 foot minimum Side Street 10% lot width; 5 foot maximum Residential Use 12 foot average; 6 foot minimum Side Street 10% lot width; 8 foot maximum PO District District 1 10 feet minimum Side Street 15% lot width; 3 foot minimum; 10 foot maximum District 11 18 feet minimum Side Street 15% lot width; 5 foot minimum; 15 foot maximum MSSP District 0 feet SC District District 1 0 feet District 11 35 feet, 3 story maximum Side Street 15% lot width; 6 foot maximum Rear Street 6 feet minimum GC District District I 0 feet District Il 35 feet, 3 story maximum Side Street 15% lot width; 6 foot maximum Rear Street 6 feet minimum District VI 18 feet minimum CITY OF SEAL BEACH MUNICIPAL CODE 56 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II — BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts TABLE 11.2.10.015.C.2 MINIMUM BUILDING SETBACKS FROM ALLEYS - COMMERCIAL AND MIXED -USE DISTRICTS Commercial District Minimum Setback Distance from Alley LC -RMD District Commercial Structure Rear Alley 22 feet Side Alley 4 feet Residential Structure (includes garage) 15 foot wide alley 9 feet 12 foot wide alley 12 feet 13 foot wide alley 11 feet Second Story and Above May encroach' / the required first floor setback PO District District i 15 foot wide rear alley 9 feet 12 foot wide rear alley 12 feet 13 foot wide rear alley 11 feet Side alley 4 feet District ll Rear alley 0 feet Side alley 0 feet MSSP District Rear Alley 22 feet Side Alley 4 feet CITY OF SEAL BEACH MUNICIPAL CODE 57 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART /I — BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts TABLE 11.2.10.015.C.2 (Continued) MINIMUM BUILDING SETBACKS FROM ALLEYS - COMMERCIAL DISTRICTS - Commercial District Minimum Setback Distance from Alley SC District District I Rear alley 22 feet Side alley 4 feet District ll Rear alley 4 feet Side alley 4 feet GC District District I Rear alley 22 feet Side alley 4 feet District H Rear alley 4 feet Side alley 4 feet District VI Rear alley 4 feet Side alley 4 feet CITY OF SEAL BEACH MUNICIPAL CODE 58 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11— BASE DISTRICT REGULATIONS Chapter 11.2.10— Commercial and Mixed Use Districts TABLE 11.2.10.015.C.3 BUILDING SETBACKS FROM INTERIOR LOT LINES - COMMERCIAL AND MIXED -USE DISTRICTS Commercial District Setback Distance from Interior Lot Lines LC -RMD District Commercial Structure 0 feet Residential Structure (includes garage) 3 feet minimum, 10 feet maximum PO District District I Side yard 10% lot width; 10 feet maximum Rear yard 10 feet minimum District H Side yard 10% lot width; 15 feet maximum Rear yard 18 feet minimum MSSP District Side yard 0 feet Rear yard 10% lot width; 10 feet maximum SC District District I Side yard 0 feet Rear yard 10% lot width; 5 feet minimum, 10 feet maximum District I/ Side yard 0 feet Rear yard 6 feet minimum CITY OF SEAL BEACH MUNICIPAL CODE 59 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART/1 — BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts TABLE 11.2.10.015.C.3 (Continued) BUILDING SETBACKS FROM INTERIOR LOT LINES - COMMERCIAL DISTRICTS Commercial District Setback Distance from Interior Lot Lines GC District District I Side yard 0 feet Rear yard 0 feet District H Side yard 0 feet Rear yard 6 feet minimum District VI Side yard 10% lot width; 10 feet maximum Rear yard 18 feet minimum 1. Building Setbacks and Landscaping Adjacent to Front Property Line. a. LC -RMD and MSSP Districts. Buildings in the LC- RMD and MSSP districts shall be located between zero and 10 feet from property lines facing a street, for at least 80 percent of the linear street frontage of the property. See Figure 11.2.10.015.C.1.a: Building Setback on Streets - LC- RMD and MSSP Districts. Up to 25% of the area between the property line and the building may be landscaped, subject to the following standards; all other setback areas shall be paved for public use. i. Landscaping along the building frontage shall not exceed a depth that prevents pedestrian access up to building windows or detracts from a pedestrian street frontage, generally 2 feet. ii. All landscaping shall be integrated into the building; the use of planter boxes at windows is encouraged. b. PO District. Buildings in the PO district shall be located between zero and 10 feet from property lines facing a street and for at least 70 percent of the linear street frontage of the property. See Figure 11.2.10.015.C.1.b: Building Setback on Streets - PO District. In the PO district, CITY OF SEAL BEACH MUNICIPAL CODE 60 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART //—BASE DISTRICT REGULATIONS Chapter 11.2 10 — Commercial and Mixed Use Districts the area between the property line and the building shall be landscaped, except for pedestrian access walkways. Figure 11.2.10.015.C.1.a Building Setback on Streets — LC -RMD and MSSP Districts =, _ .... ... x BuJdngs mAt ba loaced !)ecween 0 and 10 fee( from frwr plope• ty Ina f61 eL I bL 80% of f1011L2ye. Sre. 1 1 ! 10 focc n"mum badckT sea. -k as sweet L'era_ges. Ac kasi 75» ,—... .. • rest Se pavtd. . t Figure 11.2.10.015.C.1.b Building Setback on Streets — PO District lox • X—•; ' Suif: inp m jx; be Igcaaed bet+roron C ud 10 Free `.rom frcn: proP;ry line for at Icas( lox or fmmv. APIA =�wLJL I Sd^Lxt I - Y + 10 Lmat maximum bltikfinr setback 'I ( an street frwtapm May be paw d or fendssapet. CITY OF SEAL BEACH MUNICIPAL CODE 61 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 1I — BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts D. Minimum Yard Requirements: Building Transition Zone Adjacent to Residential Districts. 1. Residential Setback shall Apply. For any portion of a structure adjacent to an adjoining residential district boundary along a common side yard boundary the minimum required setbacks of the residential district shall apply. 2. Daylight Plane Requirements. To protect privacy and minimize sunlight blockage, structures shall not intercept a 45- degree daylight plane inclined inward starting from a height of 35 feet above existing grade at the setback line. See Figure 11.2.10.015.D: Building Transition Zone Adjacent to Residential Districts. 3. Exceptions for Parking Structures. Exceptions to the above requirements are permitted for a one -story parking or garage structure that does not exceed 10 feet in height in a side or rear yard that does not front on a street. CITY OF SEAL BEACH MUNICIPAL CODE 62 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II — BASE DISTRICT REGULATIONS Chapter 11.2. 10 — Commercial and Mixed Use Districts Figure 11.2.10.015.D Building Transition Zone Adjacent to Residential Districts Commercial /Mixed Use Across the Street from Residential CommerdaOMxed Use Zone Maximum Height 50 it (requires CUP in CC Zone) Residential Zone _ RM Minimum Minimum FmntYard FromYard Required for 10 it Residential Zone: 10 ft CommeroallMixed Use Rear Yard Abutting Rear Yard of Residential Maximum Height 50 it (requires CUP in CC Zone) CommercialWixed Use Zone I Residential Zone - RrA Mimmum RearYard Rear Yard Required for 15 ft Residential Zone: 15 it CITY OF SEAL BEACH MUNICIPAL CODE 63 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II — BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts E. Public Open Space. For buildings over 25,000 square feet outdoor open space which is accessible to the public during daytime hours shall be provided at a ratio of 25 square feet per 1,000 square feet of building. An open space area shall only be counted toward meeting the public open space requirement if it is possible to inscribe a rectangle within such area that has no side less than 15 feet in dimension. Open space(s) shall be visible from a public street and shall be located within 40 feet of the street - facing property line. 1. Exceptions: Administrative Use Permit Required. An Administrative Use Permit is required pursuant to Chapter 11.5.20: Development Permits for a public open space that is not visible from a public street and not located within 40 feet of the street - facing property line. F. Limitations on Location of Parking. 1. Parking Location Generally. Commercial and mixed -use buildings shall be placed as close to the street as possible, with parking located either behind habitable space, on the interior side or rear of the site, underground, or in parking structures. See Figure 11.2.10.015.F: Limitations on Parking and Curb Cuts. 2. Parking Location — LC -RMD, PO, and MSSP Districts. Above ground parking may not be located within 40 feet of a street facing property line in the LC -RMD, PO, and MSSP districts. a. Exceptions. Exceptions may be granted with the approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits for projects that do not meet this standard, including projects with parking on upper levels. b. Additional Findings. Additional findings for approval of an Administrative Use Permit for exceptions to this regulation are as follows: i. The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible; and any parking within 40 feet of the street facing property line is well screened with a wall, hedge, trellis, and /or landscaping. ii. The site is small and constrained such that underground parking or surface parking located more than 40 feet from street frontages is not feasible. 3. Additional Parking Facility Requirements. See Chapter 11.4.20: Off - Street Parking and Loading for additional parking facility requirements. CITY OF SEAL BEACH MUNICIPAL CODE 64 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010 PARTY -BASE DISTRICT REGULATIONS Chapter 11. 2. 10 - Commercial and Mixed Use Districts Figure 11.2.10.015.F Limitations on Parking and Curb Cuts Maximum Curb Cut Width t:np"� behind surface loo; —,d, htowards he of �e property. _jj ..Sid. .Ah 25 ft Maximum Number crCrb Cm parWr" undergound. Mdd W ._1. wrface Im towards the rear of the properly. H.— —1 ld*, 25 ft Curb Cuts on Comer Properties Lone parldng undergoundbehind cammertal f ';=rt towards the roar rf­ I— ---------- Property. T_2S S_ CITY OF SEAL BEACH MUNICIPAL CODE 65 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II — BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts G. Limitations on Curb Cuts. 1. Curb cuts are limited to a maximum of 25 feet of linear frontage for property that does not exceed 10,000 square feet in area. This may be achieved through a combination of 1 or 2 separate curb cuts. See Figure 11.2.10.015.F: Limitations on Parking and Curb Cuts. 2. Curb cuts are not allowed on lots that have alley access. 3. Curb cuts shall be located in the location least likely to impede pedestrian circulation. 4. Additional areas for curb cuts are allowed for properties over 10,000 square feet where it can be demonstrated that additional cuts are necessary to protect pedestrian safety or accommodate total vehicular traffic. H. Limitations on Location of Truck Docks, Loading, and Service Areas. Truck docks, loading, and service areas shall not be located within 50 feet of any residential district boundary or within 40 feet of a street - facing property line. These facilities shall be located at the interior side of buildings or on the rear of the site and be screened so as not to be visible from public streets. Facilities within 150 feet of a residential district shall provide screen walls and sounds attenuation to comply with a noise level of 55 CNEL at the residential district boundary. Exceptions may be granted with approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits, if an alternative location for the truck dock, loading and /or service area better protects the pedestrian environment of the commercial district and /or better shields adjoining residential neighborhoods from noise and visual impacts. 1. Exception — MSSP District. Truck docks are not permitted in the MSSP District. All loading and service shall be accomplished from either Main Street or the alleyways in such a manner as to not impede traffic to the maximum extent practicable. CITY OF SEAL BEACH MUNICIPAL CODE 66 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART// —BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts Illli+!' d N5YYNIMRYf�I �I all . -i1FYMl, .... YlAilllMilll ��dIYYY�MY1.lYI11111Y: _ CITY OF SEAL BEACH MUNICIPAL CODE 67 Comment [I4]: Staffsuagests deletion of this provision and incorporation into an "Interim Design Guidelines" document that would be adopted by City Council Resolution. Existing provisions in Chapter 28 regarding the Main Street Specific Plan District would be retained. DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11 — BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts �errrt :rtes- mi= r_�r..r.�r:r_�r_Ttz _ m one third of roof orea has a change in pitch, plane, orientation. Example o f variety in roof forms. I • may+' +� f-; - - s • • r. CITY OF SEAL BEACH MUNICIPAL CODE 68 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART II — BASE DISTRICT REGULATIONS Chapter 11.2.10— Commercial and Mixed Use Districts .. .. ._ CITY OF SEAL BEACH MUNICIPAL CODE 69 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART It — BASE DISTRICT REGULATIONS Chapter 11.2. 10 — Commercial and Mixed Use Districts C • ■1'S�i�Z17Sf!YIT,� Z1Ti�,�i1T..... CITY OF SEAL BEACH MUNICIPAL CODE 70 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11— BASE DISTRICT REGULATIONS Chapter 11.2. 10 — Commercial and Mixed Use Districts J. CITY OF SEAL BEACH MUNICIPAL CODE 71 Comment [15]: Staff suagests deletion of this provision and incorporation into an Interim Desion Guidelines" document that would be adopted by City Council Resolution. Existing orovisions in Chapter 28 regarding the Main I Street Specific Plan District would 1 be retained. DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010 PART 11- BASE DISTRICT REGULATIONS Chapter 11.2.10 - Commercial and Mixed Use Districts K. Building Orientation. 1. Primary Entrance Toward Public Street. All buildings located along a public street shall be oriented toward, and have their primary entrances toward, the public street. a. Exception: Administrative Use Permit Required. An Administrative Use Permit is required pursuant to Chapter 11.5.20: Development Permits for a building located along a public street that is not oriented toward, and does not have their primary entrances toward, the public street. 2. Interior Buildings - Entrance from Sidewalk. All buildings and dwelling units located in the interior of a site shall have entrances from sidewalks that are designed as an extension of the public sidewalk and connect to a public sidewalk -- ' - 1. High Qualky Building Matffia'G- SUildincl rn-ilzc 8 Fall; "red on 0he gFound -hall be high quality dwable=Fmatapkal�-'17 CITY OF SEAL BEACH MUNICIPAL CODE 72 Comment [I6]: Staffsuguests deletion of this provision and incorporation into an "Interim Design Guidelines" document that would be adopted by City Council Resolution. Existing provisions in Chapter 28 regarding the Main Street Specific Plan District would be retained DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11- ZONING, FEBRUARY 2010 PART ll - BASE DISTRICT REGULATIONS Chapter 11.2.10 - Commercial and Mixed Use Districts -- M--s w • �- - - - - low• • • ON Greater level of articulation on ground floor E- Rr Minimum building transparency. 60% of frontage with views to interior :�- High quality building materials: concrete stone, tile, masonry Minimum 2 ft base of high quality durable materials - not glass N. Open Space Requirements for Residential Uses. A minimum of 100 square feet of open space is required per residential unit and may be provided as common or private open space. O. Required Side and Rear Yards for Residential Uses. In order to provide light and air for residential units, the following minimum setbacks apply CITY OF SEAL BEACH MUNICIPAL CODE 73 Comment [I7]: Staffsuaaests deletion of this provision and incorporation into an Interim Desian Guidelines" document that would be adopted by City Council Resolution. DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART lI — BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts for any side or rear yard not fronting a street. When the site is adjacent to a residential district, the standards of subsection 11.2.10.015.D - Minimum Yard Requirements: Building Transition Zone Adjacent to Residential Districts, above also apply, and the project must comply with whichever standard is stricter. The length of the required setbacks must be at least the width of the window plus 3 feet on either side and never less than 10 feet: 1. 5 feet for any wall with windows. 2. 10 feet for any wall with bedroom or kitchen windows. 3. 15 feet for any wall with living room or other primary windows. 4. The building shall be set back 1 foot for every 2 feet of height above 35 feet. See Figure 11.2.10.015.0: Required Side and Rear Yards for Residential Uses in Mixed Use Zones. Figure 11.2.10.015.0 Required Side and Rear Yards for Residential Uses in Mixed Use Zones SEC770N l I 1 1 1 MIn. Min. i �I •' Isfc 10 ft. Sh!I —' i L�1 i Primary Living Bedroom and All Other Area Wmdows Kitchen Windows Windows PLAN Primary Citing Bedroom and All Omer AreaWmdows Knchen Windows Windows Length of the setback must i • be at Mast the width of the window plus 3 feet on each side.and never less Mm. -- 1 than 10 feet. Is =. Min. -Y! +- Mhn.3 10 R on each side + Min. !_— _— _— _______ h —`�! 5k Adjacent Property Mhn. 10 ft. CITY OF SEAL BEACH MUNICIPAL CODE 74 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11— BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts P. Consistency with Design Guidelines, Specific Plans, or Area Plans Adopted by the City Council. All projects shall be consistent with any design guidelines, planned unit developments, specific plans, or other similar documents that give specific guidance for development on private property and public improvements. Q. Pedestrian Access to Buildings Set Back from the Street. If an Administrative Use Permit is approved for buildings in the LC /RMD or MSSP districts set back farther than the minimum 10 -foot setback requirement, the following standards shall apply: 1. To Neighbors. Direct and convenient access shall be provided from commercial and mixed -use projects to adjoining neighborhood residential and commercial areas. These connections shall remain accessible at all times and not be gated. 2. To Street Network. Pedestrian access from the public right - of -way to the primary uses on the site shall occur as often as necessary to connect the on -site walkways and the public sidewalk. Landscape strips shall be crossed for pedestrian access at regular intervals. When pedestrian access to a site is in the same location as automobile entries (i.e. at driveways), the auto and pedestrian paths shall be separated from each other by a curb. The pedestrian access shall be integrated with the parking lot landscaping so as to provide a shaded walkway. 3. To Transit. Safe shall be provided from transit stops to and pedestrian walkways. Sidewalk required at potential bus stops. and convenient pedestrian connections building entrances with public sidewalk "bulb-outs" or bus "pull- outs" may be 4. Pedestrian Walkway Design. a. Primary pedestrian routes and access points shall be specially treated and include trees at regular intervals, adequate fighting, and paving that distinguishes pedestrian from automobile areas. A minimum 5 -foot wide clear walkway is required to ensure pedestrian safety. b. All dedicated pedestrian routes, including those through parking areas, shall be separated from automobile routes by a curb. R. Projections. 1. Projections into Required Yards. Projections into required yards are permitted subject to the following standards: a. Architectural Features. Architectural features, such as bay windows not exceeding 10 feet in length, cornices, eaves, canopies, and CITY OF SEAL BEACH MUNICIPAL CODE 75 DRAFT 2010 COMPREHENSIVE UPDATE TITLE 11— ZONING, FEBRUARY 2010 PART 11— BASE DISTRICT REGULATIONS Chapter 11.2.10 — Commercial and Mixed Use Districts chimneys may not extend closer than 3 feet to any side lot line or more than 4 feet into any required front or rear setback. b. Stairs, Decks, and Balconies. Open uncovered stair landings, decks, and balconies 12 feet or less in length and less than 6 feet above grade may not extend closer than 3 feet to any side lot line or more than 4 feet into any required front or rear setback. ow------------- - -------- - -------- - - ------- - -- - - - - - - - - - - - - - - - b. § 11.2.10.020 Review of Plans. All development is subject to review under the City's Administrative provisions, found in Part V: Land Use and Zoning Decisions, of this Title. CITY OF SEAL BEACH MUNICIPAL CODE 76 Comment [18]: Provisions deleted based on City Council adoption of Zone Text Amendment 10-2 on May 10, 2010. REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART// —BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts Chapter 11.2.15 Light Manufacturing and Oil Extraction Districts Sections: § 11.2.15.005 Applicability § 11.2.15.010 Land Use Regulations § 11.2.15.015 Development Standards § 11.2.15.020 Review of Plans § 11.2.15.005 Applicability. The provisions of this Chapter are applicable to the following Zoning Code district designations: LM: Light Manufacturing. To allow sites in a business park environment for moderate- to low- intensity commercial services and light manufacturing uses. OE: Oil Extraction. To allow for oil extraction and related production storage and processing, maintenance facilities, and related operational and maintenance facilities. § 11.2.15.010 Land Use Regulations. Table 11.2.15.010: Use Regulations — Light Manufacturing and Oil Extraction Districts prescribes the land use regulations for the Light Manufacturing and Oil Extraction districts. The regulations for each district are established by letter designations as follows: "P" — Uses permitted as-of -right that require no discretionary review if in compliance with all standards. "L" — Uses permitted as -of -right subject to limitations restricting location, size, or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 11.2.15.010: Use Regulations — Light Manufacturing and Oil Extraction Districts. "A" — Uses subject to an Administrative Use Permit following discretionary review by the Director pursuant to Chapter 11.5.20: Development Permits. CITY OF SEAL BEACH MUNICIPAL CODE 77 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART// — BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts "C" — Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission pursuant to Chapter 11.5.20: Development Permits. " —" — Uses that are not permitted. The "Additional Regulations" column includes specific regulations applicable to the use classification, and specifies regulations located elsewhere in this Zoning Code. Use classifications are defined in Chapter 11.4.85: Use Classifications. Use classifications not listed in the table below are prohibited. TABLE 11.2.15.010 USE REGULATIONS — LIGHT MANUFACTURING AND OIL EXTRACTION DISTRICTS LM OE Additional Regulations Light Manufacturing Use Types Contractors' Yards C -- Drilling Operations -- C Limited to the extraction of oil, gas, or other hydrocarbon products Handicraft/Custom Manufacturing P -- Manufacturing, Light P -- Manufacturing, Medium P -- Maintenance Yards, Outside C C See Section 11.4.05.090 Separation Facilities __ C Limited to oil and gas separation facilities. Storage Tanks A C Veterinary Hospital A -- Warehousing and Storage P -- Indoor Commercial Storage P -- Outdoor Storage C -- See Section 11.4.05.090 Personal Storage C -- CITY OF SEAL BEACH MUNICIPAL CODE 78 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART II — BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts TABLE 11.2.15.010 (Continued) USE REGULATIONS - LIGHT MANUFACTURING AND OIL EXTRACTION DISTRICTS LM I OE I Additional Regulations Transportation, Communication and Utility Use Types Wireless Communication Facilities C C See Chapter 11.4.70: Wireless Telecommunications Facilities Antennae and Transmission Towers C C Facilities Within Buildings P P Recycling Facilities Recycling Collection Point C -- Recycling Processing Facility C -- Reverse Vending Machines P -- Utilities, Major A A See Chapter 11.4.60: Hazardous Waste Facilities Hazardous Waste Facility C -- Utilities, Minor A A Agriculture Use Types Nurseries P -- Other Applicable Use Regulations Accessory Use See Section 11.4.05.010: Accessory Business Uses and Activities Temporary Use See Chapter 11.5.25: Director Determinations § 11.2.15.015 Development Standards. Table 11.2.15.015: Development Standards — Light Manufacturing and Oil Extraction Districts prescribes the development standards for the light manufacturing and oil extraction districts. The "Additional Regulations" column indicates more detailed explanations or regulations that follow the table (by letter designation) or that are located elsewhere in this Zoning Code. CITY OF SEAL BEACH MUNICIPAL CODE 79 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART II — BASE DISTRICT REGULATIONS Chapter 11.2.15. Light Manufacturing and Oil Extraction Districts TABLE 11.2.15.015 DEVELOPMENT STANDARDS — LIGHT MANUFACTURING AND OIL EXTRACTION DISTRICTS LM OE Additional Regulations Lot Size and Density Minimum Lot Size (sq. ft.) 10,000 -- Width 100 Depth 100 Maximum Floor Area Ratio 5.0 Building Form and Location Maximum Building Height (ft.) Site less than 10 acres 35 Site more than 10 acres 75 Accessory Structure (ft) Site less than 10 acres 15 Site more than 10 acres 20 Minimum Yard Requirements (ft) Front Yard 15 Side Yard Abutting Street 15 Interior Lot Line 15 Rear Yard Abutting Street 15 Interior Lot Line 15 Landscaping and Open Space Minimum lot area to be landscaped 10% 10% Minimum required front yard to be landscaped 70% -- CITY OF SEAL BEACH MUNICIPAL CODE 80 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART 11— BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts TABLE 11.2.15.015 (Continued) DEVELOPMENT STANDARDS — LIGHT MANUFACTURING AND OIL EXTRACTION DISTRICTS Other Applicable Development Regulations Accessory Use See Section 11.4.05.010: Accessory Business Uses and Activities Temporary Use See Chapter 11.5.25: Director Determinations A. Use Permit Development Standards. If a use permit is required, the Administrative or Conditional Use Permit shall establish all final development standards. Inq 1,7VAIM-r-M- H offi • • CITY OF SEAL BEACH MUNICIPAL CODE 81 Comment [I3]: Staffsuggests deletion of this entire section and incorporation into an `Interim Design Guidelines" document that would be adopted by City Council Resolution. REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART II — BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts 50 ft 4I Repeated pattern of offsets of smaller depth I Soft Offset of significant depth min. i 50 4 —� 2 ft. min. 50 ft 4k r 2 ft. I�B tc I I min. 1 I ` 50 k 25 ft 25 k CITY OF SEAL BEACH MUNICIPAL CODE 82 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART ll — BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts CITY OF SEAL BEACH MUNICIPAL CODE 83 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART 11— BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts C. Consistency with Design Guidelines, Specific Plans, or Area Plans Adopted by the City Council. All projects shall be consistent with any design guidelines, planned unit developments. specific plans, or other similar documents that give specific guidance for development on private property and public improvements. D. Projections. 1. Projections into Required Yards. Projections into required yards are permitted subject to the following standards: a. Architectural Features. Architectural features may not extend closer than 3 feet to any side lot line and not more than 4 feet into any required front or rear setback. b. Stairs, Decks, and Balconies. Open uncovered stair landings, decks and balconies 12 feet or less in length and less than 6 feet above grade may not extend closer than 3 feet to any side lot line and not more than 4 feet into any required front or rear setback. 2. Comment [12]: Section has ::-7 ---------------------- -------- - - - - -" been deleted pursuant to City StaiF towers, + + flagpoles, + Council adoption of Zone Text tanks, and Feet + building makinted WiFeleSS WOW , Amendment 10 -2 on May 10, 2010. • E. Other Applicable Development Regulations. The following regulations shall also apply: ❑ General Site Standards See Chapter 11.4.10 ❑ Fences, Hedges, and Walls See Chapter 11.4.15 ❑ Off - Street Parking and Loading See Chapter 11.4.20 ❑ Sign Regulations See Chapter 11.4.25 ❑ Landscaping and Buffer Yards See Chapter 11.4.30 ❑ Coastal Development Permit See Chapter 11.4.35 ❑ Nonconforming Uses, Structures, and Lots See Chapter 11.4.40 CITY OF SEAL BEACH MUNICIPAL CODE 84 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART II —BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts § 11.2.15.020 Review of Plans All development is subject to development review under the City's Administrative provisions found in Part V: Land Use and Zoning Decisions, of this Zoning Code. CITY OF SEAL BEACH MUNICIPAL CODE 85 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART II — BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts Page has been intentionally left blank CITY OF SEAL BEACH MUNICIPAL CODE 86 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART II — BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts Chapter 11.2.20 Public and Semi - Public Facilities Districts Sections: § 11.2.20.005 Applicability § 11.2.20.010 Land Use Regulations § 11.2.20.015 Development Standards § 11.2.20.020 Review of Plans § 11.2.20.005 Applicability. The provisions of this Chapter are applicable to the following Zoning Code district designations: PS: Public and Semi - Public. To allow appropriate public uses, including private utilities (electrical, gas, water, and telecommunications), schools (both private and public), and other city, county, state, or federal facilities. , RG: Recreational Golf. To allow golf courses and associated club houses, maintenance facilities, accessory concession sales, and related plant nurseries. § 11.2.20.010 Land Use Regulations. Table 11.2.20.010: Use Regulations — Public and Semi- Public Facilities Districts, prescribes the land use regulations for the public and semi - public facilities districts. The regulations for each district are established by letter designations as follows: "P" — Uses permitted as -of -right that require no discretionary review if in compliance with all standards. "L" — Uses permitted as-of -right subject to limitations restricting location, size, or other characteristics to ensure compatibility with surrounding uses. Limitations are referenced by number designations listed at the end of Table 11.2.20.010: Use Regulations — Public and Semi - Public Facilities Districts. "A" — Uses subject to an Administrative Use Permit following discretionary review by the Director pursuant to Chapter 11.5.20: Development Permits. CITY OF SEAL BEACH MUNICIPAL CODE 87 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART// — BASE DISTRICT REGULATIONS Chapter 11.2.15. Light Manufacturing and Oil Extraction Districts "C" — Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission pursuant to Chapter 11.5.20: Development Permits. "— "— Uses that are not permitted. The "Additional Regulations" column includes specific regulations applicable to the use classification and specifies regulations located elsewhere in this Zoning Code. Use classifications are defined in Chapter 11.4.85: Use Classifications. Use classifications not listed in the table below are prohibited. TABLE 11.2.20.010 USE REGULATIONS — PUBLIC AND SEMI- PUBLIC FACILITIES DISTRICTS PS I RG Additional Regulations Residential Use Types Single -Unit Residential __ C See Chapter 11.2.05 and only in conjunction with a golf course See Chapter 11.2.05 and Multiple -Unit Residential __ C Section 11.4.05.110 and only in conjunction with a golf course Public, Semi - Public, and Service Use Types Cemeteries C -- Limited to facilities for Clubs and Lodges C -- nonprofit organizations and governmental buildings and uses. Community Center C -- Community Social Service Facilities -- Cultural Institutions C -- Day Care Centers C P P - Only in conjunction with a golf course facility Government Offices C -- CITY OF SEAL BEACH MUNICIPAL CODE 88 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART ll —BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts TABLE 11.2.20.010 (Continued) USE REGULATIONS — PUBLIC AND SEMI - PUBLIC FACILITIES DISTRICTS PS I RG Additional Regulations Public, Semi - Public, and Service Use Types (Continued) Park and Recreation Facilities P P Parking Facilities, Public L -1 L -2 See Chapter 11.4.20: Off - Street Parking and Loading Public Maintenance and Service A Facilities Public Safety Facilities A -- Commercial Use Types Only as an accessory use, Driving Range -- C when in connection with a private golf course. Eating and Drinking Establishments -- Restaurants, Full Service Only as an accessory use, Restaurants, Limited Service C C when in connection with a Restaurants, Take Out Only club, lodge, or private golf course. See also Sections 11.4.05.015 and 11.4.05.090. Golf Course, Private -- C Clubhouse -- C Conference Facilities -- C Parking Facilities __ P See Chapter 11.4.20: Off - Street Parking and Loading Only as an accessory use, when in connection with a Personal Improvement Services -- C club, lodge, or private golf course. CITY OF SEAL BEACH MUNICIPAL CODE 89 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART ll — BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts TABLE 11.2.20.010 (Continued) USE REGULATIONS — PUBLIC AND SEMI - PUBLIC FACILITIES DISTRICTS PS I RG I Additional Regulations Transportation, Communication, and Utility Use Types Communication Facilities C C See Chapter 11.4.70: Wireless Telecommunications Facilities Utilities, Major C C Utilities, Minor C C Other Applicable Use Regulations Accessory Use See Section 11.4.05.010: Accessory Business Uses and Activities Nonconforming Use See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 11.5.25: Director Determinations L -1: Limited to facilities related to, and in conjunction with, authorized public and semipublic facilities; otherwise requires a use permit. L -2: Limited to facilities related to, and in conjunction with, authorized private golf course; otherwise requires a use permit § 11.2.20.015 Development Standards. A. Applicable Base District. 1. Generally. The regulations of the surrounding base district shall serve as a guide for establishing appropriate development regulations. 2. Use Different From Base District Uses. In cases where structures or components of the proposed use are not addressed by the regulations of the base district, the Director may require compliance with development standards from other base districts. 3. Multiple Base Districts. In cases where there is more than one base district surrounding or abutting the property, the Director shall determine which base district regulations shall apply. 4. Director Determination. Applicants should request a Director Determination of the applicable base district, pursuant to Section 11.5.25.010: Zoning Conformance Review Procedure, prior to preparing an application for CITY OF SEAL BEACH MUNICIPAL CODE 90 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART// —BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts development. Applicants may also request an optional pre - application review as described in Chapter 11.5.10: General Procedures. B. Use Permit Development Standards. If a use permit is required, the Administrative or Conditional Use Permit shall establish all final development standards. C. Other Applicable Development Regulations. The following regulations shall also apply: ❑ General Site Standards ❑ Fences, Hedges, and Walls ❑ Off - Street Parking and Loading ❑ Sign Regulations ❑ Landscaping and Buffer Yards ❑ Coastal Development Permit § 11.2.20.020 Review of Plans. See Chapter 11.4.10 See Chapter 11.4.15 See Chapter 11.4.20 See Chapter 11.4.25 See Chapter 11.4.30 See Chapter 11.4.35 All development is subject to development review under the City's Administrative provisions found in Part V: Land Use and Zoning Decisions of this Zoning Code. CITY OF SEAL BEACH MUNICIPAL CODE 91 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART ll — BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts Page has been intentionally left blank CITY OF SEAL BEACH MUNICIPAL CODE 92 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART lI — BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts Chapter 11.2.25 Open Space, Parks, and Recreation Districts Sections: § 11.2.25.005 Applicability § 11.2.25.010 Limits on Calculation of Parks § 11.2.25.015 Land Use Regulations § 11.2.25.020 Development Standards § 11.2.25.025 Review of Plans § 11.2.25.005 Applicability. The provisions of this Chapter are applicable to the following Zoning Code district designations: OS -N: Open Space - Natural. To preserve publicly owned parklands, environmentally sensitive lands and habitats in their natural state. Uses permitted shall be limited to those that maintain the property in its natural state. OS -PR: Open Space - Parks and Recreation. To provide appropriately located areas for recreation and recreational uses. Uses permitted shall be limited to those that are devoted to public recreation including parks, playgrounds, swimming centers, tennis and basketball courts, golf courses, community centers within the facilities, and accessory concession sales. § 11.2.25.010 Limits on Calculation of Parks. No privately owned parks located in the OS -PR district shall be counted towards parklands or other publicly accessible open space areas required by the General Plan. § 11.2.25.015 Land Use Regulations. Table 11.2.25.015 prescribes the land use regulations for open space and parks districts. The regulations for each district are established by letter designations as follows: "P" — Uses permitted as -of -right that require no discretionary review if in compliance with all standards. "L" — Uses permitted as-of -right subject to limitations restricting location, size, or other characteristics to ensure compatibility with surrounding uses. Limitations are CITY OF SEAL BEACH MUNICIPAL CODE 93 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART// —BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts referenced by number designations listed at the end of Table 11.2.25.015: Use Regulations - Open Space and Parks Districts. "A" - Uses subject to an Administrative Use Permit following discretionary review by the Director pursuant to Chapter 11.5.20: Development Permits. "C° - Uses subject to a Conditional Use Permit following discretionary review and public hearing by the Planning Commission pursuant to Chapter 11.5.20: Development Permits. " - "- Uses that are not permitted. The "Additional Regulations" column includes specific regulations applicable to the use classification and specifies regulations located elsewhere in this Zoning Code. Use classifications are defined in Chapter 11.4.85: Use Classifications. Use classifications not listed in the table below are prohibited. TABLE 11.2.25.015 USE REGULATIONS -.OPEN SPACE AND PARKS DISTRICTS OS - N OS - PR Additional Regulations Public, Semi - Public, and Service Use Types Cemeteries — C Clubs and Lodges -- — Community Center — L -1 Cultural Institutions — C See Section 11.4.05.080 Day Care Centers — C See Section 11.4.05.045 Park and Recreation Facilities L -2 P See Chapter 11.4.20: Parking Facilities, Public L -1 L -1 Off - street Parking and Loading For the accommodation of operations which are Public Safety Facilities A A essential to the maintenance of public safety, including fire stations. CITY OF SEAL BEACH MUNICIPAL CODE 94 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART II —BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts TABLE 11.2.25.015 (Continued) USE REGULATIONS — OPEN SPACE AND PARKS DISTRICTS OS - N OS - PR Additional Regulations Public, Semi - Public, and Service Use Types (Continued) Commercial Use Types Commercial Recreation Large -Scale (Greater Than 20,000 _ C Sq. Ft.) Small -Scale (Less Than 20,000 Sq. _ A Ft.) Eating and Drinking Establishments Restaurants, Full Service Limited only to Restaurants, Limited Service _ A concessions for snacks Restaurants, Take Out Only and beverages as an accessory use in connection with any other authorized use. See also Section 11.4.05.090: Outdoor Dining, Display and Sales Standards Food and Beverage Sales Limited only to concessions for snacks Convenience Market — A and beverages as an accessory use in connection with any other authorized use. Limited only to concessions for snacks General Market — A and beverages as an accessory use in connection with any other authorized use. CITY OF SEAL BEACH MUNICIPAL CODE 95 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART II — BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts TABLE 11.2.25.015 (Continued) USE REGULATIONS — OPEN SPACE AND PARKS DISTRICTS OS - N OS - PR Additional Regulations Transportation, Communication, and Utility Use Types See Chapter 11.4.70: Communication Facilities Wireless Telecommunications Facilities Utilities, Major C C Utilities, Minor j A j A Agricultural Use Types Crop Raising A A Nurseries L -1 L -1 Other Use Types Accessory Use See Section 11.4.05.010: Accessory Business Uses and Activities Temporary Use See Chapter 11.5.25: Director Determinations L -1: Limited to facilities related to and in conjunction with park and public recreational facilities. Otherwise, requires a Conditional Use Permit. L -2: Limited to trails, wildlife preserves, and open space uses that maintain the property in its natural state. No building, structure, or improvements shall be constructed in these areas, except for those required for public access, public restrooms, interpretative and educational facilities, public signage, trash containers, parking facilities, and facilities needed for protecting environmental resources and general upkeep and maintenance of the property. CITY OF SEAL BEACH MUNICIPAL CODE 96 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART ll —BASE DISTRICT REGULATIONS Chapter 11.2.15: Light Manufacturing and Oil Extraction Districts § 11.2.25.020 Development Standards. A. Applicable Base District. 1. Generally. The regulations of the surrounding base district shall serve as a guide for establishing appropriate development regulations. 2. Use Different From Base District Uses. In cases where structures or components of the proposed use are not addressed by the regulations of the base district, the Director may require compliance with development standards from other base districts. 3. Multiple Base Districts. In cases where there is more than one base district surrounding or abutting the property, the Director shall determine which base district regulations shall apply. 4. Director Determination. Applicants should request a Director Determination of the applicable base district pursuant to Section 11.5.25.010: Zoning Conformance Review Procedure prior to preparing an application for development. Applicants may also request an optional pre - application review as described in Chapter 11.5.10: General Procedures. B. Use Permit. If a use permit is required, the Administrative or Conditional Use Permit shall establish all final development standards. C. Other Applicable Development Regulations. The following regulations shall also apply: ❑ General Site Standards See Chapter 11.4.10 • Fences, Hedges, and Walls See Chapter 11.4.15 • Off - Street Parking and Loading See Chapter 11.4.20 ❑ Sign Regulations See Chapter 11.4.25 ❑ Landscaping and Buffer Yards See Chapter 11.4.30 ❑ Coastal Development Permit See Chapter 11.4.35 ❑ Nonconforming Uses, Structures, and Lots See Chapter 11.4.40 CITY OF SEAL BEACH MUNICIPAL CODE 97 REVISED FINAL DRAFT TITLE 11— ZONING, JULY 2008 PART 11— BASE DISTRICT REGULATIONS Chapter 11.2.15. Light Manufacturing and Oil Extraction Districts § 11.2.25.025 Review of Plans. All development is subject to development review under the City's Administrative provisions, found in Part V: Land Use and Zoning Decisions of this Zoning Code. CITY OF SEAL BEACH MUNICIPAL CODE 98 ATTACHMENT 12 PROPOSED "INTERIM COMMUNITY GUIDELINES" INTERIM COMMUNITY GUIDELINES Draft June 14, 2010 City of Seal Beach SEAi� of d -of°' Department of Development Services 211 Eighth Street, Seal Beach, CA 90740 `Ry�INTr. CP Information: (562) 431 -2527 FAX: (562) 430 -8763 INTERIM COMMUNITY GUIDELINES Draft June 14, 2010 DE S1-1 B +�;,oF,� City of Seal Beach Department of Development Services ^ANTS 211 Eighth Street, Seal Beach, CA 90740 Information: (562) 431 FAX: (562) 430 -2527 -8763 Interim Community Guidelines STAFF CONTACTS Carmen Alvarez, Executive Assistant Phone: (562) 431 -2527, Ext 1324 E -Mail: calvarez @ci.seal - beach.ca.us Jerry Olivera, AICP, Senior Planner Phone: (562) 431 -2527, Ext 1316 E -Mail: jolivera @ci.seal- beach.ca.us Mark Persico, AICP Director of Development Services Phone: (562) 431 -2527, Ext 1313 E -Mail: mpersico @ci.seal- beach.ca.us Draft —June 14, 2010 Purpose of Community Guidelines The Community Guidelines allow for construction of new residential, commercial, mixed -use, and industrial projects with maximum architectural freedom while recognizing that community character and context matter. The Guidelines convey a set of clear and concise community goals and desires related to new construction. The intent of these guidelines is to retain and encourage architectural variety, promote quality development, and ensure that new development: ❑ Is compatible in size, scale, and appearance with the character of Seal Beach. ❑ Is attractive and an asset to the community. ❑ Considers incorporation of quality articulation, multiple building forms, desirable building details, and other elements that display excellence in design. ❑ Provides pedestrian- oriented design to enrich the pedestrian experience. ❑ Promotes the use of high quality materials The guidelines have been written to make it easy for a property owner, architect, developer, and City staff, to use. The guidelines describe desirable architectural design concepts for consideration by a property owner and architect for residential, commercial, industrial, and mixed -use projects. The guidelines serve as an information tool that can provide a link between a property owner, the designer or developer, and the City and will clarify the desired aspects of quality design for Seal Beach. The following guidelines are intended to provide a general framework for design, and do not mandate specific architectural styles, themes, or details. Draft —June 14, 2010 City of Seal Beach iot SEA'B�f Department of Development Services o; tRa 211 Eighth Street, Seal Beach, CA 90740 Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Purpose of Community Guidelines The Community Guidelines allow for construction of new residential, commercial, mixed -use, and industrial projects with maximum architectural freedom while recognizing that community character and context matter. The Guidelines convey a set of clear and concise community goals and desires related to new construction. The intent of these guidelines is to retain and encourage architectural variety, promote quality development, and ensure that new development: ❑ Is compatible in size, scale, and appearance with the character of Seal Beach. ❑ Is attractive and an asset to the community. ❑ Considers incorporation of quality articulation, multiple building forms, desirable building details, and other elements that display excellence in design. ❑ Provides pedestrian- oriented design to enrich the pedestrian experience. ❑ Promotes the use of high quality materials The guidelines have been written to make it easy for a property owner, architect, developer, and City staff, to use. The guidelines describe desirable architectural design concepts for consideration by a property owner and architect for residential, commercial, industrial, and mixed -use projects. The guidelines serve as an information tool that can provide a link between a property owner, the designer or developer, and the City and will clarify the desired aspects of quality design for Seal Beach. The following guidelines are intended to provide a general framework for design, and do not mandate specific architectural styles, themes, or details. Draft —June 14, 2010 City of Seal Beach SEA('°` °f'�y Department of Development Services Ag 211 Eighth Street, Seal Beach, CA 90740 Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Residential Districts Overview Any good design should take into consideration fundamental design principals including continuity, mass, scale, rhythm, and proportion. All new buildings and remodels should incorporate 360- degree architecture, which is encouraged to consider the full articulation of all building facades, including variation in massing, roof forms, wall planes, and surface articulation. The following guidelines are intended to provide a general framework for design, and do not mandate specific architectural styles, themes, or details. Residential District Community Guidelines A. RLD -9 District — Ratio of Second Floor to First Floor. In the RLD -9 District, a ratio of second floor living area to first floor building area of 75% is recommended, except for the RLD -9 District area along Ocean Avenue between First Street and Eighth Street, which does need to consider such a ratio.. B. RLD -9 District - Minimum Rear Yards. In the RLD -9 District, a minimum rear yard setback of 15 feet is recommended, except for the RLD -9 District area along Ocean Avenue between First Street and Eighth Street, which has a 96 -foot rear yard setback requirement. 1. Reduced Rear Yard — RLD -9 District. The recommended rear yard setback set forth above may be reduced to 10 feet for single -story portions of single -unit dwellings in the RLD -9 District if all of the following can be provided: a. The rear half of the lot still contains a usable yard area at least equal to the recommended minimum rear yard (determined by multiplying the recommended rear setback by the actual width of the lot). See Figure RG B.1: Useable Rear Yard — RLD -9 District. b. The recommended rear yard dimension reduction will avoid or reduce an upper -story addition, and there will be no adverse impact on adjacent properties. Draft —June 14, 2010 City of Seal Beach of SEAL P Department of Development Services 211 Eighth Street, Seal Beach, CA 90740 �hT Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Residential Districts Community Guidelines (Continued) Y Figure RG B.1 Useable Rear Yard - RLD -9 District U Shaded area with H T ! Minimum endured sr (ss k R at ' h 10 k ' Minimum bast cq� a1 ra s!asded ^"°" I °" 9 reyuited area (X - Y) in I Maximum , rear yard Wndarerca_ yard. i Gnc Story ► I I j j I Standard ReorYord Required Reduction err ReorYard Setback aftwed ue tir admFnwatirc Use Permit. C. Building Entrance. The principal entryway of each residential building should incorporate a projection, recess, or combination of projection and recess of at least 20 square feet, with a minimum depth of 4 feet. D. Facade Articulation - Lots Greater than 25 Feet in Width. In the RLD, RMD and RHD districts, all street - facing facades on lots greater than 25 feet in width should have at least 1 horizontal or vertical projection or recess at least 4 feet in depth, or 2 projections or recesses at least 2.5 feet in depth, for every 25 linear feet of wall. The articulated elements should occupy at least 50 percent of the height of the structure, and may be grouped rather then evenly spaced in 25 -foot modules. Refer to Figure RG D: Facade Articulation - Lots Greater than 25 Feet in Width. Draft — June 14, 2010 City of Seal Beach �E SEAI g a _ Department of Development Services �` MFG 4C' z+."d �•l �S B2 211 Eighth Street, Seal Beach, CA 90740 Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Residential Districts Community Guidelines (Continued) Figure RG D Facade Articulation — Lots Greater than 25 Feet in Width Oft 2.5 ft 25 ft 25 ft Street - facing facades shall have at least one projection or recess at least 4 feet in depth, or two projections or recesses at least 2.S feet in depth, for every 25 linear feet of wall. E. Windows and Trim. All street - facing windows should have articulation at least 2 inches in depth that creates architectural interest and shadow, achieved either with a window recess, trim, or an alternative design. F. Additional Front Setback Above 14 Feet. Any portion of the building above 14 feet that exceeds 70% of the maximum front building elevation should be stepped back from the front setback line a distance of at least 8% of the lot depth, up to 12 feet. See Figure RG F: Front Setback Above 14 Feet. Draft —June 14, 2010 City of Seal Beach of sEac s Department of Development Services ps =a• 211 Eighth Street, Seal Beach, CA 90740 J 99s •- v `eG�g Information: (562) 431 -2527 FAX: (562) 430 -8763 Cz,tikT, Interim Community Guidelines Residential Districts Community Guidelines (Continued) Figure RG F Front Setback Above 14 Feet G. Additional Side Setback or Stepback Above 14 Feet. 1. Lots Less than 37.5 Feet Wide. A side wall of a building above 14 feet in height less than 5 feet from an interior side lot line should not extend in an unbroken plane for more than 40 linear feet along the interior side lot line. A perpendicular wall articulation in the wall plane of not less than 4 feet, for a distance of 10 feet, should be provided. Such wall plane perpendicular wall articulation is required on one side of the structure. See Figure RG G.1: Side Wall Articulation Above 14 Feet — Lots Less than 37.5 Feet Wide. Draft —June 14, 2010 of SEA`BF City of Seal Beach Department of Development Services 211 Eighth Street, Seal Beach, CA 90740 Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Residential Districts Community Guidelines (Continued) Figure RG G.1 Side Wall Articulation Above 14 Feet — Lots Less than 37.5 Feet Wide 2. Lots 37.5 Feet Wide or Wider. Any portion of the side elevation of a building above 14 feet that exceeds 60% of the maximum side building elevation should be stepped back from the side setback line a distance of 1 foot for every 2.5 feet of building height above 14 feet, up to 21 feet of building height. See Figure RG G.2: Side Stepback Above 14 Feet — Lots 37.5 Feet Wide or Wider. Draft —June 14, 2010 City of Seal Beach io�F✓SEBF Department of Development Services 211 Eighth Street, Seal Beach, CA 90740 Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Residential Districts Community Guidelines (Continued) Figure RG G.2 Side Stepback Above 14 Feet — Lots 37.5 Feet Wide or Wider e srep- I feet H. Design of Building Additions. Design elements used in additions to existing buildings, including but not limited to exterior materials, windows, railings, porches, and decorative elements, should not be designed in a manner which is substantially and obviously incompatible with the design elements of the existing building. See Figure RG H: Design of Building Additions. Draft —June 14, 2010 Residential Districts Community Guidelines (Continued) Figure RG H Design of Building Additions D!:-i1KA11LL LUVATInN J,L-qfjj,tO I MMS11EAVUE FLEVAIJ0.1; City of Seal Beach Department of Development Services 211 Eighth Street, Seal Beach, CA 90740 r !.n or 41-d Information: (562) 431-2527 FAX: (562) 430-8763 Interim Community Guidelines Residential Districts Community Guidelines (Continued) Figure RG H Design of Building Additions D!:-i1KA11LL LUVATInN J,L-qfjj,tO I MMS11EAVUE FLEVAIJ0.1; I 4apped Wl&g Elmmmiis, FortmrAn' Design Featires, anJ Smaller Ar&k&cwra! Con—pments T Encouraged InSI Residence 2 Z Encouraged Of SULABLE sol AAN ;7NOMAKA8LE Srrc rL.%.x Addion 6 Encouraged Discouraged Infill Residence T Discouraged Draft — June 14, 2010 r !.n or 41-d ,' i1h fit M.-IM I 4apped Wl&g Elmmmiis, FortmrAn' Design Featires, anJ Smaller Ar&k&cwra! Con—pments T Encouraged InSI Residence 2 Z Encouraged Of SULABLE sol AAN ;7NOMAKA8LE Srrc rL.%.x Addion 6 Encouraged Discouraged Infill Residence T Discouraged Draft — June 14, 2010 ` City of Seal Beach Department of Development Services 211 Eighth Street, Seal Beach, CA 90740 e�cF�o� *:Y�`� 411 Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Residential Districts Community Guidelines (Continued) I. Additional Offset for Garage Facing Street. If a garage is located on the front half of a lot and faces the street, the garage walls and doors should be offset at least 5 feet from the face of the main residence. See Figure RG I: Additional Offset for Garage Facing Street. Figure RG I Additional Offset for Garage Facing Street i f S' addirianai seroack foraaraae Buudir-g fa--a de -setback J. Open Space Guidelines. 1. RLD -9 District - Single -Unit Residences. A minimum of 800 square feet of outdoor usable open space should be permanently maintained. Draft — June 14, 2010 SEAIBF City of Seal Beach ioE °• Department of Development Services p' .w- -i; 211 Eighth Street, Seal Beach, CA 90740 Information: 431 FAX: 430 (562) -2527 (562) -8763 Interim Community Guidelines Residential Districts Community Guidelines (Continued) 2. RHD -20 District — Single -Unit Residences. A minimum of 225 square feet of outdoor usable open space should be permanently maintained. 3. Open Space Standards. Usable open space permanently maintained should conform to the following standards: a. Usability. A surface should be provided which inhibits dust and allows convenient use for outdoor activities. Such surface should be any practicable combination of lawn, garden, flagstone, wood planking, concrete, asphalt or other serviceable surface. Slope should not exceed 10 percent. Areas devoted to off - street parking or loading facilities, including access ways and service areas are not considered usable open space. b. Location. The space may be located anywhere on the lot, excluding the roof of the building, garage or carport, should not be located within a required street setback, and such space should be designed and located as to be fully usable by the residents of the single -unit residence. i. Consideration for RHD -20 Lots less than 37.5 Feet Wide. At least 40 percent (90 square feet) should be provided on ground level. Remaining area may be provided in any combination of second floor decks or balconies having a minimum dimension of 5 feet. C. Shape. An open space area should only be counted toward meeting the common open space requirements, if it is possible to inscribe a rectangle within such area that has no side less than 15 feet in dimension. Common open space provided in excess of the amount required shall not be limited by this shape requirement. i. Consideration for RHD -20 Lots less than 37.5 Feet Wide. A ground level open space area should only be counted toward meeting the common open space requirements if it is possible to Inscribe a rectangle within such area that has no side less than 8 feet in dimension, including a required side yard. d. Openness. There should be no obstructions above the space except for devices to enhance the usability of the space. i. Consideration for RHD -20 Lots less than 37.5 Feet Wide. No more than 33 percent of a ground level open space area should be covered. Draft —June 14, 2010 City of Seal Beach �E SEA( B Department of Development Services ost Faa 211 Eighth Street, Seal Beach, CA 90740 Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Residential Districts Community Guidelines (Continued) K. Consistency with Design Guidelines, Specific Plans, or Area Plans Adopted by the City Council. All projects shall be consistent with any design guidelines, planned unit developments. specific plans, or other similar documents that give specific guidance for development on private property and public improvements. Draft —June 14, 2010 City of Seal Beach SERI (r�Department of Development Services Z d Eat 211 Eighth Street, Seal Beach, CA 90740 �@C/A NiY'CA�E Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Commercial and Mixed -Use Districts Overview Building forms and facades influence cohesiveness, comfort, and aesthetic pride and at the same time can generate pedestrian activity, encourage shopping, and increase a sense of security. Where commercial buildings are neighbors to residential buildings or where infill buildings are being constructed, consideration of scale, detail, and materials is very important. At the same time, any good design should take into consideration fundamental design principals including continuity, mass, scale, rhythm, and proportion. The following guidelines are intended to provide a general framework for design, and do not mandate specific architectural styles, themes, or details. Commercial and Mixed Use Districts Community Guidelines A. Building Design Features. Commercial or mixed- use structures should provide adequate design features to create architectural interest and avoid a large - scale, bulky, and "box -like" appearance. Different ways that this guideline may be met, include, but are not limited to, those listed and illustrated below. See Figures C /MU A.1 through CMU A.6. The drawings and photos are intended to illustrate the various building design concepts, and do not represent an ideal design that applicants should attempt to replicate. 1. Variety in Wall Plane. The planes of the exterior walls should vary in depth and /or direction. Instead of having a continuous flat wall, the wall has either offsets with significant depth (at least 5 feet), or a repeated pattern of offsets of smaller depth (minimum of 2 feet). See Figure C /MU G A.1: Variety in Wall Plane. Draft — June 14, 2010 City of Seal Beach Department of Development Services ��FFO 4 =pa 211 Eighth Street, Seal Beach, CA 90740 Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Commercial and Mixed -Use Districts Community Guidelines (Continued) 5 fc min. 1 Figure C /MU G A.1 Variety in Wall Plane �4fc 2� ft I` —min. j 50 ft 25 ft 25 ft Offset o f signf cant depth i�so ft '�= 50 ft Repeated pattem of o f (sets of smaNer depth 50 ft 50 ft T 5 ft min. r I 2 ft. A min. i Draft —June 14, 2010 City of Seal Beach °`.'` of Department of Development Services 4"WUN 211 Eighth Street, Seal Beach, CA 90740 .� Information: (562) 431 -2527 FAX: (562) 430 -8763 1 -NTN Interim Community Guidelines Commercial and Mixed -Use Districts Community Guidelines (Continued) 2. Variety in Roof Forms. The roof forms or roof heights vary over different portions of the building. See Figure C /MU G A.2: Variety in Roof Forms. Figure C /MU G A.2 Variety in Roof Forms One -frfth to one third of roof area has a change in pitch, plane, height or orientation. I Example of variety in roof forms. Simple pitched roof on buildings over 50 feet in length do not Fake mansard roofs (without structural integrity) do not meet meet this guideline. this guideline. 3. Variety of Height for Different Massing Elements. The height of the building varies so that it appears to be divided into distinct massing elements. See Figure C /MU G A.3: Variety of Height for Different Massing Elements and Modules Articulated by Change in Plane, Color, or Materials. Draft —June 14, 2010 Commercial and Mixed -Use Districts Community Guidelines(Continued) 4. Modules Articulated by Change in Plane, Color, or Materials. The different modules of a building's fagade are articulated by use of a change in plane, color, arrangement of fagade elements, or a change in materials. See Figure C /MU G A.3: Variety of Height for Different Massing Elements and Modules Articulated by Change in Plane, Color, or Materials. Figure C /MU G A.3 Variety of Height for Different Massing Elements and Modules Articulated by Change in Plane, Color, or Materials Draft —June 14, 2010 City of Seal Beach of SS+EAt B • 1il �f Department of Development Services pt� a 211 Eighth Street, Seal Beach, CA 90740 Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Commercial and Mixed -Use Districts Community Guidelines(Continued) 4. Modules Articulated by Change in Plane, Color, or Materials. The different modules of a building's fagade are articulated by use of a change in plane, color, arrangement of fagade elements, or a change in materials. See Figure C /MU G A.3: Variety of Height for Different Massing Elements and Modules Articulated by Change in Plane, Color, or Materials. Figure C /MU G A.3 Variety of Height for Different Massing Elements and Modules Articulated by Change in Plane, Color, or Materials Draft —June 14, 2010 City of Seal Beach �E SElhgf ;�,f�,�1�a Department of Development Services a1R° 211 Eighth Street, Seal Beach, CA 90740 We 4 .' F Information: (562) 431 -2527 FAX: (562) 430 -8763 w,�3Tr La�� Interim Community Guidelines Commercial and Mixed -Use Districts Community Guidelines(Continued) 5. Facade Design Incorporates Architectural Detail. A flat building fagade incorporates details such as window trim, window recesses, cornices, changes in material, or other design elements in an integrated composition. Some of the architectural features of the main fagade are incorporated into the rear and side elevations. See Figure C /MU G A.5: Facade Design Incorporates Architectural Detail. Figure C /MU G A.5 Facade Design incorporates Architectural Detail I�t���l•I��■ t�� J���� 6. Use of Balconies, Bay Windows, and other such Projections or Recesses. The building incorporates balconies, bay windows, entry porches, or other projections and recesses in a pattern that creates architectural interest across the length of the fagade. This is most typically found on buildings that includes small retail spaces, office, or residential uses. See Figure C /MU G A.6: Use of Projections and Recesses. Draft —June 14, 2010 City of Seal Beach of sEBF Department of Development Services �a i`1 211 Eighth Street, Seal Beach, CA 90740 . yp?P .t`- O � � Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Commercial and Mixed -Use Districts Community Guidelines(Continued) Figure C /MU G A.6 Use of Projections and Recesses B. Blank Walls. No unadorned blank walls greater than 20 feet in length should be provided on the storefront side. Other building walls over 24 feet in height or 50 feet in length should include an offset, recess, or projection at least one foot in depth, providing shadows or visual interest for at least 25 percent of the frontage. See Figure C /MU G B: Blank Walls. Draft — June 14, 2010 sEat� City of Seal Beach _ Department of Development Services c 211 Eighth Street, Seal Beach, CA 90740 q�dLMTY GA Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Commercial and Mixed -Use Districts Community Guidelines(Continued) Figure C /MU G B zF Blank Walls i 1 I '�— 20 ft --- Maximum i Maximum length of blank wall on storefront side C. Ground Floor Requirements. The following guidelines should be considered with respect to ground floor construction. 1. High Quality Building Materials. Building materials used on the ground floor should be high quality durable materials such as concrete, stone, tile, masonry, or other equivalent quality materials. The portions of the building 2 feet above grade that front the public sidewalk should be constructed of such materials, rather than glass, wood, or stucco. 2. Greater Level of Detail and Articulation. There should be a greater level of detail and articulation of the ground floor than the upper floors of a building. See Figure C /MU G C.2: Ground Floor Requirements and Building Transparency. Draft — June 14, 2010 City of Seal Beach o� sEat�BF Department of Development Services 211 Eighth Street, Seal Beach CA 90740 l -SJI1 a Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Commercial and Mixed -Use Districts Community Guidelines(Continued) 3. Building Transparency. A minimum of 50 percent of a building's frontage should provide views into the building's interior through windows, window displays, or doors with a zone of transparency of between 2 and 6 feet above grade. See Figure C /MU G C.2: Ground Floor Requirements and Building Transparency. Greater level of ardculadon on ground floor Figure C /MU G C.2 Ground Floor Requirements and Building Transparency �_ , . � I Minimum building transparency: 60% of frontage with views to interior High quality building materials: concrete, stone, tile, masonry Minimum 2 ft base of high quality durable materials -not glass D. Consistency with Design Guidelines, Specific Plans, or Area Plans Adopted by the City Council. All projects shall be consistent with any design guidelines, planned unit developments. specific plans, or other similar documents that give specific guidance for development on private property and public improvements. Draft — June 14, 2010 Eat� City of Seal Beach 611,50r:ll Q�'� Department of Development Services 211 Eighth Street, Seal Beach, CA 90740 Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Light Manufacturing and Oil Extraction Districts Overview High quality, innovative and imaginative architecture is encouraged. Developers are encouraged to utilize these guidelines as a tool to design quality buildings as opposed to traditional unadorned warehouse structures. The elements most desired for well- designed industrial buildings are: ❑ Variation of building forms and planes. ❑ Enhanced building entries. ❑ Screened loading facilities and storage areas. ❑ Landscaping. Elements that are discouraged are as follows: ❑ Blank walls. ❑ Unscreened loading facilities. ❑ Structures that are box like and contain no architectural elements. Light Manufacturing and Oil Extraction Districts Community Guidelines A. Building Design Features. Main structures should provide adequate design features to create architectural interest and avoid a large- scale, bulky and "box -like" appearance. Different ways that this may be accomplished include but are not limited to those listed and illustrated below. See Figure LM /OE G A.1 through Figure LM /OE G A.3. The drawings and photos are intended to illustrate the various building design concepts, and do not represent an ideal design that applicants should attempt to replicate 1. Variety in Wall Plane. The planes of the exterior walls should vary in depth and /or direction. Instead of having a continuous flat wall, the wall has either offsets with significant depth (at least 5 feet) every 100 feet or a repeated pattern of offsets of smaller depth (minimum of 2 feet). See Figure LM /OE G A.1: Variety in Wall Plane. Draft — June 14, 2010 City of Seal Beach sE.i'm Department of Development Services i :r.rWi, q S o ems° 211 Eighth Street, Seal Beach, CA 90740 Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Light Manufacturing and Oil Extraction Districts Community Guidelines (Continued) Figure LM /OE G A.1 Variety in Wall Plane 5 ft Offset of signipcont depth 51ft. min. min. r 50 ft 'IE 50 fr. 2 ft min. Repeated pattern of offsets of smaller depth 50 ft 50 ft �4k 2 ft. I`—mn� 50 ft 25 ft 25 ft 2. Variety of Height for Different Massing Elements. The height of the building should vary so that it appears to be divided into distinct massing elements. See Figure LM /OE G A.2: Variety of Height for Different Massing Elements. Draft — June 14, 2010 City of Seal Beach Bf@ Department of Development Services c �9y 211 Eighth Street, Seal Beach, CA 90740 Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Light Manufacturing and Oil Extraction Districts Community Guidelines (Continued) 3. Modules Articulated by Change in Plane, Color, or Materials. The different modules of a building's fagade should be articulated by use of a change in plane, color, arrangement of fagade elements, or a change in materials. See Figure LM /OE G A.3: Modules Articulated by Change in Plane, Color, or Materials. Figure LM /OE G A.2 Variety of Height for Different Massing Elements Draft — June 14, 2010 City of Seal Beach r a`�Department of Development Services 211 Eighth Street, Seal Beach, CA 90740 Information: (562) 431 -2527 FAX: (562) 430 -8763 Interim Community Guidelines Light Manufacturing and Oil Extraction Districts Community Guidelines (Continued) Figure LM /OE G A.3 Modules Articulated by Change in Plane, Color, or Materials B. Consistency with Design Guidelines, Specific Plans, or Area Plans Adopted by the City Council. All projects shall be consistent with any design guidelines, planned unit developments. Specific plans, or other similar documents that give specific guidance for development on private property and public improvements. Draft — June 14, 2010 ATTACHMENT 13 ORDINANCE NO. 1598, AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY REPEALING CHAPTER 28, ZONING, AND ADOPTING A NEW TITLE 11, ZONING AND ADOPTING ZONE CHANGE 10 -2 ORDINANCE NUMBER 1598 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 AND ADOPTING ZONE CHANGE 10 -2 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 set forth in that document titled "Draft Title 11: Zoning, February 2010, as revised with the following additional revisions: a. All revisions set forth in "Exhibit A ", attached hereto and incorporated herein; and b. Removal of the following sections of Part 11 — Base District Regulations: ❑ Chapter 11.2.05 — Base District Regulations — Residential Districts: ❑ Table 22.2.05.015 — Ratio of 2nd Story Building Area to 1St Story Building Area; • Section 11.2.05.015.E — RLD -9 District — Minimum Rear Yards; • Section 11.2.05.015.L — Building Entrance; ❑ Section 11.2.05.015.M — Fagade Articulation — Lots Greater then 25 Feet in Width; ❑ Section 11.2.05.015.N —Windows and Trim; ❑ Section 11.2.05.015.P — Additional Front Setback Above 14 feet; • Section 11.2.05.015.Q — Additional Side Setback or Stepback Above 14 Feet; • Section 11.2.05.015.R — Design of Building Additions; ❑ Section 11.2.05.015.U.3 — Additional Offset for Garage Facing Street; and ❑ Section 11.2.05.015.Y — Open Space Requirements. ❑ Chapter 11.2.10 — Base District Regulations — Commercial and Mixed -Use Districts: ❑ Section 11.2.10.015.1 — Building Design Features; ❑ Section 11.2.10.015.J — Blank Walls; ❑ Section 11.2.10.015.E — Ground Floor Requirements; and ❑ Section 11.2.10.015.M — Building Transparency ❑ Chapter 11.2.15 — Base District Regulations — Light Manufacturing and Oil Extraction Districts: ❑ Section 11.2.15.015.6 — Building Design Features. SECTION 2. The City Clerk is directed to incorporate the above revisions, as set forth in Section 1.a and Section 1.b, above, and all other required conforming revisions to Section Numbers, Table and Figure references, cross references, and other non - substantive conforming revisions, into Title 11: Zoning for public distribution. SECTION 3. The City Council hereby adopts Zone Change 10 -2. SECTION 4. 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 Ordinance Number 1598 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 regular meeting held on the day of , 2010. Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 14th day of June , 2010 and was passed, approved and adopted by the City Council at a regular meeting held on the day of ,2010 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: And do hereby further certify that Ordinance Number 1598 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk Ordinance Number 1598 Exhibit A (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 11.1.10.015.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 0ssuina 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 RMD RHD Additional Regulations Transportation, Communication, and Utility Use Types Communication Facilities See Chapter 11.4.70 Antennae and Transmission Towers la Q — la _Q — R C — Sate / /ite dishes /ess than 39" in P P P d/ametff (See Part 11 page 5 for current language) 3. 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 "1,200 Lff' ❑ Maximum Height (ft.); revise to read "25 tE " ❑ Projections; revise to read "Yes L " ❑ Minimum Common Open Space per Unit (sq. ft.); revise to read "Yes L"; and ❑ Minimum Private Open Space per Unit (sq. ft.); revise to read "Yes Xi". (See Part 11, pages 7 through 12 for current language) 4. Non - Habitable Architectural Features: Section 11.2.05.015.A, Standards for Surtside: Add a new subsection 11.2.05.015.A.6: Non - Habitable Architectural Features to read: Ordinance Number 1598 -• • • 11111MMINTIMMIM 1 •• 1' • I"l 1 •I u • 1 • rM • I • G 1 f • • .. 1 _X 11 I • •.1 �tll 1 11 1 _F 1 • 1•.• - 1 1 1 1 1 • L f f •• • 1- 1 • • f,� - • •.1 •�-1 • • 11 • • &Csli 1 FS i R I til i oil I i M77TVIII-MM ill 1 • • MU F. P - 1 1 1' 1 • 1 � � • � • 1. 1' 1 1 •1 •1 el 11f F Revise existing Section 11.2.05.015A.6: General Requirements to new section 11.2.05.015.A.Z. (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 II, 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 hapter Use Permit Required Land Use Entitlement or Activity Requirement is in Section: Administrative Use Permit Conditional Use Permit Surfside — non - habitable § 17.2.05.015.A.6 x architectural features Surfside — zero side yard § 112.05.015.A.7.c X Surfside — nonconforming building expansion § 11.2,05.015.A.7.a X Ordinance Number 1598 Any conforming revisions to cross - references to these sections will also be made. 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 11, pages 25 -26 for current language) 6. Additional Front Setback Above 14 Feet: Section 11.2.05.015.13 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 elite 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) 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: To accommogate vemcies.-- (See Part II, page 36 for current language) Required Garage Exception — RHD -20 District: new subsection 11.2.05.015.U.7. 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 1.4.20.015.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 subiect property provides a minimum clear area of 9 feet by 22 feet between the alley property line and the face of a two -car garage equipped with 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.8. (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: Reauired Garage Exception — "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 ". Ordinance Number 1598 (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 11.2.10.010 (Continued) USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS LC/ RMD LC/ I PO MSSP I SC I GC Additional pay oa /So RMD — Regulations Transportation, Communication and Utili Use Types — See Chanter Establishments Personal Improvement Services See Chapter Wireless Communication P P P assaae. Accessory 11.4.70: Wireless Facilities A A A See Chanter 5.45. Massage Telecommunicatio Personal Services P P P P P ns Facilities Antennae and A — A — A — A — A — See Chanter Massage Transmission Towers 13C PC — �C — PQ Satellite dishes less than P P 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: TABLE 11.2.10.010 (Continued) USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS LC/ RMD PO MSS P SC GC Additional Regulations Commercial Use Types Continued pay oa /So = — See Chanter 5.45. Massage Establishments — — See Chanter Establishments Personal Improvement Services P P P P P assaae. Accessory A A A A A See Chanter 5.45. Massage Establishments Personal Services P P P P P assaae. Accessory A — A — A — A — A — See Chanter Massage blishments Establishments (See Part II, page 45 through 49 for current language) b. Part IV: Section 11.4.85.025, Commercial Use Classifications: 1. Revise "Personal Improvement Services" to read as follows: "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, spas; 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. Ordinance Number 1598 This classification does not include massaae except as an accessory use. 1. Massage, Accessory. A use where massages occur as an accessory to a Personal Jmmvement 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 Persona 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 e massage occurs occupies less than 20 percent o the aross floor area of the principal Personal Services use.,, (See Part IV, page 286 for current language) Part VI: Section 11.6.05.010 — Definitions of Specialized Terms and Phrases Add the following definitions in the appropriate sub - sections: "Day SAal's a spa offering a variety of professionally administered spa services to clients on -a day -use basis. films ------ ::. .--- r:&:- C. n.._:.- .-.-.- ::------ _ -� c .-...: .a:...... Wi %mil •"• Ar - • 1 . •' 111•.1 " l • 11 • • •. 1 ! � l• % � 1' 1 Ile • • Commercial Use Types Continue Day Spa /So 1 •11 f WT-rd Mr, 1 TIM _ •u IM-W >1•f 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 Continue Day Spa /So 1 space per 300 square feet. Massage Establishment 1 space per 300 square feet. Massage. Accessonr 1 space per 300 square feet. Ordinance Number 1598 (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, § 5.45.035.13.11: "11. The applicant has obtained a conditional use permit or administrative use permit pursuant to Title 11: Zoning 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: TABLE 11.2.15.010 (Continued) USE REGULATIONS — LIGHT MANUFACTURING AND OIL EXTRACTION DISTRICTS LM I OE I Additional Regulations Transportation, Communication and tility Use Types Wireless Communication N PR See Chapter 11.4.70: Wireless Facilities Communication Facilities __ I Telecommunications Facilities Antennae and Transmission P C la — Towers = — Satellite dishes less than 79" P P 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: TABLE 11.2.20.010 (Continued) USE REGULATIONS — PUBLIC AND SEMI - PUBLIC FACILITIES DISTRICTS PS I RG I Additional Regulations Transportation, Communication, and Utility Use Types Communication Facilities P C — PC See Chapter 11.4.70: Wireless I 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: TABLE 11.2.25.015 (Continued) USE REGULATIONS — OPEN SPACE AND PARKS DISTRICTS OS - OS_ I Additional Regulations N PR Transportation, Communication, and Utility Use Types 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 11.3.05.015.6 Revise Section 11.3.05.015.13, Overlay Zone Use, as indicated below: Ordinance Number 1598 "B. Overlay Zone Use. The uses specified in Section 11.3.05.010.13 are permitted in the Residential Conservation Overlay District subject to compliance with the following standards: 1. Distance to Pao-fie Geasi Highway, The subjeet PFOP" 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 was constructed prior to 1925 on the same lot that. 92. Minimum Lot Size. The subject property shall have a minimum ­1 1 and shall not lot size of 5.000 square fit. 62. Owner /Operator Requirement (All remaining sub - sections renumbered accordingly) (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 awe nQ more than 2 individuals (including but not limited to a singer, musician, instrumentalist, magician, balloon entertainer, face painter or comedian) in a retail store, gallery, restaurant, or cafd, 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 the of licensing by the California State Department of Social Services, Community Care Licensing. 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. Ordinance Number 1598 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 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. The site shall alsta Wei, We 0# 8Rd Pi8l(iF19 WP Ghffi'dF8R 6101811 Mt.- 12 PSFk at aR�40m&,l el Wee dFiY8WSYS Of Mighbffi!910 Was tha, 20 feef- 9. Woups of Operation. Heums. at G-peFatieR shall 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- Ordinance Number 1598 Qfi. Wall Requirements — Outdoor Play Area. A 7- S- 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. 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) 18. 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: "6. Amp"fied Sound and Music. Un- amplified sound and music that Is limited to no more than 1 entertainer is permitted within an outdoor dining or seating area upon approval of an Administrative Use Permit or Conditional Use Permit pursuant to Ordinance Number 1598 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: 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 11.4.05.100.13, 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. nmu,.e.e uW%owAEI r PA—d sue.• �'vcY[49�Vi , nRmtO Lot L Public Right-0FWay �L e' el z'e '11'1 �- 1' 1 1 • 1' IM 4* 1 • 1 '• foil 1•. 1• 1 1 1 • a a •11. -1 ._1• 1M 11•. - • [owl Use Permit Required Land Use Entitlement or Requirement is in Administrative Conditional Activity Section: Use Permit Use Permit Outdoor Dining Area — Amplified Sound and Music § 11.4.05.090.D.6 x X (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 11.4.05.100.13, 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. nmu,.e.e uW%owAEI r PA—d sue.• �'vcY[49�Vi , nRmtO Lot L Public Right-0FWay �L e' el z'e '11'1 �- 1' 1 1 • 1' IM 4* 1 • 1 '• foil 1•. 1• 1 1 1 • a a •11. -1 ._1• 1M 11•. - • [owl Ordinance Number 1598 MW "Mf B. Exceptions. Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Permits. is required for exceptions to the screening of mechanics eauffigment ere 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 11.4.10.020.1-1 Revise Subsection 11.4.10.020.H.1, Prevention of Runoff, to read as follows: 111. Prevention of Runoff. & Site grading shall be designed to prevent runoff onto adjacent properties and to eliminate the impacts of runoff on all structures on the site. b. On -site drainage systems.(i.e. roof drains, downspouts. french drains. swales._etc.) shall be designed and maintained to (See Part IV, page 79 for current language) 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 Horizontal Maximum Area per Maximum imum Projection Additional Sign Type Number Individual from Wall Regulations Permitted Sign or (Subsection) Supporting Structure Portable A- 1 per g sq. ft. (6) tQ Frame Sign tenantluse (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: b& 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. L. ...:LL. .JI _- _..._._.._ _s .a._ _t n__. (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" Ordinance Number 1598 24. Main Street Area - Portable A -Frame Signs - Section 11.4.025.C.10 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. C. Compliance with all provisions of the "City of Seat Beach Standards for Portable A -Frame Sians." 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. Esquipment cabinets or rooms to service existi g 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 dishes 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 Aantennas may be installed on, or attached to, any existing building or other structure that does not exesed 25 fee so long as the height of the antenna measured from existing grade does not exceed the permitted height was in the distblei 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) 28. Section 11.4.70.015.G.2 — Revise to read as follows: "2. 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 Ordinance Number 1598 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 Conditional Use Permit with the Director in accordance 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 wireless telecommunications facilities subject to the requirements of this Chapter shall be located, developed, and operated in compliance with the following standards unless the 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) 31. Section 11.4.70.025.A.7 — Revise to read as follows: 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 -6hapteF of the applicable Base District Zone" (See Part IV page 252 for current language) 32. 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 diMdd applicable Base District Zone in which the antenna or monopole is located. (See Part IV page 253 for current language) 33. Section 11.4.70.025.C.2 — Revise to read as follows: "2. Building- mounted wireless telecommunications facilities shall net exseed the height all-woed lie. pejeetions above the height MA �s comply with the height renuireme its of the applicable Base District Zone." (See Part IV page 253 for current language) 34. Section 11.4.70.025.C.4 — Revise to read as follows: 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 this Ghapte e Ordinance Number 1598 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: "4. When antennas are co- located, the PJannitl 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: 1. Satellite antennas pursuant to the provisions of SectiQp 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 pro_v_ided the following conditions are met: a. The existing 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 report, negative declaration, or mitigated negative declaration; and i) otherwise complies with the requirements of Government Code Section 65850.6(b) for wireless telecommunications collocation facilities. b. The co- located facility does not increase the t or location of the existing permitted towerlstructure. or otherwise change the bulk, size, or other physical attributes of the existing permitted wireless communication facility. a- publoo safety Gem-munin2samns (66) tGOt 11911919091914 OF 19681 4 .3. Temporary wireless telecommunications facilities. 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. 9C 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 Ordinance Number 1598 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, 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.B — Revise to read as follows: "B. 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 deeisiem make 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: "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 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 aksf 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 11.4.70.040.6 — Revise to read as follows: "B. Exercise of Permits. Any 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 Speck Uses." (See Part VI, page 23 for current language)