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HomeMy WebLinkAboutCC AG PKT 2010-08-09#BBAGENDA STAFF REPORT DATE: August 9, 2010 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Mark Persico, AICP, Director of Development Services SUBJECT: CONTINUED 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 continued 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 CEQA Notices. ❑ 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 (New Zoning Map). ❑ The Planning Commission's suggested language regarding home occupations. BACKGROUND AND FACTS On June 14, 2010, the City Council opened the public hearing on the above referenced items. Following comments from the public and the City Council, the Council requested the Planning Commission (Attachment C — Minutes) to consider four items: • Home Occupancy Permits Specifically: Should there be changes in the home -based business ordinance to better define an employee, determine how many visitors should be allowed at a home -based business, and determine if "direct product distribution" be allowed with only a business license? Agenda Item BB Page 2 • Administrative Use Permit Specifically: Should the staff be granted the authority to review and approve minor uses or should all entitlements be reviewed and approved by the Planning Commission? • A -frame signs on Main Street Specifically: Should A -frame signs be permitted on private property within the Main Street Specific Plan area? • Interim Community Guidelines Specifically: Should certain development standards and design provisions be excerpted from the Ordinance and adopted by resolution as Community Guidelines? The Planning Commission at a noticed meeting held on July 21, 2010 considered these matters (Attachment D — Commission Minutes). With respect to the four issues considered by the Commission, the Commission has recommended changes to the provisions addressing home occupancy permits, and no other changes. The Commission feedback is as follows: Issue 1 Home Occupancy Permits The Planning Commission had considerable discussion regarding home occupancies. The overarching issue is assuring that residential neighborhoods are protected and that the business use is clearly secondary to the residential use of the property. Below is the revised language that was unanimously recommended by the Planning Commission. The revised language is in a bold /underline format. If the Council agrees with the Commission, the Council can direct staff to include such language (or alternative language) in Title 11 for first reading. Section 11.4.05.060 (Home Occupations) B. Basic Operating Standards. All home occupations shall comply with the following operating standards: 1. Main Residence. The location of the business shall be the main residence of the person(s) conducting the business and shall be clearly incidental and secondary to the use of the property for residential purposes; 2. Outdoor Storage Prohibited. Storage shall not occur out -of- doors, within a carport, or within an accessory structure; 3. Garage Conversion Not Allowed. Any required garage parking area shall not be converted into a work area or storage area for the home occupation; 4. Exterior Appearance. There shall be no exterior indication of the home occupation activity from the adjoining public rights -of -way or from surrounding properties; Page 3 5. Alterations Prohibited. The home occupation shall not require any alteration(s) or modification(s) to the dwelling incompatible with residential use or that would change its occupancy classification in compliance with the California Building Code; 6. Displays or Signs Prohibited. The home occupation shall not display window or advertising sign(s), merchandise, products, or stock in trade, or other identification of the home occupation on the premises; 7. Equipment. Mechanical or electrical equipment shall not be installed or maintained other than that which is compatible with domestic residential use; 8. Articles Offered for Sale. Articles offered for sale shall be limited to those produced on the premises, or direct product distribution 9. Vehicles. Only 1 vehicle, with a capacity not exceeding 1 ton, may be used and kept on the premises by the occupant directly or indirectly in connection with a home occupation; 10. Fire Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises; 11. Nuisances. The home occupation shall not cause or create offensive or objectionable levels of hazards or nuisances (e.g., cold, dirt, dust, electrical interference, fumes, heat, humidity, gas, glare, light, noise, odor, smoke, solid waste, toxic /hazardous materials, vibration, etc.), in excess of that customarily associated with similar residential uses; 12. Traffic Generation. The home occupation shall not generate additional pedestrian or vehicular traffic substantially greater than that normally associated with residential uses in the surrounding area; 13. Allowable Deliveries. The home occupation may receive up to 2 deliveries each day; 14. Maximum Hours of Operation. The home occupation shall not be conducted between the hours of 10:00 p.m. and 7:00 a.m. (except for child day -care facilities); 15. Employees. Only family members or persons living full -time on the Property shall be permitted to work at a home -based business. 16. Compliance with all City Noise Ordinance requirements; and 17. Allowable On -site Visits. The home occupation may allow up to 6 clients, patients, or pupils to be present at any 1 time (except for child day -care facilities). Provided that only one group, regardless of size, is allowed per day. C. Limitations on Director Approval for Home Occupations. Home Occupations approved by the Director as a permitted use shall be subject to the provisions of subsection B, Basic Operating Standards, above and the following limitations: 1. Location. Conduct of the home occupation shall be confined completely to the residential dwelling unit and not within an accessory structure(s). A Page 4 home occupation shall not impair the use of a garage in terms of providing required parking; 2. Maximum Allowable Floor Area. A home occupation shall not be allowed which requires more than 1 room and may not exceed 20 percent of the gross floor area of the residence; 3. Access. Access to the space devoted to a home occupation shall only be from within the main residential dwelling unit; and D. Home Occupations Requiring an Administrative Use Permit. The following list identifies home occupation activities that may be allowable subject to the approval of an Administrative Use Permit, in compliance with Chapter 11.5.20: Development Permits: 1. Use of an accessory structure; 2. Use requiring more than more than 1 room or 20 percent of the gross floor area of the residence; 3. Uses which entail food handling, processing, or packing; 4. Musical performance or i nstruction in the use of musical instruments when either amplification is used or when 2 or more persons are receiving instruction or performing at a time; 5. Specified additional uses: pet grooming, or any other use or occupation which the Director determines is similar in nature to the previously listed uses; 6. Having more than 1 home occupation in a dwelling unit; 7. Having an employee on -site who is not a resident; and 8. Having on -site visitors in excess of that allowed under B. 17 above. With respect to item B.17 above, the Planning Commission direction was unclear regarding the frequency that groups could meet at a residence when meeting as part of the home business. Staff believes the intent of the Planning Commission was once during a 24 -hour period. Staff will confirm that understanding when the Planning Commission meets on August 4, 2010 and report the information at the August 9, 2010 City Council meeting. With respect to the other three issues considered by the Commission, the Commission is recommending no additional changes to the draft Title 11 presented to the Council on June 14, 2010. Issue 2 Administrative Use Permit The Planning Commission believes that the Administrative Use Permit process is an effective method of conducting streamlined public hearings for the approval of minor uses. Therefore, the Planning Commission unanimously supported keeping the proposed Administrative Use Permit process as drafted in Title 11. Page 5 Issue 3 A -frame signs on Main Street This provision of the Code only relates to A -frame signs on Main Street that are on private property. While there are only limited instances where the building is setback from the front property line, the Planning Commission was still concerned about this issue. However, at this point the Commission is recommending no change to the A -frame provisions due to lack of adequate information. Instead the Commission is suggesting that the Main Street Specific Plan be updated. Further. The Commission believes that a steering committee of residents and business /property owners should be appointed to examine these issues. The Planning Commission voted unanimously to support an update to the Specific Plan, with no change to Title 11. Issue 4 Community Guidelines The Planning Commission recognized the uniqueness of the various neighborhoods that comprise Seal Beach, and that one set of ordinances cannot address the varying urban forms within Seal Beach. Because of these facts the Planning Commission recommended that the Interim Community Guidelines be adopted by the City Council. The Planning Commission unanimously recommended adoption of the Interim Community Guidelines with the understanding that staff would work to further refine the guidelines based upon the needs of each neighborhood. At the appropriate time staff should report back to the Commission regarding the effectiveness of the Guidelines. Additional Public Comments The City received two letters from Bay City Partners (BCP) regarding the impacts of Title 11 on the DWP Specific Plan (Attachments E & F). Among other statements not relevant here, the June 14, 2010 letter states that the current Specific Plan references the PLUR zoning designation, but the proposed Title 11 deletes the PLUR designation. (the PLUR designation has been replaced by other designations.). As the Council is aware, the specific plans in the City are not being changed by Title 11. However, to address this issue, staff has drafted additional language for the Ordinance so that the Council can direct the City Clerk to make the necessary clerical changes to the Specific Plans so the Plans track with the new zoning designations of Title 11. These clerical changes will not affect the validity of Specific Plans, their regulations and provisions, or the rights conferred by the Specific Plans to property owners. Page 6 The June 18, 2010 letter relates to the boundaries of the Specific Plan and the boundaries of the new zoning map. The legal description of the Specific Plan takes priority over the zoning map, SUMMARY The Planning Commission gave due consideration to the four issues as requested by the City Council. The original Jun 14, 2010 City Council staff report is attached (Attachment G) for reference. FINANCIAL IMPACT There are no direct financial impacts related to the Code, except for printing costs which have been previously budgeted. RECOMMENDATION Based upon Planning Commission input, staff recommends 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 Zone Change 10- 2 (Zoning Map), 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, Zoning and Adopting Zone Change 10 -2 (with or without additional language addressing home occupancy). ❑ Direct staff to prepare a Resolution for the adoption of Interim Community Guidelines relating to building mass, building bulk, and building design standards. SUBMITTED BY: NOTED AND APPROVED: Mark Persico, AICP David Carmany, City Manager Director of Development Services Attachments: A. Resolution No. 6005 B. Ordinance No. 1598 C. June 14, 2010 City Council Minutes D. July 21, 2010 Planning Commission Minutes (Draft) E. June 14, 2010 letter from Bay City Partners F. June 18, 2010 letter from Bay City Partners G. June 14, 2010 City Council Staff Report (without attachments) ATTACHMENT A 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 ZONE CHANGE 10 -2 (ZONING MAP) RESOLUTION NUMBER 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 ZONE CHANGE 10 -2 (ZONING MAP) THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE, FIND, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1 . The City has proposed revising the City's Zoning Code and Zoning Map ( "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, and related Zoning Map 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 Resolution Number 6005 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. 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 Zone Change 10 -2 (Zoning Map) 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 Seal Beach City Council at a regular meeting held on the 9th day of August , 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 Seal Beach City Council at a regular meeting held on the 9th day of August , 2010. City Clerk ATTACHMENT B 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 (ZONING MAP) 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 (ZONING MAP) THE SEAL BEACH CITY COUNCIL 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 II — Base District Regulations: ❑ Chapter 11.2.05 — Base District Regulations — Residential Districts: ❑ Table 22.2.05.015 — Ratio of 2 nd Story Building Area to 1s Story Building Area; ❑ Section 11.2.05.015.E — RLD -9 District — Minimum Rear Yards; ❑ Section 11.2.05.015.E — Building Entrance; ❑ Section 11.2.05.015.M — Facade Articulation — Lots Greater then 25 Feet in Width; ❑ Section 11.2.05.015.N —Windows and Trim; ❑ Section 11.2.05.015.1 — 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. Further, the City Clerk is directed to make any necessary clerical change to any adopted Specific Plan to conform any reference to Zoning designations in the Specific Plan to any new Zoning designation as described in Title 11 and on the Zoning Map. The clerical change will not confer additional rights or obligations on property owners. SECTION 3. The City Council hereby adopts Zone Change 10 -2 (Zoning Map). Ordinance Number 1598 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 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 9th day of August , 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 issuing such written interaretation (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 PC PC R C Satellite dishes less than 39" in P P P diameter (See Part I I 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 J;fF " ❑ Maximum Height (ft.); revise to read "25 JE " ❑ Projections; revise to read "Yes JE " ❑ Minimum Common Open Space per Unit (sq. ft.); revise to read "Yes 0 "; and ❑ Minimum Private Open Space per Unit (sq. ft.); revise to read "Yes -E- " (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: Ordinance Number 1598 m.i_ m M- a. Non - habitable architectural features, such as spires. towers, cupolas, belfries, monuments. parapets (not required by Uniform Building Codel. domes and covered access to open roof decks may exceed the height limit established pursuant to Section 11.2.05.015.A.3 a maximum of 7 feet if granted pursuant to the procedures contained in this section. b. Permit Requirement. Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Permits is required for all non - habitable architectural features above the established height limit. C. Considerations for Approval of an Administrative Use Permit. In making the findinas reauired for the approve of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits, the following additional issues shat also be considered. I. Whether such variation is appropriate for the architectural style of the building. al Whether all roofing materials of a covered stairwell to an open roof deck are in substantial conformity with the roofing materials of the remainder of the structure b) Whether a covered stairwell to an open roof deck is located along peripheral exterior walls of the structure. c) Whether a covered stairwell . an open of deck is limited to the minimum area, both horizontally an vertically, necessary to cover the stairwell. ii. Whether such variation is appropriate for the character and integrity of the neighborhood. M. Whether such variation sianificantly impairs the primary view from any property located within 300 feet. iv. Detailed and complete plans for the proposed (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 Surlside to read as follows: TABLE 11.5.20.010 (Continued) REVIEW AUTHORITY Chapter 11.2.05 — Residential Districts (Continued) Use Permit Required Land Use Entitlement or Activity Requirement is in Section: Administrative Use Permit Conditional Use Permit Surfside — non - habitable & 11.2.05.015.A.6 x architectural features Surfside — zero side yard & 11.2.05.015.A.Tc 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. 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 11, pages 25 -26 for current language) 6. Additional Front Setback Above 14 Feet: Section 11.2.05.015.1 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 i®a width shall be stepped back from the front setback line a distance of at least 8% of the lot depth, up to 12 feet. See Figure 11.2.05.015.P: Front Stepback Above 14 Feet" (See Part II, page 28 for current language) 7. Required Garage Exception — Surfside: new subsection 11.2.05.015.U.6. Add new subsection 11.2.05.015.U.6, Required Garage Exception — Surlside, to read as follows: " 6. Required Garage Exception — Surfside. The number of garage parkina spaces required pursuant to Table 11.4.20.015.A: Required Parking, for single -unit dwellings in the SudWde 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 property line and the face of a two -car garage equipped with aroll -up do Lo 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. 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 015.A: Required Parkins. for single -unit dwellings in th D -20 District shall be reduced by one space for single -un' dwellings of 6 bedrooms or more if the subject property provide 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 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.$. (See Part 11, page 37 for current language) Revise Table 11.4.20.015.A: Required Parking, to include the following language in "Additional Regulations" for Single Unit Dwelling: " See also Section 11.2.05.015.U.6: Required Garage Exception — S rfs" ." "See also Section 11.2.05.015.U.7: Reauired Garaae Exception — RHD -20 District (See Part IV, page 101 for current language) Revise Table 11.5.20.010: Review Authority regarding "Exception to allowable parking locations — multi -unit residential' to indicate "11.2.05.015.U.$ ". 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/ PO MSSP FSC GC Additional Day Spa/Sp RMD _ C — C C Regulations Transportation, Communication and Utility Use Types = _ C C See Chanter 5.45. Massage See Chapter Wireless Communication P P P P P 11.4.70: Wireless Facilities A — A — A — A — A — Telecommunicatio Establishments Personal Services P P P ns Facilities Antennae and Massage, Accessory A — A — A — A — Transmission Transmission Towers See Chanter Massage ACC — PC — Satellite dishes less than P P 79" in diameter (See Part 11 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 Day Spa/Sp = _ C — C C See Chanter A5. Massage Establishments Ma ssacia = _ C C See Chanter 5.45. Massage Establishments Personal Improvement Services P P P P P Massage, Accessory A — A — A — A — A — See Chanter 5.45. Massage Establishments Personal Services P P P P P Massage, Accessory A — A — A — A — A — See Chanter Massage Establishments 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 massage except as an accessory use 1. Massage. Accessory. A use where massages occur as an accessory to a Personal Improvemen Services use, either permanently or temporarily and the area where the massage occurs occupies less than 20 percent of the aross floor area of the principal Personal (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: na ": a spa offering a variety of professionally admMistere spa services to clients on a day -use basis. " assaae ": see Title 5: Business Licenses and Reaulations. Section 5.45.005.G for the definition of massage. assaae. AccessoiY% a use where massages occur either permanently or temporarily, and the area where the massage occurs encompasses less than 20 percent of the aross floor area of the principal use. "Massage Establishment": see Title 5: Business Licenses and Reaulations. Section 5.45.005.H for the definition of massage establishment " na ": An establishment that offers patrons professionally administered cosmetic, therapeutic, or relaxation services including but not limited to relaxation therapy, hydrotherapy. body wraps, exfoliation, electrolysis, body waxing. romatherapy, 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. 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 Sp aces Additional Regulations Commercial Use Types Continue pa /Spa 1 space per 300 square feet Massage Establishment 1 space per 300 square feet. Massage. Accessory 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 hermit 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 11, 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 Utility Use Types Wireless Communication N N P R See Chapter 11.4.70: Wireless Facilities Communication Facilities __ Telecommunications Facilities Antennae and Transmission $ C R = Towers = — Satellite dishes less than 79" P P in diameter (see Hart 11 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 _ la C See Chapter 11.4.70: Wireless I 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 - Additional Regulations N N P R Transportation, Communication, and Utility Use Types Communication Facilities __ C See Chapter 11.4.70: Wireless _ = Telecommunications Facilities (See Hart 11 page 96 for current language) Part III: Overlay District Regulations 15. General Provisions — Section 11.3.05.015.6 Revise Section 11.3.05.015.6, 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. 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 to replicate a previously existina residential structure was constructed prior to 1925 on the same lot that. fa 32. Minimum Lot Size. The subject property shall have a minimum lot size of 5.000 square feet. 6.3. Owner /Operator Requirement All remaining sub - sections renumbered accordingly) (See Part 111, 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 g 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 caft, 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 €eqwiFements of licensing by the California State Department of Social Services, Community Care Licensing of 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. pmeedwFe set WNW belou-1. haZaFds, no 6@F@e Family Day Gam home may be lesaje& ., .,I.. 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- 6814GAMel0W. Ordinance Number 1598 42-.5. Wall Requirements — Outdoor Play Area. A 7- O 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. 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 Ordinance Number 1598 Chapter 11.5.20, Development Permits. Amplified sound and music is prohibited within the all outdoor dining or seatina 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. B, Garage Sales, to read as follows: "13. 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 equipmen except solar collectors. and antennas shall be screened or incorporated into the building design so as not to be visible 11.4.19.014; SgFeening of Equi—on These include, but are not limited to, all roof - mounted equipment, utility meters, cable equipment, telephone entry boxes, backf ow preventions, irrigation control valves, electrical transformers and pull boxes. Use Permit Required Land Use Entitlement or Requirement is in Administrative Conditional Activity Section: Use Permit Use Permit Outdoor Dining or S i Area – Sound and § 11.4.05.090.D.6 X X 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: "13. 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 equipmen except solar collectors. and antennas shall be screened or incorporated into the building design so as not to be visible 11.4.19.014; SgFeening of Equi—on These include, but are not limited to, all roof - mounted equipment, utility meters, cable equipment, telephone entry boxes, backf ow preventions, irrigation control valves, electrical transformers and pull boxes. Ordinance Number 1598 arch itectural style of screenina materials that are architecturally consistent with other on -site development and without giving the appearance of being added on. B. Exceptions, Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Permits. is required for exceptions to the screen ina of mechanics equ ipment ere the screening enclosure may substantially increase the visual mass of the roof line of a structure and alternative treatment may 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. 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 desianed 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 11.4.25.025A 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 Projection Additional Sign Type Number Individual Height from Wall Regulations Permitted Sign or (Subsection) Supporting Structure Portable A- 1 per 8 sq. ft. ( Frame Sign tenanttuse - (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. b. Compliance with all provisions of the "City of Seal (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. Portable A -Frame Signs. Portable A -Frame Signs shall comply with the following standards• a. A Portable A -Frame Sian is only permitted where building frontage is located within 10 feet of a public sidewalk. b. A Portable A -Frame Sian shall be located so as to allow at least 6 feet clear for pedestrian passage along pedestrian walkway and shall not be located on public bronertv. C. C-omuJiance -with_ all provisions of the "City of Seal 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. Fequipment cabinets or rooms to service existing antennas when completely located inside of permitted structures; and' (See Part IV page 248 for current language) 26. Section 11.4.70.015.G.1.a — Revise to read as follows: "a. Satellite disks antennas that do not exceed 39 inches in diameter and are for the sole use of a resident occupying the same residential parcel so long as it does not exceed the height of the ridgeline of the primary structure on the same parcel. Such antennas shall not be located in any area between a building and the adjacent public right -of -way." (See Part IV page 248 for current language) 27. Section 11.4.70.015.G.1.b — Revise to read as follows: "b. Satellite A - 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 dig# �I 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 dish 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. Satelli Antennas mounted on the roof of an existing building Ordinance Number 1598 ona 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 accord with the application procedures under Chapter 11.5.10: Generai 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 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 ds 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 comoly with the heiaht requirements of the apolicable Base Distril Q t 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 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 I in 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 Section 11.4.70.015.0 2. A facility co- located on an existing legally established monopole, utility tower, or support structure in any zoning district provided the following conditions are met: The existina facility on which the co- locate facility will be located: (i) was approved after January 1. 2007 by discretionary permit: (ii) was approved subject to an environments impact report, negative declaration, or mitigated negativ declaration: and (Ili) otherwise complies with the requirements of Government Code Section 65850.6(b) for wireless 4i Temporary wireless telecommunications facilities. evelopmg- _ 0 0"40 1 in the fal'al feeilities subject to the above, and based on the applisable findiAgs Q 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 (651 feet in hejaht or less shall require the approval of a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits. DQ 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 11.4.70.035.6 —Revise to read as follows: T. 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 makef 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 desision shall find that: (See Part IV page 260 for current language) 40. Section 11.4.70.035.D — Revise to read as follows: "D. Additional Findings for Setback Reductions. To approve a reduction in setback, the Planning Commission d shall make one or more of the following findings:" (See Part IV page 260 for current language) 41. Section 11.4.70.035.E — Revise to read as follows: "E. Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this Chapter upon finding that strict compliance would result in noncompliance with applicable federal or state law." (See Part IV page 261 for current language) 42. Section 11.4.70.040.6 — 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 44 p.FR. 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) ATTACHMENT C JUNE 14, 2010 CITY COUNCIL MINUTE EXCERPT MINUTE EXCERPT Seal Beach, California June 14, 2010 The Seal Beach City Council met in regular session at 7:00 p.m. with Mayor Sloan calling the meeting to order with the Salute to the Flag. ROLL CALL Present: Mayor Sloan; Council Members Antos, Levitt, Miller, Shanks PUBLIC HEARING ITEM "BB" / ORDINANCE NO. 1598 / AMEND SEAL BEACH MUNICIPAL CODE / TITLE 11 - ZONING / ZONE CHANGES 10 -2 / RESOLUTION NO. 6005 / NEGATIVE DECLARATION 2010 -1 Mayor Sloan stated this was the time and place for a public hearing for the consideration of the introduction and first reading of Ordinance No. 1598 amending the Seal Beach Municipal Code by deleting Chapter 28, Zoning, in its entirety and adopting a New Title 11, Zoning Code, and adopt Zone changes 10 -2 AND Adopt Resolution No. 6005 adopting Negative Declaration 2010 -1 in connection with the adoption of the Seal Beach Municipal Code Title 11 - zoning code. The Director of Development Services indicated that there will be a brief presentation and will also cover the issue that was brought up regarding home occupation businesses. Lee Whittenberg, consultant, stated that the 2 main items for the public hearing is the consideration of the adoption of the Negative Declaration for the new Title 11 - zoning code and the other item would be to adopt the new Title 11 and Zone Change 10 -2 (repealing Chapter 28 of the current zoning code). Covered in the presentation: • Public outreach process - 12 community meetings at various locations - with about a total of 100 people attending; • Summary of 5 overarching issues - use of mass and bulk provisions - impacts of the zoning code on commercial properties - impact on non - conforming structures - appropriateness of Administrative Use Permits (AUP) versus Conditional Use Permits (CUP) - miscellaneous concerns; • Planning Commission - public hearing on May 5, 2010 - recommended the new zoning code subject to 43 amendments (included in the staff report) - changes reflect current state law related to wireless facilities, massage establishments, and family day care facilities - recommended the adoption of the Negative Declaration - June 2, 2010 recommended the adoption of Zone Change 10 -2 (new zoning map); • Negative Declaration 2010 -1 - review period was from April 15th through May 17th - approved by Environmental Quality Control Board (EQCB) on April 28th - City received 5 comment letters (none of the letters reflected any concerns with the information in the document) - staff recommends adoption; • Title 11 - Zoning Code - complete revision - last major revision was done in 1974 - does not change the standards for basic lot size, density and building intensity, setback, lot coverage, height, parking, or sign regulations; Minute Excerpt - 06/14/10 Page 2 • Proposed changes - city procedures and development standards - minor changes to allowable and discretionary land uses (primarily in the commercial district regulations) - Administrative Use Permit process will allow the Director to approve certain types of minor discretionary approvals (minor plan review or height variation) - Planning Commission recommended approval of the new Title 11 with the 43 amendments; • General categories in the 43 amendments - wireless telecommunication facilities - height projections (council action) - massage and accessory massage uses - child day care facilities - required garage exception (Surfside and Old Town) - residential conservation overlay zone (bed & breakfast facilities) - portable A -frame signs - record of interpretations - allowable incidental business activities, un- amplified entertainment - sound and music, outdoor dining and seating - garage sales (increased to 4 per year) • Zoning map revisions - changed the names of the zoning districts to match the zoning districts names in Title 11 - change portion of Old Town to RHD -20 zoning district; • Interim Community Guidelines - most consistent issues raised at the community meeting were "property rights" and in the area relating to themes of building mass, building bulk, and building design standards - consider removing the identified issues and create interim community guidelines - guidelines are not mandatory - would allow staff to present the guidelines to the property owners and architects indicating that the City would like them to consider - many other cities effectively use guidelines to encourage development that reflect the character and nature of the city - provisions that might be included in the guidelines: • Base District Regulations - Residential Districts • Base District Regulations - Commercial and Mixed -Use Districts • Base District Regulations - Light Manufacturing and Oil Extraction Districts • Focus exclusively on improving the built environment • Utilize the guidelines for 6 - 12 months with a report back to the Planning Commission on the effectiveness of the guidelines - if the guidelines are not favorably working it would be recommended to amend the zoning code to place those items back into the code • Guidelines should be adopted by Council Resolution • Staff recommendations - adopt Resolution No. 6005 - Negative Declaration 2010; adopt Ordinance No. 1598 - Title 11 - Zoning Code - repealing Chapter 28 - adopting Zone Change 10 -2; direct staff to prepare a resolution adopting the "Interim Community Guidelines ". The ordinance would need a second reading and adoption at the next Council meeting and would be effective 30 days after adoption. Any application deemed complete prior to the effective date of the new ordinance would be processed under the current Chapter 28 zoning code. The Director of Development Services pointed out that the City received 4 correspondences regarding the public hearing on 06/14/10 (copies were place on the dais for council and at the City Clerk's desk for the public) - Leslie Kern, Bay City Partners, Warren Morton, and Save Our Seal Beach. The director responded to the comment made concerning the business license provisions for home occupation uses - would recommend that "direct product distribution" be removed from requiring an Administrative Use Permit (AUP) and be put into the Permitted Uses (if they meet the 14 conditions). It was recommended that when Title 11 is adopted, there be a wholesale Minute Excerpt - 06/14/10 Page 3 change to references in any specific plan to Chapter 28 that would automatically point to Title 11 - this would allow the change without amending each and every specific plan individually. Council comments: • Councilman Miller - not all the concerns were addressed regarding home businesses. The director acknowledged that the most significant issue will be addressed if Council accepts the staff recommended change (not imposing an AUP) - the other concerns raised, with regard to home based businesses, were on the conditions added to the code, these conditions were added due to the fact that home based businesses are conducted out of a residence which is in an area primarily zoned for residential - one issue is to limit the amount of foot traffic in those areas - the neighbors would appreciate the limitations - one other issue is regarding the definition of "employee" , which is not currently in the code; • Councilman Miller - question regarding remodeling homes in College Park East. The director stated in regards to tri -level homes, remodeling would depend on the specific site and the slope of the property to determine which level would be determined the first floor - with regard to the general issue of enclosing the balconies, if Council accepts the "Interim Community Guidelines" residents would be able to do an addition without limitation to what is on the first floor; • Council Miller - answer to why not remove the provision completely - staff reviewed all the comments at the community meetings and the biggest concern that kept coming forward was "property rights ", therefore staff proposed that some of the provisions in the zoning ordinance that appeared to limit someone's property rights be put into guidelines; • Councilman Shanks - questioned if the Planning Commission made any type of ruling on the change to have "Interim Community Guidelines" - the director indicated that the Commission did not hold a hearing on the proposed guidelines but were informed of the staff recommendation; and • Councilman Shanks - difficulty accepting moving the provisions into the guidelines - the problem with guidelines is that they have no legal authority and there will be continued problems - most people will follow the guidelines but there are those who go as far as they can - would like to have at least a comment from the Planning Commission as a whole that they agree with having the community guidelines. Mayor Sloan opened the public hearing. Speakers: Mike Buhbe, chair for "Seal Beach for 2 Stories" and Central Way resident, said that he believes the provisions in the guidelines should be incorporated into the code as law - property rights has become a code word for meaning "I can do what I want on my property regardless what my neighbors think" - the zoning codes have had changes in the past for the health and safety of the people - residents want to have a code that would keep the bulk and mass of buildings under control; Robert Goldberg, Clipper Way, stated that the Bridgeport area would not be affected by the suggested community guidelines - gave his account of the history of the zoning process which included the issue of "mansionization" - the compromise agreement that was included in the Title 11 ordinance - rescinded the ordinance and put a ballot measure before voters - measure 7" prohibiting 3rd stories passed by 70% of voters - rational was to come back and deal with the mansionization issue - went through the process again to bring regulations that would control over building for the minority of residents who do not care what the impact of their house Minute Excerpt - 06/14/10 Page 4 would have on the neighbors - not dealing with the essence of the problem and should include the provisions in the code; At 10:39 p.m. Antos moved, second by Sloan, to continue the meeting according to Council Policy #100 -03 section 9 (Council Meeting Time Limits). AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried Eldon Alexander, 8th Street, provided his recollection of the actions and why the actions were taken on the issue - agreed there was a compromise with 2 story/3 story issue - the rest of the code was not necessarily regarding the mansionization, it was continuing the down zoning of property - once boundaries are set there is no need to make other changes unless it is for the health and safety reasons - if changes are allowed then it is said that there is a community standard to keep making changes - referendum was never completed when Council threw out the compromise - for measure "T' 30% of the voters recognized that they need to protect property rights - the inconsistencies in the new Title 11 will affect people individually - there will be a lot more unhappy people and Save Our Seal Beach will be there to do another referendum - the proposed guidelines should go to the Planning Commission for a formal decision - supports staff in the need for the interim guidelines; and Seth Eaker, Seal Beach Chamber /13th Street resident, expressed the support from the chamber for Title 11 and the transition to community guidelines as it pertains to business - supports staff recommendation to the change for home base business - complimented staff on the diligent process and encouraged Council to move to closure on this issue. There were no other speakers - Mayor Sloan declared the public hearing closed. Further Council comments: • Councilman Antos - Ordinance No. 1598, exhibit "A" - recommended the removal of all references to Administrative Use Permit and replace with Conditional Use Permit (Planning Commission approval) and to delete section 11.4.025.C.10 dealing with portable A -frame signs on Main Street - expressed his feelings about the look and liability the A -frame signs have on Main Street - people he has talked with have a big problem with the Administrative Use Permit and not comfortable with giving staff that authority - approval needs to stay with Planning Commission - there are 5 appointed people, not 1 person, making the decision based upon public testimony; Mayor Sloan called a recess at 10:51 p.m. in order for SBTV3 to reset the cable feed and reconvened the meeting at 10:55 p.m. • Mayor Pro Tern Levitt - stated Seal Beach prides itself on having different types of architectural structures unlike the planned communities where all the houses look the same like in Leisure World - if it is imposed or strongly suggested that everyone with a second story has to have a 14 foot step -back every second story will look alike - not in -favor of that look in the community - small town main streets around the country all have a unique look and there does not appear to have any problems with A -frame signs - not against them; • Councilman Shanks - requested that Council refer this item back to the Planning Commission for a response on comments regarding the questions on home base businesses, the comments made by Councilman Antos, and the "Interim Community Guidelines" - these issues were never given to the commission for a consideration; Minute Excerpt - 06/14/10 Page 5 Councilman Miller - questioned if there is a need to have step -back requirements for the second story - setbacks eliminate the mansionizations - residents in College Park East did not seem to have a problem with the step -back but now there seems to be a problem - as far as the community guidelines, if the provisions are not in Title 11 they do not mean anything - people will do whatever they want to - Council should see what is going to the Planning Commission regarding these issues before it is sent to them to make sure the Council agrees - would not like it to go back and forth; Mayor Sloan - these are major issues and should to back to the commission. Sloan moved, second by Miller, to refer Title 11 back to the Planning Commission to review the "Interim Community Guidelines ", issues regarding home base business, use of Administrative Use Permits, and restricting A -frame signs on Main Street. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried The City Attorney noted that there is a provision in the government code that anytime there is a change to the zoning ordinance and the Planning Commission has made a recommendation the City Council can refer it back and it does not require a public hearing before the Planning Commission and does not require another public hearing before the City Council - refer it back for their consideration - it is clear what issues that have been raised and the Planning Commission will have clear direction as to what they are to consider. Sloan moved, second by Shanks, to re -open the public hearing and continue the City Council public hearing to August 9th. AYES: Antos, Levitt, Miller, Shanks, Sloan NOES: None Motion carried STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the above is a true and correct copy of the minute order on file in the Office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting thereof held on the 14th day of June, 2010 DATED this 14th day of July, 2010 Linda Devine, City Clerk City of Seal Beach ATTACHMENT D JULY 21, 2010 PLANNING COMMISSION MINUTES (DRAFT) QRA�T 1 Mr. Flower advised that the adoption of Resolution No. 2 appeal period to the City Coun 3 appea egins omorrow morning. 4 5 SCHEDULED MATTERS City of Seal Beach Planning Commission Meeting Minutes of July 21, 2010 10 -31 begins a 1 - ac ion tonight is final and the 3. Consideration of Four Issues Related to the New Zoning Code and Zoning Map - Title 11: Zoning — Seal Beach Municipal Code. Staff Report Mr. Persico explained that 4 items were referred back to the Planning Commission by the City Council for consideration. 1. Home Occupancy Permits — Allows home occupancy permits subject to a business license. Businesses that are deemed to be more intensive and potentially more intrusive within a residential neighborhood would be subject to approval of an Administrative Use Permit (AUP) prior to receiving a business license to operate. Staff recommends that direct product distribution businesses be exempt from the AUP requirement. With regard to definition of employees, this is being expanded from residents of the property to include immediate family members. Also, Title 11 places a limit of one business visitor at any one time to ensure that the residence use remains primarily residential. Public Comments Chairperson Deaton opened for public comments. Doreen Stevens, independent consultant for Mary Kay Cosmetics, stated she has operated her home business for over 40 years and has never received complaints. She encouraged permitting 4 -6 business visitors at a time at home -based businesses. David Triplet spoke in support of Ms. Stevens' business. Seth Eaker spoke in support of exempting home businesses from the AUP process and encouraged permitting 6 -8 visitors at a time, two times per month. Joe Kalmick also encouraged permitting 4 -6 business visitors at a time. Commissioner Comments The Commission agreed that limiting visitors to one at a time was too restrictive. Several Commissioners recommended permitting between 2 and 6 visitors at a time by business license, no more than twice a month, and setting up a special permit process for larger group gatherings. Staff suggested making businesses congregating larger 6of10 City of Seal Beach Planning Commission Meeting Minutes of July 21, 2010 1 groups subject to the AUP provision. Staff noted that all businesses would still be 2 subject to the Noise Ordinance. 3 4 2. Administrative Use Permit — Under Title 11 the Administrative Use Permit (AUP) 5 provides for Staff review of projects that are permitted by right and would have 6 minor impacts on neighborhoods. City Council has requested that all use 7 applications be subject to review by the Planning Commission. Staff proposes that 8 a new category of permit, a Minor Use Permit (MUP), be required for projects that 9 would not significantly impact surrounding properties and would be subject to 10 review before the Planning Commission. 11 12 Commissioner Comments 13 14 Commissioner Massa -Lavitt favored the AUP. DRA 15 16 Commissioner Bello suggested using the AUP on a trial basis. 17 18 Chairperson Deaton stated that she had no problem with the AUP as long as it does not 19 include amplified music. 20 21 Seth Eaker spoke in support of Administrative Use Permits. 22 23 MOTION by Massa - Lavitt; SECOND by Bello to adopt Administrative Use Permit for 24 items identified in the Draft Title 11 as presented. 25 26 MOTION CARRIED: 5 — 0 27 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt 28 NOES: None 29 ABSENT: None 30 31 3. A -Frame Signs on Main Street— The Draft Title 11 allows A -Frame signs on private 32 property on Main Street, but prohibits A -Frame signs on any public right -of -way. 33 34 Commissioner Comments 35 36 Chairperson Deaton recommended continuing this item to the next scheduled meeting 37 so that Staff could provide photographs of the properties where A -Frame signs would be 38 permitted. The Commission was in agreement. Chairperson Deaton added that the 39 Planning Commission needs to revisit the Main Street Specific Plan (MSSP) to make 40 further determination on this type of signage. 41 42 Seth Eaker spoke in support of A -Frame Signs on private property and supports 43 revisiting the MSSP. 44 45 7of10 City of Seal Beach Planning Commission Meeting Minutes of July 21, 2010 MOTION by Deaton; SECOND by Bello to recommend to the City Council that the Planning Commission take no action on this item at this time, but will continue to review A -Frame Signs at a future date and proposes review of the Main Street Specific Plan. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa -Lavitt NOES: None ABSENT: None 4. Interim Community Guidelines — The proposal is to move several design guidelines out of the Draft Title 11 and place them into a separate document entitled Interim Community Guidelines, which would make them voluntary rather than law. Public Comments The following individuals spoke in support of the Interim Community Guidelines: Stanley Smallowitz Leslie Kern Marla Smallowitz Erin Hern Seth Eaker DRAFT Commissioner Comments Commissioner Massa -Lavitt and Galbreath spoke in support of the Interim Guidelines. Chairperson Deaton stated that she would not place a timeline on when to return for review of the Guidelines. She said this should be left to the discretion of the Director of Development Services, should he find that they are creating any issues. MOTION by Deaton; SECOND by Galbreath to recommend to the City Council the adoption of the Interim Community Guidelines. MOTION CARRIED: 5 — 0 AYES: Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: None ABSENT: None At 10:10 p.m. Chairperson Deaton called for a 5- minute recess. The meeting reconvened at 10:15 p.m. Staff suggested that the ordinance read "family member" instead of "immediate family member." 8of10 City of Seal Beach Planning Commission Meeting Minutes of July 21, 2010 1 Joe Kalmick inquired about the types of complaints received regarding home -based 2 businesses. Mr. Persico stated that most of the complaints are related to direct product 3 distribution with people storing stock in their garages and employees coming by to load 4 stock into their vehicles. 5 6 Several Commissioners recommended limiting the number of organized classes to up to 7 6 people. It was also agreed that an Administrative Use Permit (AUP) would be 8 required for amplified music during instruction, musical recitals, or when 2 or more 9 persons receive instruction at the same time. Also the statement that Noise Ordinance 10 regulations still apply to all home -based businesses should be included. 11 12 MOTION by Massa - Lavitt; SECOND by Cummings to recommend to the City Council 13 approval of the Home Occupancy Regulations as originally proposed, subject to the 14 following changes: 15 16 1. Allow a family member to operate as an employee 17 2. Administrative Use Permit would not be required for direct product distribution 18 within the basic operating standards for home occupations. 19 3. Home Occupations must comply with the City Noise Ordinance 20 4. Up to 6 individuals can meet at the residence as part of the home business. 21 22 MOTION CARRIED: 5 — 0 23 AYES: Deaton, Bello, Cummings, Galbreath, and Massa- Lavitt 24 NOES: None 25 ABSENT: None 26 27 IRECTOR'S REPORT ( o 28 !J 29 Plannin ommission Items for August 4, 2010: 30 31 Minor Pla eview - 316 Marina Drive. 32 Update on Par ' Concerns - Seal Beach Center, 901 -1101 Pacific Coast 33 Hwy. 34 35 Planning Commission Items for Au t 18, 2010: 36 37 Zone Change, General Plan Amendm Variance 38 Conditional Use Permit, Negative Dec tion — 1300 Pacific Coast Hwy. 39 (Chevron Station) 40 Minor Plan Review - 1101 Seal Way 41 Minor Plan Review - 1305 Crestview 42 43 An Old Town Neighborhood meeting is scheduled for Tuesday, Augus 0, 2010, for 44 residents who live between 10 Street, Electric Avenue, 17 Street, and Pa ' c Coast 45 Highway to discuss emergency access, on- street parking, and general de 46 enforcement. 9of10 ATTACHMENT E JUNE 14 2010 LETTER FROM BAY CITY PARTNERS ay City Partners 29999 Westminster Avenue Suite 211 Seal Beach, California 90740 562-594-6715.. Honorable Mayor and City Council City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 June 14, 2010 Re: Public Hearing BB - Negative Declaration 2010 -1 and Adoption of Municipal Code, Title 11; Zoning; and Adoption of Zone Change 10 -2. Honorable Mayor and City Council: .Bay City Partners; owners of the property within the DWP Specific Plan, hereby objects to the adoption of the above referenced Negative Declaration 2010 -1 and Change of Zone 10 -2. Bay City's reasons for doing so are as follows: 1., The change of zone impacts the DWP Specific Plan and those impacts have not. been analyzed from any perspective in the initial study. We reserve the right to detail the specific impacts. We only became aware of this today and have not had sufficient time to further evaluate the environmental impacts of this change of zone on the DWP property. 2. The proposed chance of zone appears to remove the PLUR Zone from the zoning code entirely. Since the PLUR zone contains the operative zoning regulations for the Open Space Area of the DWP Specific Plan removal of this zone from the code without amending the DWP Specific. Plan makes the Specific Plan and Zoning Code inconsistent, a violation of the State Planning Laws, particularly when the city is placed on notice in advance that it's action is creating an inconsistency. 3: The adopted DWP Specific Plan, by incorporating the PLUR zone by reference, requires that the Open Space Area be owned by a public entity. The Zone Change creates two new zoning districts from the. PLUR Zone but has not specified which one applies to the DWP Specific Plan. Chapter 11.2.25 creates an Open Space Parks and Recreation Zone and Chapter 11.2.20 creates a Public and Semi Public Facilities District. Both replace portions of the PLUR district but does not specify which regulations will apply to the DWP Specific Plan. 4. By adopting this code as is the city continuing a long established path of regulatory taking by designating property within the Specific Plan as Public Open Space in excess of the impact of the development area within the Specific Plan. LADWP objected to this in both the original Specific Plan and the amendment. Bay City continues to raise these objections as there is no reasonable relationship to the impact of the development area to the area being designated as Public Open Space. The Nolan and Dolan decisions clearly established the principles of nexus and reasonable relationship. 5. The property within the DWP Specific Plan is comprised of 8 separate legal parcels. By adopting this code you continue to leave a number of these parcels with no reasonable economic use. For th above 'easons we urge you not to move forward and adopt Negative De ption 2010 -1)a,pd Zone Change 10 -2 Edward D Selich Bay City Partners Project Manager 627 Bayside Drive Newport Beach Ca 92660 949 - 723 -6383 edselich -roadrunner.com 2 ATTACHMENT F JUNE 1 8, 2010 LETTER FROM BAY CITY PARTNERS Bay City Partners 29999 Westminster Avenue Suite 211 Seal Beach, California 90740 562- 594 -6715 Mr. Mark Persico, Director Development Services c'; �; = City of Seal Beach i 211 Eighth Street Seal Beach, CA 90740 June 18, 2010 .= Re: New Zoning Code Dear Mark, The new Zoning Code as presented to the City Council on June 14, 2010 has serious errors regarding the DWP Specific Plan. The two attached exhibits show two areas of conflict on the proposed Zoning Code Map for the Old Town - Bridgeport Area. Area 1: This area is included in the DWP Specific Plan Legal Description. The Zoning Code Map should be corrected to show that. Area 2: This area is shown on the Zoning Code Map as part of the Specific Plan but is not included in the adopted DWP Specific Plan Ordinance Legal Description. The legal description of the DWP Specific Plan should be amended as part of this new Zoning Code to correctly include this area in the DWP Specific Plan. I have previously brought these inconsistencies to the City's attention with no action taken. Failure to include these corrections in this ordinance is not only poor planning policy but it abrogates our rights as property owners. We understand the Zoning Code has been referred back to the Planning Commission. Please make these corrections in the version that is returned to the City Council. Failure to address these issues as part of the ZRAng Code, adoption process will force Bay City to consider taking the app riate action tq resolve these inconsistencies. 1 J _/ Edward D Selich Bay City Partners Project Manager 627 Bayside Drive Newport Beach Ca 92660 949 - 723 -6383 edselicha -road runner. com Cc: David Carmany, City Manager Quinn Barrow, City Attorney City Council Tr - C 1 1 Legend Area 1: Included in DWP Specific Plan Ordinance Legal. Description to be added to City Zoning Ordinance Map FREEWAY Area 2: Not included in DWP ZONING Specific Plan Ordinance to C <all other valuos� be added by ammending DIP Type Specific Plan Ordinance f /� Legal Description RLD•9 (Residential Lan (Mnslly -9) RLO.15 (Residential Lew Density-15) © Rlr1D -111 (Residenllal Idedlum Denslly -1r1) © RHD -20 (Residanllal High Density -20) 0 RHD-33 (Roaldoutlal High Density - 33) N (� RHO-PD (Residardlai High Density - Planted Development) © RHD- 40 (Residential High Density-46) LCI MD (Umded Commercial/Residential Medium Density) MSSp (Main Street Specific Plan) PO (Prolass(onal 011lco) © SC (Service commercial) ® GC (General Commercial) Uri (Light Manufacturing) ® OE (Oil Extracson) ® PS (Public and Sanipubhc Facilities) �! RG (Recrealran/Golq Q MIL (MIUlaiy) 7fl 13EA (Beach) Q or.-N (open Space Natural) OS -PR (Open Space Parks and Recreation) Q SPR (Specific Plan Regulation) Zoning Map (OLD TOWN & BRIDGEPORT) W AL`I'A /ACSh1 LAND 'TITLE SURVEY TOPOORAPMIC MAP Spocific Plan Boundary Shown on City Maps Area Within Specific Plan Legal Description Not Shown On City Maps Area Within Specific Plan Boundary Shown on City Maps Not Included in Spocific Plan Legal Description r� -I,� - '•mil _ \ \• �• \�� ` / . 1 . ,• __ _ -- - -y;, _: iii -- __ , • ,i t Km + + r + 1 r ? r :r �rl rr, fi pr r r r r °y • `•� itw JJ • !1 �� j�'h '� L•. :` \ wwr r - `;- _- ;1-- '•,- ``� -� - -:.: •� =� l _ . - - °:- A ' El ' 3 3.1. DWP Specific Plan Boundary '•, �, V � a �6 � f3s i fit rS� INN !1.1 JIM JI rt f ILL ATTACHMENT G JUNE 14, 2010 CITY COUNCIL STAFF REPORT (WITHOUT ORIGINAL ATTACHMENTS) (0 00 AGENDA 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 55 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 17 Street Alley, Electric Avenue, and the 12 /13 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 Business Community Meetings ❑ March 1, 2010: Old Town ❑ March 3, 2010: Old Town ❑ March 2, 2010: Surfside ❑ March 15, 2010: Old Ranch Towne Center /Shops at Rossmoor ❑ March 9, 2010: College Park East ❑ March 16, 2010: Old Town & West ❑ March 10, 2010: Leisure World ❑ March 23, 2010: Seal Beach Center /Seal Beach Village ❑ 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 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 2 nd Story Building Area to 1 St Story Building Area; ❑ Section 11.2.05.015.E — 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 11.2.15.015.13 — 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: David Carm y, City Manager Lee Whittenberg, Development Services Project Consultant