HomeMy WebLinkAboutCC AG PKT 2010-10-11 #R AGENDA STAFF REPORT
DATE: October 11, 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 Number 6005, a Resolution of the Seal Beach City
Council Adopting Negative Declaration 2010 -1 for the Seal Beach
Municipal Code Title 11 (Zoning), and instructing staff to file the
appropriate CEQA notices.
❑ Introducing Ordinance Number 1598, an Ordinance of the City of Seal
Beach amending the Seal Beach Municipal Code by adopting Title 11
(Zoning), and adopting Zone Change 10 -2 (Zoning Map).
❑ The Planning Commission's recommendations regarding mansionization
on the Hill and in the Coves (Council District 3).
BACKGROUND AND FACTS:
This is the third City Council public hearing on the February 2010 version of the
Zoning Code. The initial public hearing was conducted on June 14, 2010. At that
hearing the Council continued the matter to August 9, 2010, to allow the Planning
Commission to consider four specific items:
1. Home Occupancy Permits — revisions to better define employees,
determine how many visitors should be allowed at a home -based
business, and determine if "direct product distribution" should be allowed
with only a business license;
Agenda Item R
Page 2
2. Administrative Use Permit — should Staff be granted the authority to
review and approve minor uses or should all entitlements be reviewed and
approved by the Planning Commission;
3. A -frame signs on Main Street — should A -frame signs be permitted on
private property within the Main Street Specific Plan area; and
4. Interim Community Guidelines — should certain development standards
and design provisions be excerpted from the Ordinance and adopted by
resolution as Community Guidelines.
At the hearing of August 9, 2010, the City Council received an update on the
Planning Commission actions regarding the four issues above, and the Council
received further testimony. The hearing concluded with the City Council continuing
the matter to October 11, 2010, and directing Staff as follows:
1. The Community Guidelines should be deleted and removed from all further
discussion;
2. The Administrative Use Permit should be removed and replaced with a
Minor Use Permit, which would require Planning Commission action;
3. The issues of signage on Main Street were deferred pending a
comprehensive update to the Main Street Specific Plan;
4. Further direction was given regarding the Home Occupancy Permit
standards;
5. Staff was asked to prepare a clean version of the Zoning Code incorporating
all of the changes recommended to date; and
6. The Planning Commission was asked to consider the issue of
mansionization in Council District 3 (the Hill and the Coves).
DISCUSSION:
On September 15, 2010, the Planning Commission considered the matter of
mansionization within specific areas of Council District 3. The Planning
Commission received oral and written comment requesting that the issue of
mansionization be addressed, and that the neighborhood be included in the
process. There was concern from the residents and several Planning
Commissioners that the issue needed more study and analysis before adopting
standards. Everyone agreed that the issue of neighborhood compatibility and
urban form are important and that more analysis was needed.
Page 3
The Planning Commission unanimously recommended to the City Council that
further workshops and study be undertaken prior to adopting anti - mansionization
standards (see attached minutes). However, the Planning Commission felt the .
current draft version of the Zoning Ordinance could be adopted with the subsequent
amendments to follow.
As noted in the draft Resolution for the mitigated negative declaration, the proposed
Title 11 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. The provisions of Title 11, insofar as they
are substantially the same as ordinance provisions previously adopted by the City
relating to the same matter, are restatements and continuations of existing law, and
not new enactments.
Further, it has been the intent of the City to make no changes to the ordinances,
rules and regulations governing specific plans in the City. The City has previously
adopted the following specific plans in the City: Main Street Specific Plan, Boeing,
Bixby Old Ranch Business Park, Hellman, and the DWP Specific Plan. Title 11
does not amend or make any changes to such Specific Plans. Due to comments
raised by Bay City Partners, staff has revised the draft ordinance to make it clear
that the substance of the regulations in Chapter 28 related to specific plans is
recodified in the draft Title 11. In most instances, the language has been duplicated
verbatim. In no event has there been any change to the ordinances, rules and
regulations governing specific plans.
SUMMARY:
Staff prepared and delivered a clean version of Title 11 (Zoning) to City Council
members, placed it in the Mary Wilson Library and posted a copy on the City's
website. At this point the City Council has received Planning Commission input
regarding mansionization in Council District 3 as requested.
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
Page 4
Seal Beach Municipal Code Title 11 (Zoning) and Zone Change 10 -2
(Zoning Map), and instructing staff to file appropriate documentation with .
appropriate state and county agencies.
❑ Introducing Ordinance Number 1598, an Ordinance of the City of Seal
Beach amending the Seal Beach Municipal Code by adopting Title 11
(Zoning), and adopting Zone Change 10 -2 (Zoning Map).
SUBMITTED BY: NOTED AND APPROVED:
Mark Persico, Al David Carmany, City Manager
Director of Development Services
Attachments:
A. Resolution No. 6005
B. Ordinance No. 1598
C. August 9, 2010, City Council Minute Excerpt
D. September 15, 2010, Planning Commission Minutes (Draft)
E. Draft Title 11: Zoning dated October 11, 2010
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) AND ZONE CHANGE 10 -2 (ZONING MAP)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, FIND, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City has proposed revising the City's Zoning Code ( "Project ") to
reflect the most appropriate and best available development regulations and
standards to meet the desires of the community regarding development within
the City. Such a comprehensive revision effort has not been undertaken within
the community since 1974. The proposed Title 11, Zoning, does not change
standards for basic lot size, density and building intensity, setback, lot coverage,
height, parking, and sign regulations of the current zoning Code. There are
minor changes to allowable and discretionary land uses within the City, such as
news stands, kiosks, artist's studios, catering services, and handicrafUcustom
manufacturing uses.
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 (Califomia
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 Califomia Office of Planning and Research, May 18, 2010;
❑ State of Califomia Coastal Commission, May 17, 2010;
❑ State of Califomia Department of Transportation, District 12, May 6, 2010;
❑ State of Califomia Native American Heritage Commission, May 6, 2010;
and
❑ City of Seal Beach Environmental Quality Control Board, Minutes of April
28, 2010.
SECTION 3. City Staff has prepared written responses to all comments on the
Initial Study /Negative Declaration, and provided the responses to the City Council.
SECTION 4. The City's Planning Commission reviewed the Initial Study /Negative
Declaration on May 5, 2010, in conjunction with a public hearing on the Project and
neither received public comments nor provided Commission comments. The City's
Environmental Quality Control Board ( "EQCB ") reviewed the subject Initial
Study/Negative Declaration on April 28, 2010. No public comments were received
at that time. The EQCB provided comments. City staff has responded to the
EQCB's comments.
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 Reports dated June 14, August
9 and October 11, 2010, additional public comments, and the whole record before
the City Council, the City Council hereby finds that the Negative Declaration
Resolution Number 6005
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 Califomia
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 Title 11 (Zoning) Seal Beach Municipal Code and Zone
Change 10 -2 (Zoning Maps), 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.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 11th day of October , 2010 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
Resolution Number 6005
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 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 11th day of October , 2010.
City Clerk
ATTACHMENT "B"
ORDINANCE NO. 1598
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING THE SEAL BEACH MUNICIPAL CODE BY
ADOPTING 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 ADOPTING 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 adopts Title 11 (Zoning) to
read as set forth in that document titled "Draft Title 11: Zoning, October 11, 2010°
as amended in Section 3 of this ordinance. Such document, with the
amendments herein, is referred to as "Title 11." A copy of Title 11 is on file with
• the City Clerk. Title 11 is hereby incorporated by reference and made a part
hereof.
SECTION 2. The provisions of Title 11, insofar as they are substantially
the same as ordinance provisions previously adopted by the City relating to the
same matter, shall be construed as restatements and continuations, and not as
new enactments.
SECTION 3. Title 11 does not change or amend the ordinances, rules and
regulations governing specific plans in the City. For purposes of recodifying the
provisions of former Chapter 28 related to specific plans, Title 11 is hereby
amended as follows:
a. Section 11.3.25.010 is hereby added to Title 11 to read as follows:
11.3.25.010 General Provisions.
A. Such Specific Plan shall be consistent with and implement
the General Plan. A Specific Plan shall provided for the type,
location and density of and uses, the development standards and
regulations, including but not limited to height, setback,
landscaping, and parking requirements, the purpose, type, location
and extent of public improvements and facilities, and any other
matters considered appropriate or necessary.
B. With respect to any property for which a Specific Plan has
been adopted, no tentative tract map or tentative parcel map may
be approved nor may any permit license or other entitlement for
use be granted or issued unless such map, permit, license or other
entitlement for use is consistent with such Specific Plan.
C. The City Council, after adopting a Specific Plan, may impose
a Specific Plan fee upon persons seeking governmental approvals
which are required to be consistent with the Specific Plan. The fees
shall be established so that in the aggregate, such fees (as
estimated) defray, but do not exceed the cost of preparation,
adoption, and administration of the Specific Plan, including costs
incurred pursuant to Division 13 (commencing with Section 21000)
of the Public Resources Code. As nearly as can be estimated, the
fee charged shall be a prorated amount in accordance with the
applicant's relative benefit derived from the Specific Plan. In
addition, the Department of Development Services may require a
person who requests adoption or amendment of a Specific Plan to
deposit a sum of money in an amount equal to the estimated cost
of preparing the plan or amendment by the Department of
Development Services."
Ordinance Number 1598
b. Section 11.5.15.040C of Title 11 is amended to read as follows:
"11.5.15.040 C. Special Factors in Determining Specific Plan
Standards. Prior to approving a specific plan or an amendment to a
specific plan, particular care must be exercised in the establishment
of building height development standards for each Specific Plan
under the provisions of Section 11.3.25.010 A. Factors to be
carefully weighed shall include, but not limited to, the Planning
District in which the Specific Plan is to be located, the former
zoning of the Specific Plan site, height of existing buildings
immediately surrounding the Specific Plan site and the effect of the
building height on the areas surrounding the Specific Plan Site.
No building within the SPR Zone shall exceed a height of 39 feet,
except for nonhabitable architectural features of any proposed
buildings, in that portion of the City known as the Coastal Zone as
defined by the Califomia Coastal Act or north of the San Diego
Freeway, except such portions thereof which are zoned LM, Light
Manufacturing, on the effective date of this Ordinance. The
provisions of this section shall not apply to any validly existing
Specific Plan approved by the City prior to the adoption of this
section."
SECTION 4. The adoption of this Ordinance does not affect the following
matters:
a. Actions and proceedings that began before the effective date of this
Ordinance.
b. Prosecution for ordinance violations committed before the effective
date of this Ordinance.
c. Licenses and penalties due and unpaid at the effective date of this
Ordinance.
d. Collection of licenses and penalties due and unpaid at the effective
date of this Ordinance.
e. Bonds and cash deposits required to be posted, filed or deposited
pursuant to any ordinance, resolution or regulation.
f. Matters of record that refer to or are connected with an ordinance
whose substance is included in Chapter 28. Such references shall
be construed to apply to the corresponding provisions of Title 11.
SECTION 5. Any ordinance, including portions of the previously existing
Chapter 28 (Zoning) that has not been recodified in title 11 that is inconsistent
with Title 11 is hereby repealed.
SECTION 6. Nothing in this Ordinance shall in any manner modify or
otherwise affect the following subject matters:
a. Corporate or jurisdictional limits of the City.
b. Contracts to which the City is a party.
c. City taxes.
d. City franchises.
e. Highways, roads, streets or other public right -of -way.
f. Bonds or indebtedness of the City.
g. A district, public corporation or other entity established by the City.
h. Specific public improvements or assessments.
i. Appropriation or investment of City funds.
•
Ordinance Number 1598
SECTION 7. The Council hereby directs the City Clerk to replace Chapter
28 (Zoning) with Title 11 and to make all necessary, non - substantive conforming
revisions, including but not limited to clerical corrections to section numbers,
table and figure references and cross references. Further, the Council directs
the City Clerk 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. Such
clerical changes will not confer additional rights or obligations on property
owners.
SECTION 8. The City Council hereby adopts Zone Change 10 -2 (Zoning
Map).
SECTION 9. 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.
SECTION 10. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published
and posted in the manner required by law.
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 11th day of October , 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
ATTACHMENT "C"
AUGUST 9, 2010,
CITY COUNCIL MINUTE EXCERPT
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MINUTE EXCERPT �RPOrrq'°Fq`y+
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Seal Beach California s;y'•` ES Q -oe:
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August 9, 2010 cO,, \9 * G O > -
The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with
Mayor Sloan calling the meeting to order and Mayor Pro Tem Levitt leading the Salute
to the Flag.
ROLL CALL
Present: Mayor Sloan; Council Members: Antos, Levitt, Miller, Shanks
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS &
ORDINANCES
Mayor Sloan reordered the agenda placing item "BB" (Continued Public Hearing - Title
11) after the Presentations. Items pulled from consent calendar - Miller pulled items "I ",
"P ", and "AA "; and Shanks pulled items "X" and "Y ". Shanks moved, second by Antos, •
to approve the agenda as amended.
AYES: Antos, Levitt, Miller, Shanks, Sloan •
NOES: None Motion carried
PUBLIC HEARING
ITEM "BB" / CONTINUED PUBLIC HEARING / RESOLUTION NO. 6005 / NEGATIVE
DECLARATION 2010 -1 / ORDINANCE NO. 1598 / SEAL BEACH MUNICIPAL CODE /
TITLE 11 - ZONING (Referred to Planning Commission - 06/14/10)
Mayor Sloan stated this was the time and place for the continued public hearing for the
consideration of: Re- 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 and adopting Zone Changes 10 -2 and 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
stated that the Planning Commission considered the 4 issues (Home Occupancy
Permits; Administrative Use Permits; A -frame Signs on Main Street; and Interim
Community Guidelines) that the Council had referred back to them for further review.
The Commission provided recommended changes to the provisions addressing home
. occupancy permits and had. no recommended changes_ for the_other..3 issues.. The .. _
following recommendation was provided in the staff report:
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.
Page 2
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;
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. Allow 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 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
Page 3
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 instruction 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.
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.
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.
The Director indicated that the Planning Commission at their August 4th meeting
revisited item B -17 (Allowable On -site Visits) to discuss the impact this would possibly
have on the neighborhood. After deliberating the Planning Commission voted
unanimously to revise B-17 to read as follows; 17. Allowable On -site Visits. That ._.
Home Occupancy Standards allow up to six (6) clients, patients, or pupils to be
present at any one time except child day care facilities, provided that only one
group, regardless of size, is allowed per week.
The Director indicated that 2 new letters were received: (copies were, provided to
Council and the public) Bay City Partners (August 6th) - this was their second letter and
staff has reviewed their concerns and their issues have been addressed in Title 11; the
other letter was received by Scott Levitt (August 9th) - stating his opinions regarding
community guidelines. The other item given to the Council was a memo relating to
Page 4
specific plans with a revised draft ordinance: provisions affecting specific plans in
Chapter 28 would be incorporated into Title 11 - this would not change any zoning
regulations applicable to any specific plans - adopting Title 11 does not impact specific
plans, they are separate legal documents. The Director clarified that the Planning
Commission determined that residential areas need to be protected while at the same
time allow Home Base Businesses (HBB) - tried to create a balance - if a business
wanted to have groups more than once a week the business owner would need to go
through a permit process - this would allow the City to make sure the residential zones
would remain first and foremost residential. Mayor Pro Term Levitt disagreed with the
rationale to this limitation.
Mayor Sloan declared the public hearing open. Speaker Comments: Doreen Stevens,
College Park East, reiterated her statements regarding the changes to the Home Base
Businesses (Mary Kay products); Ellery Deaton, Planning Commissioner Chair /4th
Street resident, justified the Planning Commission's decision on the issue of Home
Base Business - everyone needs to talk to each other to solve any problems regarding
the issues on Main Street; Ed Selich, Bay City Partners representative, expressed that
they did not feel that all their issues were addressed and suggested this item be
continued; Lisa McKinnery, owner of the toy shop on Main Street, spoke on the issue of
A -frame signs and other items on the sidewalks - would like merchants to have an
opportunity to have their voices heard; Joyce Parque, 6th Street, stated this item should
be continued until after the November election - do not rush this through - may have
new council members as well as planning commissioners; Eldon Alexander, 8th Street,
indicated that at the joint study session it was agreed to revisit the Main Street Specific
Plan (MSSP) and include all the issues like A -frame signs at that time - not in favor of
the guidelines, all the items should be in the ordinance = the provisions to specific plans
need to go to the planning commission for approval - should not legislate by complaints,
need to create a tracking procedure to document complaints and the effects; Seth
Eaker, Seal Beach Chamber /13th Street resident, said that businesses have a voice
(several audience members were present) with regard to Title 11 - need to have a
MSSP committee to deal with issues that affect businesses - Home Base Businesses
need to be permitted by right - need to have an easier step for permits either
administrative use permits or minor use permits; Robert Goldberg, Clipper Way,
,addressed the issue of Community Guidelines - agreed with Planning Commission that
all areas are unique and one set of regulations do not fit all - mansionization has not
been dealt with in the Hill area and need regulations; (name not stated), new resident in
Seal Beach, in favor of benches, A -frame signs, and flower pots - family atmosphere -
need to save this way of life; Jim Klisanin, 11th Street, expressed his views regarding
the liabilities on Main Street - not caused by merchants but by cobblestones, news
racks, bike racks, and tree roots (should plant palm trees); Erik Dryer - Goldman,
business owner /resident at College Park West, stated that everyone needs to work
together - need to create a MSSP committee; Diane Frolaw, Seal Beach resident,
supports businesses, benches, and A -frame signs; Joanie Brinney, owner of stain glass
business on Main Street, said her business has no signage and needs A -frame sign to
draw customers to the back courtyard on 300 block of Main Street; Lou Manuney, new
Seal Beach resident, questioned why businesses did not have input in the proposals -
there are several other problems on Main Street. There were no other speakers -
Mayor Sloan declared the public hearing closed.
Page 5
With no objections Mayor Sloan called for a recess at 8:05 p.m. and reconvened the
meeting at 8:11 p.m.
Councilman Miller suggested to modify the Home Base Business provision to allow 1 -2
people anytime and 3 -6 people to whatever Council agrees is appropriate - College Park
East has no problems with mansionization - guidelines have no benefits (data collection) -
CPE should not have the 75% reduction on the second story - requested a clean version
of the complete Title 11 to be able to review it in total. Councilman Antos stated he is a
professional planner (37 years - 10 years in Seal Beach) - no changes to the rules since
1972 regarding A -frame signs and benches in the public right -of -way, needs a permit -
private property is entirely different - community guidelines are not laws and have no
teeth. Mayor Pro Tem Levitt said that this Council has had to deal with actions from
previous Councils and would not like to be one that makes a wrong decision at the wrong
time - suggested this item be postponed for the next Council (after November election) -
should not make decisions that would adversely affect businesses during this recession.
Councilman Shanks pointed out that Seal Beach is broken down into several areas with
different problems and does not agree with Community Guidelines - the area he
represents (Hill area) needs an ordinance that deals with mansionization - 75% second
floor coverage is needed, if this is guaranteed he can approve the Community Guidelines
- A- frames are allowed on private property but can cause a problem if there are too many
- MSSP committee needs to meet after the election to deal with all the different problems
and for new input - hearings on the zoning code have been going on for over 4 years -
need to vote on this sooner or later. Mayor Sloan does not agree that the Administrative
Use Permit (AUP) is a good tool, the current system is working. After further discussion
on Community Guidelines and Home Base Businesses the Council took the following
actions:
Levitt moved, second by Sloan, to postpone any action until after the first of the year
and a new City Council is seated.
AYES: Levitt, Sloan
NOES: Antos, Miller, Shanks Motion failed
The City Attorney commented that the floor is open for any other motions. Individual
motions need to be made for each item that require direction for modification /amending
- there is no clear direction at this point.
Miller moved, second by Antos, to continue the public hearing to the next Council
meeting and direct the City Manager to provide a clean version of the ordinance to
include all actions taken. by_Council. . .
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Miller moved, second by, Antos, to allow 3 to 6 people twice a week for Home Base
Occupation (more than 6 people and /or more than twice a week will need a minor use
permit).
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Page 6
Miller moved, second by Antos, to not have Community Guidelines and incorporate into
the ordinance.
AYES: Antos, Levitt, Miller, Shanks
NOES: Sloan Motion carried
Sloan moved, second by Levitt, to remove reference to Administrative Use Permit.
AYES: Antos, Levitt, Miller, Shanks, Sloan
NOES: None Motion carried
Antos moved, second by Shanks, that consideration of A -frame signs be discussed with
the review of the Main Street Specific Plan.
AYES: Antos, Miller, Shanks, Sloan
NOES: Levitt Motion carried
City Attorney stated in regards to specific plans, staff is proposing to maintain the
existing language in the current code be reflected in all specific plans, there are only
changes in the numbering (administrative changes). Title 11 makes absolutely no
changes to the zoning of any property that is under a specific plan and does not have to
go back to the Planning Commission. The Planning Commission may review the clean
version before it is presented to the Council.
Mayor Sloan re- opened the public hearing and Levitt moved, second by Antos, to
continue until the October 11th Council meeting.
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 City Council of the City of Seal Beach at a
regular meeting thereof held on the 9th day of August, 2010.
DATED this 9th day of September, 2010
Li da Devine, City Clerk
City of Seal Beach
ATTACHMENT "D"
SEPTEMBER 15, 2010,
PLANNING COMMISSION MINUTES (DRAFT)
City of Seal Beach Planning Commission
Meeting Minutes of September 15, 2010
1 Mr. Flower advised that t - - - . • 'es.. - 1 4.0 begins a 10 -day calendar
2 appeal .- - ity Council. The Commission action • • • - = - #- and the
3 ap• - period begins tomorrow morning.
4
5 3. Consideration of Anti - Mansionization Issues in Council District 3 - Title 11: Zoning
6 — Seal Beach Municipal Code.
7
8 Staff Report
9
10 Mr. Persico indicated that City Council has referred this issue back to the Planning
11 Commission for consideration. Staff is recommending that a second floor limitation
12 provision be added to the RLD -9 Zone (south of Westminster Avenue) development
13 standards as presented under item D3 on Page 2 of the Staff Report. He then noted
14 that he had received two e-mail messages from homeowners within Council District 3
15 requesting that this item be delayed for further discussion.
16
17 Commissioner Bello stated that she agrees that more time must be allotted for
18 discussion on this issue.
19
20 Public Comments
21
22 Robert Goldberg noted that in the Community Guidelines Ocean Avenue is excluded
23 from this provision. He asked if the second floor provision would comprise 75% of the
24 existing first floor or of the maximum permitted ground level build out area. He then
25 requested clarification on each of the Community Guidelines and which ones would
26 apply to The Hill area. He also stated that more time must be allocated for this
27 discussion.
28
29 Commissioner Comments
30
31 Commissioner Bello recommended that this item be returned to City Council for proper
32 public hearings.
33
34 Commissioner Cummings noted that discussion at the City Council meeting had
35 questioned the need for separate Community Guidelines, and comments were made
36 regarding making them a part of the Zoning Code.
37
38 Chairperson Deaton agreed with Commissioner Bello and noted that the community to
39 be affected by these changes must be allowed to participate and be made a part of the
40 process.
41
42 MOTION by Bello; SECOND by Galbreath that Consideration of Anti - Mansionization
43 Issues in Council District 3 be returned to City Council with a recommendation that
44 public workshops be held prior to conducting public hearings.
45
46 MOTION CARRIED: 5 — 0 — 0
DRAFT
3 of 8
ATTACHMENT "E"
DRAFT TITLE 11: ZONING
DATED OCTOBER 11, 2010
PREVIOUSLY DISTRIBUTED TO CITY COUNCIL
UNDER SEPARATE COVER
(Available for review at the City Clerk's Office
and libraries - also on the City's Website:
www.ci.seal-beach.ca.us)