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HomeMy WebLinkAboutCC AG PKT 2004-09-13 #N • • AGENDA REPORT DATE: September .13, 2004 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: PUBLIC HEARING - ZONE TEXT AMENDMENT 04 -3 and ZONE CHANGE 04 -1 — BRIDGEPORT DEVELOPMENT STANDARDS and REVISION to RESIDENTIAL- LOW DENSITY . STANDARDS and REVISIONS to the ZONING MAP of the CITY • SUMMARY OF REQUEST: • Conduct public hearing and introduce ordinances to adopt Zone Text 04 -3 and Zone Change 04 -1. BACKGROUND: The issue of the preparation of appropriate development standards for the Bridgeport area of the City were considered by the City Council in early 2004 and an urgency ordinance was adopted by the City Council to allow staff to develop appropriate standards for the City Council to adopt into the Zoning Ordinance. The ordinance was extended until January 7, 2005 by the City Council adoption of Ordinance Number 1517 on February 23, 2004. A summary of the information that led to the City Council taking that action is provided in the Planning Commission Staff Report of August 18, 2004, provided as Attachment 6 to this Agenda Report. Overview of Current Code Provisions Regarding Bridgeport Area Development Standards: ❑ The Planning Commission approved a precise plan on November 30, 1966 in conjunction with Commission approval of Zone Change CZ -1 -66 and Tentative Tract Maps 6345 and 6346. The City Council subsequently adopted Ordinance No. 700 on January 16, 1967. This ordinance adopted CZ -1 -66 and PP -1 -66, subject to terms and conditions. Precise Plan No. PP -1 -66 establishes different development standards for the subject property than those established in Section 28 -401 of the Code regarding property within the RLD, District II zone and have never been incorporated into the Zoning Ordinance. Agenda Item AV ZTA 04- 3.Bridgeport Standards.CC Stag' Report.Doc Public Hearing — Zone Text Amendment 04 -3 and Zone Change 04 -1 Residential Low Density 5000 and Residential Low Density 3000 Standards (Bridgeport Development Standards) • City Council Staff Report September 13, 2004 ❑ The current RLD District II development standards do not comport with the standards established by the City Council adoption of PP -1 -66, and the subject properties have been developed in accordance with the provisions of PP -1 -66. Bridgeport does not have garages on the front; they are located off alleys to the rear of the properties. The District II regulations only contemplate a front -entry or side -entry garage. All of the residences in Bridgeport are built with a zero lot line on one side of the property, while the District II regulations do not allow this situation to exist. Overview of Proposed Code Provisions Regarding Bridgeport Area Development Standards: The proposed "Residential Low Density 3000" zoning classification and proposed development standards closely adhere to the standards established by Precise Plan 1 -66 and the applicable CC &Rs for each tract within the Bridgeport Area (Tracts 6345, 6346 and 9814). To ensure that future Planning Department and Building Department staff, and the future owners of properties in Bridgeport have a clear indication in the Zoning Ordinance as to the required development standards that are applicable to each tract, a separate table is incorporated into the zoning ordinance that sets forth the major development standards imposed either by Precise Plan 1 -66 or the applicable CC &R documents. The proposed ordinance revisions are consistent with the 67% lot coverage provisions of the Riverfront Redevelopment Plan, and therefore no amendments to the Riverfront Redevelopment Plan are required. Other technical revisions to the zoning ordinance are also proposed to maintain internal consistency within the document based on the proposed amendments discussed above. Public Information Workshops and Planning Commission Recommendations: Staff conducted public information workshops regarding this matter on March 17, April 12, and July 7, 2004 to receive citizen input, review proposed zoning ordinance language and determine areas of concern. Based on the public comments received, staff prepared Zone Text Amendment 04 -3 and Zone Change 04 -1 for consideration by the City. The Planning Commission conducted a ,public hearing on the matters on August 18 and determined to recommend adoption on a 5 -0 vote. A copy of the adopted Planning Commission resolutions regarding these matters, along with the Planning Commission Staff Report, an Addendum Staff Report, and the draft minutes of the Planning Commission meeting are provided as Attachments 3 through 7, respectively. • 2 ZTA 04- 3.Bridgport Standards.CC Staff Report.Doc e Public Hearing — Zone Text Amendment 04 -3 and Zone Change 04 -1 Residential Low Density 5000 and Residential Low Density 3000 Standards (Bridgeport Development Standards) City Council Staff Report September 13, 2004 Elimination of "Planning District" designation in the RLD — 5000 Zoning Standards: The proposed revisions to the RLD — 5000 zone also eliminate the current references to the different "Planning Districts" that are currently set forth in the RLD zone (Districts I, II, and V). The district designations were originally established to differentiate the varying development standards between the "Gold Coast ", "Bridgeport ", the "Hill ", "College Park East ", and "College Park West ". With the creation of the RLD — 3000 zone, the only real differentiations remaining in the RLD — 5000 zone are between the "Gold Coast" and the remaining typical single- family residential neighborhoods of the "Hill ", "College Park East ", and "College Park West ". The proposed revisions sets forth the appropriate standards for the "Gold Coast" as specific items, thereby eliminating the necessity of utilizing the "Planning District" identifiers. Proposed Ordinances to Effectuate Zone Text Amendment 04 -3 and Zone Change 04- 1: Should the City Council concur with the recommendations of the Planning Commission staff has prepared proposed ordinances to adopt ZTA 04 -3 and ZC 04 -1. Please refer to Attachments 1 and 2, respectively, to review the proposed ordinances which includes the following proposed amendments to the Zoning Ordinance and Zoning Map: • ❑ Establish a new residential development zone, Residential Low Density — 3000 (RLD - 3000), proposed Sections 28 -450 through 28 -456, that will establish development standards for the Bridgeport area of the community that are consistent with the provisions of "Precise Plans" approved for development in this area in the late 1960's and with the recorded Covenants, Conditions and Restrictions (CC &R's) for the three subdivisions that comprise the Bridgeport area. • ❑ Revise.the current Residential Low Density (RLD) zoning provisions (Section 28- 400 through 28 -407) to a new Residential Low Density — 5000 (RLD - 5000) zone that will maintain the same development standards for the areas of the City located in such zone (i.e., the Gold Coast, the Hill, College Park East and College Park West). ❑ Revise the Zoning Map of the City to indicate the change in zoning designations as described above. Tract 6345, Tract 6346, and Tract 9814 would be classified as Residential Low Density — 3000 (RLD - 3000). FISCAL IMPACT: 3 ZTA 04- 3.Bridgeport Standards.CC Staff R.eport.Doc Public Hearing — Zone Text Amendment 04 -3 and Zone Change 04 -1 Residential Low Density 5000 and Residential Low Density 3000 Standards (Bridgeport Development Standards) City Council Staff Report September 13, 2004 Staff costs have been incurred to conduct three public infonnation workshops regarding this issue and to prepare the zone text amendment and zone change staff reports, resolutions and ordinances. RECOMMENDATION: Conduct public hearing and introduce ordinances to adopt the provisions of Zone Text 04 -3 and Zone Change 04 -1. The ordinance titles are: ❑ Ordinance No.(� , An Ordinance of the City of Seal Beach Amending the Code of the City of Seal Beach to Change the Title of the Current Residential Low Density (RLD) Zoning Provisions to Residential Low Density — 5000 (RLD - 5000); to Establish the Residential Low Density — .3000 (RLD - 3000). Zone, Sections 28 -450 through 28 -456; and to Make other Conforming Amendments ❑ Ordinance No. ( An Ordinance of the City of Seal Beach Adopting Zone . Change 04 -1 (Residential Low Density 5000 (RLD - 5000) and Residential Low Density 3000 (RLD - 3000) Zoning Areas) NOTED AND : PPROVE 1 0,4 Whittenberg John : /: ahorski Director of Development Servi - City anager Attachments: (7) Attachment 1: Ordinance No. \ ea 3 ', An Ordinance of the City of Seal Beach Amending the Code of the City of Seal Beach to Change the Title of the Current Residential Low Density (RLD) Zoning Provisions to Residential Low Density — 5000 (RLD - 5000); to Establish the Residential Low Density — 3000 (RLD - 3000) Zone, Sections 28 -450 through 28 -456; and to Make other Conforming Amendments Attachment 2: Ordinance No. \-)-r ' An Ordinance of the City of Seal Beach Adopting Zone Change 04 -1 (Residential Low Density 5000 (RLD - 5000) and Residential Low Density 3000 (RLD - 3000) Zoning Areas) 4 ZTA 04- 3.Bridgeport Standards.CC Staff Report.Doc Public Hearing — Zone Text Amendment 04 -3 and Zone Change 04 -1 Residential Low Density 5000 and Residential Low Density 3000 Standards (Bridgeport Development Standards) City Council Staff Report September 13, 2004 Attachment 3: Planning Commission Resolution No. 04 -43, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of Zone Text Amendment 04 -3, Amending Articles 3, 4, 5, 7, 8, 10, 18 and 23 of Title 28 of the Code of the City of Seal Beach to Change of Title of the current Residential Low Density (RLD) Zoning Provisions (Section 28 -400 Through 28- 407) to Residential Low Density — 5000 (RLD - 5000); to Establish the Residential Low Density — 3000 (RLD - 3000) Zone, Sections 28 -450 through 28 -456; and to Make Other Conforming Amendments Attachment 4: Planning - Commission Resolution Number 04 -44, A . Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of Zone Change 04 -1, Regarding the Residential Low Density 5000 (RLD -5000) and Residential Low Density 3000 (RLD - 3000) Zoning Areas within the City Attachment 5: Draft Planning Commission Minutes, August 18, 2004 Attachment 6: Planning Commission Staff Report dated August 18, 2004 re: Zone Text Amendment 04 -3 and Zone Change 04 -1 — Bridgeport Development Standards and Revision to Residential Low Density Standards and Revisions to the Zoning Map of the City Attachment 7: Addendum Planning Commission Staff Report dated August 18, 2004 re: Zone Text Amendment 04 -3 and Zone Change 04 -1 — Bridgeport Development Standards and Revision to Residential Low Density Standards and Revisions to the Zoning Map of the City 5 ZTA 04 -3. Bridgeport Standards.CC Staff Report. Doc Public Hearing — Zone Text Amendment 04 -3 and Zone Change 04 -1 Residential Low Density 5000 and Residential Low Density 3000 Standards (Bridgeport Development Standards) City Council Staff Report September 13, 2004 ATTACHMENT 3 PLANNING COMMISSION RESOLUTION NO. 04 -43, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE TEXT AMENDMENT 04 -3, AMENDING ARTICLES 3, 4, 5, 7, 8, 10, 18 AND 23 OF TITLE 28 OF THE CODE OF THE CITY OF SEAL BEACH TO CHANGE OF TITLE OF THE CURRENT RESIDENTIAL LOW DENSITY (RLD) ZONING PROVISIONS (SECTION 28 -400 THROUGH 28 -407) TO RESIDENTIAL LOW DENSITY - 5000 (RLD - 5000); TO ESTABLISH THE RESIDENTIAL LOW DENSITY - 3000 (RLD - 3000) ZONE, SECTIONS 28 -450 THROUGH 28 -456; AND TO MAKE OTHER CONFORMING AMENDMENTS - ZTA 04- 3.Bridgeport Standards.CC StafReport.doc 34 RESOLUTION NUMBER 04 -43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE TEXT AMENDMENT 04 -3, AMENDING ARTICLES 3, 4, 5, 7, 8, 10, 18 AND 23 OF TITLE 28 OF THE CODE OF THE CITY OF SEAL BEACH TO CHANGE OF TITLE OF THE CURRENT RESIDENTIAL LOW DENSITY (RLD) ZONING PROVISIONS (SECTION 28 -400 THROUGH 28- 407) TO RESIDENTIAL LOW DENSITY - 5000 (RLD - 5000); TO ESTABLISH THE RESIDENTIALLOW DENSITY - 3000 (RLD - 3000) ZONE, SECTIONS 28 -450 THROUGH 28- 456; AND TO MAKE OTHER CONFORMING AMENDMENTS THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On January 12, 2004 the City Council considered a Staff Report and determined to adopt Ordinance Number 1514, An Interim Ordinance of the City of Seal Beach Enacted Pursuant to California Government Code Section 65858 Prohibiting the Issuance of Building Permits and Other Land Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the City's Review and Adoption of Permanent Zoning Regulations for Such Uses and Declaring the Urgency Thereof. Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and § II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zone Text Amendment 04 -3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to Section 15305 — Minor alterations in land use limitations in areas with an average slope less than 20 %, which do not result in any changes in land use or density; and Section 15061(b)(3) — Review for Exemptions, • because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held by the Planning Commission on August 18, 2004 to consider Zone Text Amendment 04 -3. At the public Z: \Carmen data \PC Resolutions \2004 PC Res \Res 04-43 ZTA 04 -3 Bridgeport Zoning.doc \LW\08 -18-04 Planning Commission Resolution 04 -43 Zone Text Amendment 04 -3 RLD — 5000 and RLD - 3000 Zoning District Regulations August 18, 2004 hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said zone text amendment. Section 4. The record of the hearing of August 18, 2004 indicates the following: (a) On January 12, 2004 the City Council considered a Staff Report and determined to adopt Ordinance Number 1514, An Interim Ordinance of the City of Seal Beach Enacted Pursuant to California Government Code Section 65858 Prohibiting the Issuance of Building Permits and Other Land Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area During_ the Pendency of the City's Review and Adoption of Permanent Zoning Regulations for Such Uses and Declaring the Urgency Thereof. (b) The subject properties are located in the Residential Low Density, District II zoned area of the City. The development standards for this area are substantially similar to the development standards for the Low Density Residential, District V zoning standards, which are applicable to the 5,000 square foot lots of the "Hill" area of the City. (c) The current RLD District II development standards do not comport with the standards established by the City Council adoption of PP -1 -66, and the subject properties have been developed in accordance with the provisions of PP -1 -66. Bridgeport/Suburbia does not have garages on the front; they are located off alleys to the rear of the properties. The District II regulations only contemplate a front -entry or side- . entry garage. All of the residences in Bridgeport/Suburbia are built with a zero lot line on one side of the property, while the District II regulations do not allow this situation to exist. (d) Tracts No. 6345 and 6346 are subject to recorded CC &R's regulating uses of property and setting forth additional development standards that are inconsistent with the provisions of the Residential Low Density, District II Zoning standards, and are also inconsistent with the provisions of Ordinance No. 700 and Ordinance No. 780. Between 1968 and 1998 the CC &R's provided for an "Architectural Committee" to review and approve development plans within these tracts, and that committee is not longer legally constituted. This lack of architectural review to ensure compliance with the terms of the recorded CC &R's has caused confusion between the property owners of parcels within these tracts and the City as to what development standards the City will enforce when reviewing requests for development in Tract No. 6345 and Tract No. 6346. (e) On March 17, 2004 the Planning Department staff conducted an initial Public Information Meeting regarding this issue. At the conclusion of that meeting it was determined to schedule another meeting to allow staff to present to the neighborhood a set of proposed development standards that would closely follow the current development Res 04-43 ZTA 04 -3 Bridgeport Zoning.doc 2 Planning Commission Resolution 04 -43 Zone Text Amendment 04 -3 RLD — 5000 and RLD - 3000 Zoning District Regulations August 18, 2004 pattern for Bridgeport as established by the previous Precise Plan approvals and the . • recorded CC &R's. (f) On April 12, 2004 the Planning Department staff conducted their second Public Information Meeting regarding the issue. At this meeting a "Preliminary Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and orally. Based on the questions and comments a revised "Final Draft Residential Low Density 3000" zoning classification and proposed development standards was prepared for final presentation to the neighborhood. (g) On July 7, 2004 the Planning Department staff conducted their third Public Information Meeting regarding the issue. At this meeting a "Final Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and orally. Based on the input from the neighborhood, staff determined to proceed with the required public' hearings to implement the necessary changes to the Zoning Ordinance and Zoning Map to address the development standards inconsistency that exist with the current Zoning Ordinance standards as applied to the Bridgeport area. (h) The "Residential Low Density 3000" zoning classification and proposed development standards closely adhere to the standards established by Precise Plan 1 -66 and the applicable CC &Rs for each tract within the Bridgeport Area (Tracts 6345, 6346 and 9814). To ensure that future Planning Department and Building Department staff, and the future owners of properties in Bridgeport have a clear indication in the Zoning Ordinance as to the required development standards that are applicable to each tract, a separate table is incorporated into the zoning ordinance that sets forth the major development standards imposed either by Precise Plan 1 -66 or the applicable CC &R documents. (i) The proposed ordinance revisions are consistent with the 67% lot coverage provisions of the Riverfront Redevelopment Plan, and therefore no amendments to the Riverfront Redevelopment Plan are required. (j) Other technical revisions to the zoning ordinance are also proposed to maintain internal consistency within the document based on the proposed amendments discussed above. Those technical amendments affect Paragraph (a) of Subsection 2 of Section 28 -300; Subsection 1 of Section 28 -506; Paragraph (1) of subsection A of Section 28 -700; Paragraph (1) of subsection B of Section 28 -700; Paragraph (1) of subsection A of Section 28 -800; Paragraph (1) of subsection B of Section 28 -800; the title of Article 10; Subsection 1 of Section 28 -1804; Paragraph (a) of subsection 2 of Section 28 -1804; and Subsections 1 and 2 of Section 28 -2316 of the Zoning Ordinance. (k) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. Res 04 -43 ZTA 04 -3 Bridgeport Zoning,doc 3 Planning Commission Resolution 04 -43 • Zone Text Amendment 04 -3 RLD — 5000 and RLD - 3000 Zoning District Regulations August 18, 2004 • Section 5. Based upon the facts contained in the record, including those stated in § 4 of this resolution and pursuant to §§ 28 -2600 of the City's Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 04 -3 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed use is consistent with the General Plan. The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. Specifically, this amendment would: (1) Establish a new residential development zone, Residential Low Density — 3000 (RLD - 3000), proposed Sections 28 -450 through 28 -456, that will establish development standards for the Bridgeport area of the community that are . consistent with the provisions of "Precise Plans" approved for development in this area in the late 1960's and with the recorded Covenants, Conditions and Restrictions (CC &R's) for the three subdivisions that comprise the Bridgeport area. (2) Revise the current Residential Low Density (RLD) zoning provisions (Section 28 -400 through 28 -407) to a new Residential Low Density — 5000 (RLD - 5000) zone that will maintain the same development standards for the areas of the City located in such zone (i.e., the Gold Coast, the Hill, College Park East and College Park West). Only the name designation of this zoning district is proposed to be changed. (3) Approve technical revisions to the zoning ordinance to maintain internal consistency within the document based on the proposed amendments discussed above. Those technical amendments affect Paragraph (a) of Subsection 2 of Section 28 -300; Subsection 1 of Section 28 -506; Paragraph (1) of subsection A of Section 28 -700; Paragraph (1) of subsection B of Section 28 -700; Paragraph (1) of subsection A of Section 28 -800; Paragraph (1) of subsection B of Section 28 -800; the title of Article 10; Subsection 1 of Section 28 -1804; Paragraph (a) of subsection 2 of Section 28 -1804; and Subsections 1 and 2 of Section 28 -2316 of the Zoning Ordinance. Section 6. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 04 -3 to the City Council as set forth on Exhibit A, attached to this resolution and incorporated herein. Res 04-43 ZTA 04 -3 Bridgeport Zoning.doc 4 • Planning Commission Resolution 04 -43 Zone Text Amendment 04 -3 RLD — 5000 and RLD - 3000 Zoning District Regulations August 18, 2004 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18 day of August 2004, by the following vote. AYES: Commissioners DEATON, LADNER, ROBERTS, SHANKS, AND SHARP NOES: Commissioners NONE ABSENT: Commissioners NONE James Sharp Chairperson, Planning Commission Lee Whittenberg Secretary, Planning Commission * * ** • Res 04-43 ZTA 04 -3 Bridgeport Zoning.doc 5 Planning Commission Resolution 04 -43 Zone Text Amendment 04 -3 RLD — 5000 and RLD - 3000 Zoning District Regulations August 18, 2004 "EXHIBIT A" ORDINANCE NUMBER , AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE CODE OF THE CITY OF SEAL BEACH TO CHANGE THE TITLE OF THE CURRENT RESIDENTIAL LOW DENSITY (RLD) ZONING PROVISIONS TO RESIDENTIAL LOW DENSITY - 5000 (RLD - 50.00); TO ESTABLISH THE RESIDENTIAL LOW DENSITY - 3000 . (RLD - 3000) ZONE, SECTIONS 28 -450 THROUGH 28- 456; AND TO MAKE OTHER CONFORMING AMENDMENTS Res 04-43 ZTA 04 -3 Bridgeport Zoning.doc 6 Public Hearing — Zone Text Amendment 04 -3 and Zone Change 04 -1 Residential Low Density 5000 and Residential Low Density 3000 Standards (Bridgeport Development Standards) City Council Staff Report September 13, 2004 ATTACHMENT 4 PLANNING COMMISSION RESOLUTION NUMBER 04 -44, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 04 -1, REGARDING THE RESIDENTIAL LOW DENSITY 5000 (RLD- 5000) AND RESIDENTIAL LOW DENSITY 3000 (RLD - 3000) ZONING AREAS WITHIN THE CITY ZTA 04- 3.Bridgeport Standards.CC Staff Report.doc 35 RESOLUTION NO. 04 - 44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 04- 1, REGARDING THE RESIDENTIAL LOW DENSITY 5000 (RLD - 5000) AND RESIDENTIAL LOW DENSITY 3000 (RLD - 3000) ZONING AREAS WITHIN THE CITY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section I. The City is proposing the creation of Residential Low Density — 5000 (RLD — 5000) and Residential Low Density — 3000 (RLD — 3000) zoning designations to clearly differentiate the substantially different requirements for development of the "Bridgeport" area of the City from the remaining low density residential areas of the City, and has prepared Zone Text Amendment 04 -3 to accomplish this. Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and § II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zone Change 04 -1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to Section 15305 — Minor alterations in land use limitations in areas with an average slope less than 20 %, which do not result in any changes in land use or density; and Section 15061(b)(3) — Review for Exemptions, because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held before the Planning Commission on August 18, 2004 to consider the related Zone Text Amendment 04 -3 and Zone Change 04 -1. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said zone text amendment and zone change. Section 4. The record of the hearings indicates the following: (a) The current RLD District II development standards (Bridgeport) do not comport with the standards established by the City Council adoption of PP -1 -66, and the subject properties have been developed in accordance with the provisions of PP -1 -66. Bridgeport/Suburbia does not have garages on the front; they are located off alleys to the rear of the properties. The District II regulations only contemplate a front -entry or side - Z:\My Docu vents \RESO \ZC 04 -1.PC Reso.doc \LW\08 -14 -04 • Planning Commission Resolution 04 -44 . Zone Change 04 -1 RLD — 5000 and RLD — 3000 Zoning Changes August 18, 2004 entry garage. All of the residences in Bridgeport/Suburbia are built with a zero lot line is • on one side of the property, while the District II regulations do not allow this situation to exist. (b) On July 7, 2004 the Planning Department staff conducted their third Public Information Meeting regarding the issue. At this meeting a "Final Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and. Based on the input from the neighborhood, staff determined to proceed with the required public hearings to implement the necessary changes to the Zoning Ordinance and Zoning Map to address the development standards inconsistency that exist with the current zoning Ordinance standards as applied to the Bridgeport area. (c) The "Residential Low Density 3000" zoning classification and proposed development standards closely adhere to the standards established by Precise Plan 1 -66 and the applicable CC&Rs for each tract within the Bridgeport Area (Tracts 6345, 6346 and 9814). To ensure that future Planning Department and Building Department staff, and the future owners of properties in Bridgeport have a clear indication in the Zoning Ordinance as to the required development standards that are applicable to each tract, a separate table is incorporated into the zoning ordinance that sets forth the major development standards imposed either by Precise Plan 1 -66 or the applicable CC &R documents. (d) The Planning Commission has determined to recommend adoption - of Zone Text Amendment 04 -3, relating to the creation of both a Residential Low Density - 5000 (RLD — 5000) Zone and a Residential Low Density — 3000 (RLD — 3000) Zone to the City Council through the adoption of Planning Commission Resolution 04- 43. (e) It is necessary and appropriate to establish both a Residential Low Density - 5000 (RLD — 5000) Zone and a Residential Low Density — 3000 (RLD — 3000) Zone to clearly differentiate the substantial differences in development standards between the proposed zoning designations. The Residential Low Density — 3000 (RLD — 3000) Zone includes that portion of the city commonly known as Bridgeport, and consists of Tract 6345, Tract 6346 and Tract 9814. The Bridgeport area does not have garages on the street front; they are located off alleys to the rear of the properties. All of the residences in Bridgeport are built with a zero lot line on one side of the property (f) The remaining Residential Low Density zoned areas of the city, proposed to now be designated Residential Low Density - 5000 (RLD — 5000) comprise those areas of the city commonly known as "College Park East ", College Park West ", the "Hill ", and the "Gold Coast ". These areas do not have alleys and garages are located off of the public streets and zero lot line homes are not permitted in these areas of the City. • ZC 04 -1.PC Reso 2 Planning Commission Resolution 04 -44 Zone Change 04 -1 RLD — 5 000 and RLD — 3000 Zoning Changes August 18, 2004 Section 5. Based upon substantial evidence in the record of the Planning Commission hearings regarding the application, including the facts stated in § 4 of this resolution, and pursuant to §§ 28 -2600 and 28 -2602 of the City's Code, the Planning Commission hereby finds that Zone Change 04 -1 will be beneficial to the short term and long term land use goals of the City of Seal Beach. The Planning Cominission further finds that approval of the subject applications will promote the public health, safety and welfare. Therefore, the Planning Commission finds that the requested Zone Change will be in the public interest, and makes the following findings of fact: (a) The proposed Zone Change will conform land uses to the goals and policies of the Land Use Element for the subject areas of the City and clearly differentiate the substantially different development standards for properties located in the subject zoning classifications of the proposed Residential Low Density - 5000 (RLD — 5000) Zone and the Residential Low Density — 3000 (RLD — 3000) Zone. (b) The proposed•Zone Change will not be detrimental to the short term or long -term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The proposed zone change is consistent with the General Plan, and the Zoning Ordinance of the City, as amended by Zone Text Amendment 04 -3. (c) The proposed Zone Change will clearly differentiate the substantially different requirements for development of the "Bridgeport" area of the City from the remaining low density residential areas of the City. Section 6. Based on the foregoing Sections 1 through 5, the Planning Commission hereby recommends that the City Council approve Zone Change 04 -1, to change the zoning designations on the Zoning Map of the City of Seal Beach as indicated below: (a) All properties within Tract 6345, Tract 6346 and Tract 9814 are hereby designated Residential Low Density —3000 (RLD — 3000). (b) All remaining properties designated as Residential Low Density (RLD) are hereby designated Residential Low Density — 5000 (RLD — 5000). Section 7. Based upon the foregoing Sections 1 through 6, the Planning Commission hereby recommends that the City Council approve Zone Change 04 -1 as set forth on Exhibit A, attached to this resolution and incorporated herein. • PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18th day of August , 2004, by the following vote: ZC 04 -1.PC Reso 3 Planning Commission Resolution 04 -44 Zone Change 04 -1 - - RLD — 5000 and RLD — 3000 Zoning Changes . August 18, 2004 AYES: Commissioners DEATON, LADNER, ROBERTS, SHANKS, AND SHARP NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners James Sharp Chairman of the Planning Commission M Whitt Secretary of the Planning Commissi • • ZC 04 -1.PC Reso 4 Public Hearing — Zone Text Amendment 04 -3 and Zone Change 04 -1 Residential Low Density 5000 and Residential Low Density 3000 Standards (Bridgeport Development Standards) City Council Staff Report September 13, 2004 ATTACHMENT 5 DRAFT PLANNING COMMISSION MINUTES, AUGUST 18 2004 ZTA 04- 3.Bridgeport Standards.CC Staff Report.doc 36 City of Seal Beach Planning Commission Meeting Minutes of August 18, 2004 1 Mr. Barrow advised that the adoption of Resolution No. 04 -42 begins a 10 -day calendar 2 appeal period to the City Council. The Commissioner action tonight is final and the 3 appeal period begins tomorrow morning. 4 5 6 7. Zone Text Amendment 04 -3 & Zone Change 04 -1 7 Bridgeport 8 9 Applicant/Owner: City of Seal Beach 10 Request: To consider amendments to certain portions of the Chapter 11 28, Zoning, of the Code of the City of Seal Beach, to: 12 13 ❑ Establish a new residential development zone, 14 Residential Low Density — 3000 (RLD- 3000), 15 proposed Sections 28 -450 through 28 -456, that will 16 establish development standards for the Bridgeport • 17 area of the community that are consistent with the 18 'provisions of "Precise Plans" approved for 19 development in this area in the late 1960's and with 20 the recorded Covenants, Conditions, and Restrictions 21 (CC &R's) for the three subdivisions that comprise the 22 Bridgeport area (Tract 6345, 6346 and 9814). 23 24 ❑ Revise the current Residential Low Density (RLD) 25 zoning provisions (Section 28 -400 through 28 -407) to 26 a new Residential Low Density — 5000 (RLD -5000) 27 zone that will maintain the same development 28 standards for the areas of the City located in such 29 zone (i.e., the Gold Coast, the Hill, College Park East 30 and College Park West). Only the name designation 31 of this zoning district is proposed to be changed. 32 33 ❑ Revise the Zoning Map of the City to indicate the 34 change in zoning designations as described above. 35 36 Recommendation: Approval and adoption of Resolutions 04-43 and 04 -44. 37 38 Commissioner Sharp asked what the notification process had been for this item. Mr. 39 Whittenberg stated that notice was mailed to every property owner within the affected 40 area and a notice was also published in the Sun Newspaper. He noted that he was 41 made aware that one property owner had not received the notice. 42 • 43 Staff Report 44 45 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the 46 Planning Department.) He provided some background information on this item and Page 10 of 18 City of Seal Beach Planning Commission Meeting Minutes of August 18, 2004 1 explained that a Zone Text Amendment (ZTA) actually changes the language within the 2 text of the Zoning Ordinance, and a Zone Change (ZC) changes the physical 3 designation on the City Zoning Map of zoning classifications. He stated that what is 4 proposed is to take the City's current Residential Low Density (RLD) District Zoning 5 Standards and split them into two different sets of standards. He said that currently the 6 RLD standards apply to College Park East (CPE), College Park West (CPW), The Hill, 7 Old Town, and the Bridgeport/Suburbia area. He stated that approximately one and 8 one -half years ago, Staff determined that these standards really didn't apply to 9 Bridgeport. He noted that the RLD standards are for 5,000 minimum square foot lots, 10 and do not allow for alleys or for zero lot lines for homes to be constructed on a side 11 property line. He indicated that when approved, the Bridgeport area was approved with 12 3,000 square foot lots, zero lot line homes, and alley access for all of the garages, 13 creating a significant difference in the standards in the Zoning Code as to what 14 physically exists in the Bridgeport area. He noted that this issue was presented 15 approximately one year ago, when in January 2004 City Council (CC) adopted an 16 emergency ordinance to stop all development in the Bridgeport area until such time as 17 Staff could sort out the issues and develop new standards applicable to this area. He 18 stated that between January and this evening, Staff has had three different community 19 meeting with the residents of Bridgeport at which they went over a number of issues, 20 prepared proposed ordinance language for review, and attempted to ensure that all 21 property owners were comfortable with the proposed ordinance to be presented tonight. 22 The Director of Development Services summarized that what is proposed is to maintain 23 a RLD 5000 lot size zone that will still apply to CPE, CPW, The Hill, and the Gold Coast 24 Area, and the standards for Bridgeport would be moved over into what is proposed to 25 be a RLD 3000 zone, with a minimum lot size of 3,000 square feet as opposed to a 26 5,000 square foot lot size. He stated that this would create a separate zoning 27 classification for the Bridgeport areas, which are identified as three different subdivision 28 tracts within the City (Tracts 6345, 6346, and 9814). He said that because these 29 projects were all approved in the 1960's with Precise Plans (PP), and each had 30 Covenants, Conditions, and Restrictions (CC &Rs) imposed upon them as part of the 31 development approvals, they have standards -that differ from lot to lot. He indicated that 32 some lots have 6 -foot minimum and others have 8 -foot minimum front yard setbacks, 33 while others have 10- or 12 -foot setbacks. He noted that Staff has created a table for 34 each tract that lists the differences in development standards and reflect specifically 35 what is allowable under the CC &Rs and under the PPs that were approved on a lot -by- 36 lot basis. He stated that this presents the information in a more efficient and clear 37 manner that allows Staff to quickly determine what kind of future building would be 38 permitted in each tract. He emphasized that the main concern of the property owners of 39 Bridgeport was that it remain as it is. He stated that they were satisfied with the CC &Rs 40 and with the PP as approved and had requested that as much of this as possible be 41 incorporated into the new zoning standards. Mr. Whittenberg then noted that another 42 item that differs for the 3000 -foot lot area is a specific provision that states that if an 43 Architectural Review Committee (ARC) exists for a particular tract; then ARC approval 44 must be granted before the City will process an application. He stated that two of the 45 tracts currently have ARCs, and the third tract is in the process of reconstituting its 46 ARC. He said that when the CC &Rs were approved for all of these. tracts, the ARCs Page 11 of 18 City of Seal Beach Planning Commission Meeting Minutes of August 18, 2004 1 had a sunset clause date and if the ARCs were not extended by a vote of the residents 2 of each tract, the ARCs sunsetted. He indicated that of the two sunsetted ARCs one 3 has been re- established and another is in the process of being re- established. He 4 noted that the ARC for Tract 9814 will not sunset until 2008. Mr. Whittenberg then 5 explained that the current Zoning Code has planning district standards folded into each 6 planning zone classification. (There are Planning District 1 standards, Planning District • 7 2 standards, and Planning District 5 standards). He noted that these Planning District 8 could become confused with Council Districts, which are different. He indicated that 9 Staff is proposing to eliminate all of the district references in the 5000 Square Foot 10 Zone, as the only zone that is substantially different is the Gold Coast, which has a 11 much larger rear yard setback standard since the homes are on the beach. He noted 12 that Staff has also provided an Addendum Staff Report to the Commissioners that 13 provides some minor corrections that resulted from the discussion at the community 14 meetings. He noted the changes beginning on the Addendum Report as follows: 15 16 Page 5: Corrects lot coverage standards from 70% to 67% within the 17 Bridgeport/Suburbia Tracts. 18 19 Page 6: Table 1, Tract 6345 — Revised to conform to CC &R provisions for 20 Maximum Height Limit . 21 • 22 Page 7: Table 2, Tract 6346 — Revised to conform to CC &R provisions for 23 Maximum Height Limit 24 25 Mr. Whittenberg then explained that in 1966 when the City adopted the PPs, City 26 Council made a finding that these PP standards would be incorporated into the Zoning 27 Ordinance, but they never were. He then indicated that an e-mail message from Kurt 28 Whalen was received stating his support for ZTA 04 -3 and ZC 04 -1. He provided a brief 29 description of the content of Resolutions 04-43 and 04 -44. 30 31 Commissioner Questions 32 33 Commissioner Sharp clarified that the PC would be recommending approval to City 34 Council (CC) for ZTA 04 -3 and ZC 04 -1. Mr. Whittenberg confirmed that this was 35 correct. He noted that for this type of application the PC would serve as a 36 recommending body only. He explained that CC would conduct a public hearing on 37 these items with notices mailed to all residents in Bridgeport and published in the 38 newspaper. He said that CC must have the first and second reading of the ordinance 39 before granting approval and the ordinance would take effect 30 days after the second 40 reading. He noted that upon the effective date of the adoption of the ordinance, the 41 moratorium ordinance would be repealed. 42 43 Commissioner Roberts asked how much weight the ARC holds. Mr. Whittenberg stated 44 that the ARCs have the right to look at a project for compatibility with adjoining 45 properties in their particular area. He said that ARCs have broader authority to look at 46 issues than what the City would normally deal with. Commissioner Roberts asked if the • Page 12 of 18 City of Seal Beach Planning Commission Meeting Minutes of August 18, 2004 1 ARC did not approve a homeowner project, would he /she have the right to appeal to the 2 City. Mr. Whittenberg stated that if the ARC does not approve the project, the City 3 would not consider it. 4 5 Public Hearing 6 7 Commissioner Sharp opened the public hearing. 8 9 Mr. Carl Irwin, 305 Clipper Way, stated that he had not received notice of tonight's 10 hearing or any of the community meetings that were conducted. He said that he has a 11 6 -foot nonconforming fence in his front yard for which he was granted building permits. 12 He asked if this fence would now have to be removed. Mr. Whittenberg stated that if 13 Mr. Irwin has a valid building permit for the fence, it would not have to be removed. Mr. 14 Irwin then stated that he takes exception to the fact that the existing 2 -story homes are 15 the only ones that will be allowed to have 2 stories. He said that the second stories are 16 at the rear of the properties and do not affect the streetscape. He' indicated that 17 everyone should have equal rights on their lots. 18 19 Mr. Robert Goldberg thanked Mr. Whittenberg and his staff for conducting a truly 20 interactive process with the community. He said that overall, most of the property 21 owners are very happy with the proposed new standards and they support them 100 22 percent. Regarding the 2 -story homes, Mr. Goldberg stated that the CC &Rs for each 23 tract provide a limit to the number of 2 -story structures per tract to approximately half 24 the tract. He said the reason for limiting 2 -story structures had to do with airflow and 25 privacy concerns. He noted that the original PP, which was supposed to govern this 26 development called for no Zstory homes at all. He noted that when he purchased his 27 home, he was provided a copy of the CC &Rs and was fully aware of the limitation on 28 the number of 2 -story homes. He asked that the PC recommend that CC approve these 29 new standards. 30 31 Mr. John O'Neal also spoke in support of ZTA 04 -3 and ZA 04 -1. He thanked Staff for 32 the work completed. . 33 34 Mr. Glenn Henzel asked which tract currently does not have an ARC. Mr. Whittenberg 35 reported that Tract 6345 does not have an ARC. Mr. Henze) then asked how the ARC 36 is formed. Mr. Whittenberg stated that the ARC would have to be reconstituted by a 37 vote of the property owners of the tract in accordance with the terms as outlined in the 38 CC &Rs. Mr. Henzel asked whom he might contact to inquire as to the status of the 39 process. Mr. Whittenberg said the Mr. Henze) could call the Planning Department and 40 Mr. Whittenberg could provide some information. Mr. Henzel said he does not see why 41 the provision prohibiting roof decks in Bridgeport is necessary, as he is not certain that 42 privacy concerns really apply. He noted that many of these constructions are towards 43 the rear of the homes and do not look onto anything that might compromise a resident's 44 privacy. He said that assuming there were privacy concerns, it would seem that a 45 setback of a few feet would provide an angle to ensure privacy. Mr. Henzel stated that 46 many homes in his tract do have roof decks, and he is confused as to why they are Page 13 of 18 City of Seal Beach Planning Commission Meeting Minutes of August 18, 2004 1 being eliminated. With regard to limiting the number of 2 -story homes, he questioned 2 the validity of privacy concerns, as the 2 -story homes next to a 1 -story home can create 3 privacy issues for the 1 -story homes. 4 5 Mr. Larry Bender stated that he is a member of the ARC and he wished to express his 6 support of ZTA 04 -3 and ZC 04 -1. He said that many of the residents were very 7 pleased with the process and the resulting zoning standards. 8 9 Mr. Fred Schreiner stated that he has lived at 245 Electric Avenue for approximately 12 10 years and up until recently had never heard of the existence of the ARC. He said that 11 when he purchased his home he was not provided a copy of the CC &Rs. He stated that 12 neither he nor his neighbors know who the members of the ARC are, and he has 13 contacted the Director of Development Services to acquire this information. Mr. 14 Schreiner said that whatever the final vote is on the re- zoning, the ARC apparently has 15 a fairly strong influence over evaluating home improvements. He said to move forward 16 with a crisp resolution on zoning and have a fuzzy, undefined ARC structure is not good 17 for the homeowner. He asked if the City could take action to provide information on the 18 ARC status to the homeowners. He stated that he would like to become involved with 19 the process and meet the members of the ARC. He requested that ARC information be 20 provided to all homeowners in all three tracts. Mr. Whittenberg stated that Staff is in the 21 process of acquiring this information and once it is compiled, will distribute the 22 information to the Bridgeport homeowners. Mr. Schreiner clarified for homeowners that 23 in Bridgeport once the new zoning is passed, if a resident wishes to improve his home, 24 not only will the plans need to comply with the zoning ordinance, but will also require the 25 approval of the ARC. Mr. Whittenberg confirmed that this has been the situation for 26 almost 40 years for those tracts that have an ARC. Mr. Schreiner stated that in a 27 practical sense the ARC has not been very active, as there have been a number of 28 improvements in his community where homeowners have been unaware of these 29 requirements. 30 31 Ms. Michaela Stile expressed her concerns over the power that the ARC wields and the 32 affect that this can have on the community. She suggested that an appeal process be 33 included in the proposed ZTA and ZC for Bridgeport. She said that although she would 34 be impacted by construction of a 2 -story home across the street from hers, she has no 35 problem with residents wanting to build a second story onto their homes. She stated 36 that at the very least, homeowners should have the option of submitting an application 37 for a permit to construct a second story. 38 39 Mr. Trevor Evans spoke in favor of ZTA 04 -3 and ZC 04 -1. He said that his family 40 moved to Seal Beach approximately one year ago and they moved to Bridgeport 41 because of the way the architecture is laid out. He noted that there are no "monster 42 buildings" against a small cottage. He said he likes the neighborhood the way it is. 43 44 Commissioner Deaton asked Mr. Evans if he owns a one -story or two -story home. Mr. 45 Evans stated that he lives in a one -story home. 46 Page 14 of 18 City of Seal Beach Planning Commission Meeting Minutes of August 18, 2004 1 Ms. Kathy Goldberg expressed her strong support for ZTA 04 -3 and ZC 04 -1. She said 2 that she is concerned about the roof decks, which can look across the alleys into 3 neighboring courtyards. She stated that she believes it would have a tremendous 4 impact upon the neighborhood. Commissioner Deaton asked if Ms. Goldberg owned a 5 one -story or two -story home. Ms. Goldberg stated that she owns a one -story home. 6 7 There being no one else wishing to speak, Commissioner Sharp closed the public 8 hearing. 9 10 Commissioner Comments 11 12 Commissioner Shanks stated that from the Planning and City standpoint, when you 13 have a designed development, eventually homeowners do want to make changes, and 14 if one person is allowed to this, then everyone will want to do it. He said that ARCs are 15 dictatorial, but this is what happens when you share a wall and have basically small lots. 16 He noted that there is a house up on The Hill that is now orange and bright green and 17 he is certain the neighboring residents are appalled at this choice of color. He said that 18 when you buy into a designed development you must accept that you are a part of this 19 neighborhood and subject to the CC &Rs and the ARC. He indicated that ZTA 04 -3 and 20 ZC 04 -1 represent a good plan to try to get things into standardized conditions so that 21 the City knows what is going on and architects knows how to proceed. He noted that 22 the ARC could provide a standard response to questions from homeowners regarding 23 the types of changes they can make to their homes before the homeowner goes to the 24 expense of hiring an architect. 25 26 Commissioner Deaton stated that she is concerned about the property rights issues. 27 She asked when the homes were purchased, did the prospective homeowners sign the 28 CC &Rs, or have there been new buyers that were unaware of the CC &Rs. Mr. 29 Whittenberg stated that he could not speak for the real estate agents, whose 30 responsibility it is to provide this information to a new buyer. He said that CC &Rs are 31 recorded documents and have always been enforced. He indicated that the only 32 provisions of the CC &Rs that had a sunset clause are the provisions on ARCs. He said 33 there are a number of other provisions in the CC &Rs and some of those relate to the 34 number of 2 -story homes allowed in the tracts. He said that it is assumed that when a .35 home buyer receives all closing documents and signs the escrow papers, that the buyer 36 is provided with a copy of the CC &Rs and a signature form attesting that the buyer has 37 read and understands the CC &Rs. Mr. Whittenberg pointed out that the CC &R 38 documents do not prohibit roof decks. He indicated that during the community meetings 39 the concern over roof decks was discussed and the majority of those in attendance felt 40 that roof decks should no longer be allowed. He stated that the if they choose to do so 41 PC does have the discretion to reinstate the roof decks option or condition the addition 42 of a roof deck to be subject to the Minor Plan Review process. He noted that everything 43 else that is reflected in the proposed zoning standards is a reflection of either the PP 44 approvals or the CC &R documents. He stated that by a vote of the property owners 45 the provisions of the CC &Rs can be amended. Mr. Whittenberg then added that if the 46 proposed standards are adopted, a homeowner could still present plans for a roof deck Page 15 of 18 City of Seal Beach Planning Commission Meeting Minutes of August 18, 2004 1 to the ARC for approval, and if approved the City could then issue building permits for 2 the deck. Commissioner Deaton recommended removing the prohibition on roof decks 3 and allowing the homeowners to go through the process of voting to prohibit the roof 4 decks. She said that she did not believe that the City should impose requirements that 5 are not imposed throughout the City, but she has no problem with upholding the 6 CC &Rs. 7 8 Commissioner Shanks asked if notice would be mailed regarding the City Council 9 hearing. Mr. Whittenberg stated that this was correct, and Staff would ensure that Mr. 10 Irwin receives a notice. 11 12 Commissioner Roberts asked if there is a homeowners association (HOA) per se for 13 any of the 3 tracts. Mr. Whittenberg stated that there is no HOA for any of the tracts. 14 Commissioner Roberts indicated that there appears to be a communication problem in 15 those 3 tracts and it might be advisable to look into forming a HOA to help deal with 16 some of these problems. He then asked what the formulation of the ARC would be. Mr. 17 Whittenberg explained that ARCs,,are created pursuant to the CC &Rs for each of these 18 projects. Commissioner Roberts stated that he was surprised with Mr. Whittenberg 19 actions and involvement in this. He said that it seemed that the homeowners 20 themselves should handle the formation of the ARC. Mr. Whittenberg stated that the 21 ARCs were established by the CC &Rs, and when they expired one of the tracts came to 22 the City to inquire as to how they would proceed to reconstitute the ARC. 23 Commissioner Roberts stated that the homeowners for a specific tract should have 24 conducted a vote for their group. He questioned what the City's involvement would be, 25 other than pointing them back to the CC &Rs. Mr. Whittenberg confirmed that this is 26 what had occurred. 27 28 Commissioner Sharp stated that in the past when dealing with a location subject to 29 CC &Rs the PC has always inquired beforehand to ensure that the projects have 30 received approval from the ARC before the project is reviewed. 31 32 Commissioner Deaton stated that the Director of Development Services has done some 33 very good work on the ordinance; however, she believes the tracts themselves should 34 show consensus through a vote before bringing this to the City. 35 36 Commissioner Sharp also complimented Mr. Whittenberg on the work completed, and 37 noted that if changes are needed, there will certainly be sufficient time to do so when 38 the items are heard before City Council. 39 40 Commissioner Deaton -asked if the ban on roof decks could be removed so that the 41 individual tract groups could vote on this issue. 42 43 Commissioner Shanks stated that he is going by what Mr. Whittenberg had reported, 44 that the consensus at the three community meetings was that homeowners did not want • 45 the roof decks. Commissioner Shanks asked what the attendance had been. Mr. 46 Whittenberg stated that attendance at each meeting varied from a minimum of 25 to a Page 16 of 18 • City of Seal Beach Planning Commission Meeting Minutes of August 18, 2004 1 maximum of 40 people. Commissioner Shanks stated that he had received notification 2 of the meeting and inquired if this notice was mailed to all residents of 3 Bridgeport/Suburbia. Mr. Whittenberg confirmed that notice for each community 4 meeting was mailed to all residents. Commissioner Deaton asked for a percentage of 5 the residents in attendance at the meetings. Mr. Whittenberg estimated approximately • 6 18 percent. He said that if the PC finds it appropriate to remove the restriction on roof 7 decks, they can do so; however, the ban on roof decks was incorporated as a result of 8 the feedback from those homeowners attending the meetings. 9 10 Commissioner Shanks stated that because of the nature of Bridgeport, decks don't 11 really fit in to this neighborhood design. He said he feels the ordinance should be left as 12 is, in particular because many people are unhappy with the decks that are already 13 there. 14 15 MOTION by Shanks; SECOND by Ladner to adopt Resolution 04 -43 recommending 16 approval of Zone Text Amendment 04 -3 as presented and as modified by the 17 Addendum Staff Report. 18 19 MOTION CARRIED: 5 — 0 20 AYES: Sharp, Deaton, Ladner, Roberts, and Shanks 21 NOES: None 22 ABSENT: None 23 24 MOTION by Deaton; SECOND by Roberts to adopt Resolution 04 -44 recommending 25 approval of Zone Change 04 -1 as presented. 26 27 MOTION CARRIED: 5 — 0 28 AYES: Sharp, Deaton, Ladner, Roberts, and Shanks 29 NOES: None 30 ABSENT: None 31 32 Mr. Whittenberg noted that he anticipates that the public hearing before City Council 33 would be scheduled for September 13, 2004. He emphasized that notice would be 34 mailed to all residents of Bridgeport. 35 36 37 STAFF CONCERNS 38 39 Mr. Whittenberg stated that the meeting of September 8, 2004, is to be canceled due to 40 a lack of business, and the next scheduled meeting will be held on September 22, 2004 41 42 43 COMMISSION CONCERNS 44 45 Commissioner Deaton stated that she has received many phone calls and had many 46 conversations regarding the way that Main Street signs are out of control. She said she Page 17 of 18 Public Hearing — Zone Text Amendment 04 -3 and Zone Change 04 -1 Residential Low Density 5000 and Residential Low Density 3000 Standards (Bridgeport Development Standards) City Council Staff Report September 13, 2004 ATTACHMENT 6 PLANNING COMMISSION STAFF REPORT • DATED AUGUST 18, 2004 RE: ZONE TEXT AMENDMENT 04 -3 AND ZONE CHANGE 04 -1 - BRIDGEPORT DEVELOPMENT STANDARDS AND REVISION TO RESIDENTIAL LOW DENSITY . STANDARDS AND REVISIONS TO THE ZONING MAP OF THE CITY • ZTA 04- 3.Bridgeport Standards.CC Staff Report.doc 37 August 18, 2004 STAFF REPORT To: Honorable Chainnan and Planning Commission From: Department of Development Services Subject: ZONE TEXT AMENDMENT 04 -3 and ZONE CHANGE 04 -1 — BRIDGEPORT DEVELOPMENT STANDARDS and REVISION TO RESIDENTIAL LOW DENSITY STANDARDS and REVISIONS TO THE ZONING MAP OF The CITY SUMMARY OF REQUEST To consider amendments to certain portions of the Chapter 28, Zoning, of the Code of the City of Seal Beach, to: ❑ Establish a new residential development zone, Residential Low Density — 3000 (RLD - 3000), proposed Sections 28 -450 through 28 -456, that will establish development standards for the Bridgeport area of the community that are consistent with the provisions • of "Precise Plans" approved for development in this area in the late 1960's and with the recorded Covenants, Conditions, and Restrictions (CC &R's) for the three subdivisions that comprise the Bridgeport area (Tract 6345, 6346 and 9814). ❑ . Revise the current Residential Low Density (RLD) zoning provisions (Section 28 -400 through 28 -407) to a new Residential Low Density — 5000 (RLD - 5000) zone that will maintain the same development standards for the areas of the City located in such zone (i.e., the Gold Coast, the Hill, College Park East and College Park West). Only the name designation of this zoning district is proposed to be changed. ❑ Revise the Zoning Map of the City to indicate the change in zoning. designations as described above. BACKGROUND Suinina;y of City Council Actions of January 2004: Z: \My Documents\ZTA\ZTA 04- 3.Bridgeport Standards.PC Staff deport.DOC \LW\08 -07 -04 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 On January 12, 2004 the City Council considered a Staff Report and determined to adopt Ordinance Number 1514, "An Interim Ordinance of the City of Seal Beach Enacted Pursuant to California Government Code Section 65858 Prohibiting the Issuance of Building Permits and Other Land Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the City's Review and Adoption of Permanent Zoning Regulations for Such Uses and Declaring the Urgency Thereof'. Copies of the City Council Staff Report of January 12, 2004 and Ordinance Number 1514 are provided as Attachment 3 and 4, respectively. The following infonnation summarizes the facts presented to the City Council in January 2004 that led to that action. "Current Zoning Provisions: The subject properties are located in the Residential Low Density, District II zoned area of the City. The development standards for this area are substantially similar to the development standards for the Low Density Residential, District V zoning standards, which are applicable to the 5,000 square foot lots of the "Hill" area of the City. These standards are not in accordance with previous "Precise Plan" and "Redevelopment Plan" approvals that are discussed below. Precise Plan PP -1 -66: A precise plan was approved by the Planning Commission on November 30, 1966 in conjunction with Commission approval of Zone Change CZ -1 -66 and Tentative Tract Maps 6345 and 6346. The City Council subsequently adopted Ordinance No. 700 on January 16, 1967. This ordinance adopted CZ -1 -66 and PP -1 -66, subject to terns and conditions. Section 1 and Section 3 of Ordinance No. 700 stipulates: "Section 1.A11 property included and described in Rezone Application No. CZ -1 -66, Precise Plan Application No. PP -1 -66, and on Map Sheet No. 1 of Precise Plan No, PP -1 -66 is hereby zoned R -1 -3000 (Single Family Residential) and C -2 (General Com nercial) as shown on Map Sheet No. 1 of said Precise Plan No. PP -1 -66. Said zoning shall be subject to land use and development conditions and regulations adopted as Precise Plan No. PP -1 -66, which Precise Plan shall be considered an integral part of the zoning of said property. Section 3. All maps, plans, applications and reports stated in Section 1 and 2 above are made a part hereof and are incorporated herein with the same force and effect as though set forth in full herein." As indicated by the above language, the standards set forth on Precise Plan No. PP -1 -66 "... shall be considered an integral part of the zoning of said property." • Precise Plan No. PP -1 -66 establishes different development standards for the subject property than those established in Section 28 -401 of the Code regarding ZTA 04- 3.Bridgeport Standards.PC Staff Report 2 Zone Text Amendment 04-3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18, 2004 property within the RLD, District II zone and the standards set forth in Precise Plan No. P -1 -66 have never been incorporated into the Zoning Ordinance. The current RLD District II development standards do not comport with the standards established by the City Council adoption of PP -1 -66, and the subject properties have been developed in accordance with the provisions of PP -1 -66. Bridgeport/Suburbia does not have garages on the front; they are located off alleys to the rear of the properties. All 'of the residences in Bridgeport/Suburbia are built with a zero lot line on one side of the property, while the District II regulations do not allow this situation to exist. Riverfront Redevelopment Plan: The Riverfront Redevelopment Plan (the "Plan ") was adopted by the City Council on March 3, 1969 through the adoption of Ordinance No. 780. Section 500 of the Plan establishes permitted uses and development standards for the areas subject to the Plan. The Bridgeport/Suburbia area is located within Area 7 of the Plan, and Section 503 of the Plan indicates the following: "503 Single Family Residential Development Area 7 shown on the map shall be developed and used as for single family residential development according to the following standards. Single family parcels shall be no less than 3000 square feet per parcel. The amount of land in each parcel which may be covered by residential buildings shall not exceed 67 percent and the building height shall not exceed two (2) stories." The current RLD - District II development standards do not comport with the standards established by the City Council adoption of the Riverfront Redevelopment Plan, and the subject properties - have been developed in accordance with the provisions of PP -1 -66 and the Riverfront Redevelopment Plan. The residences within Bridgeport do not comply with the RLD District II lot coverage provision of 45 %, they do comply with the Plan provision of 67% lot coverage. Section 700 of the Plan discusses actions by the City that shall be undertaken ".. . to ensure the continued ftitlfillment of the purposes of this Plan ", and lists several types of actions. Sub - section C states: "C. Revision of zoning within the Project Area to pen the land uses and development authorized by this Plan." Case law supports the general proposition that a redevelopment plan supersedes local zoning. Thus, unless the redevelopment plan or an amendment either adopts ZTA 04- 3.Bridgeport Standards.PC Staff Report 3 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 the City's zoning regulations or requires consistency, it would appear that the Redevelopment Plan would control. The development standards set forth within Ordinance No. 700 and 780 have never been incorporated into the Zoning Ordinance to accurately reflect the approved development standards for these two Tracts within the City. "_Architectural Committee" Status and CC&R Standards: Further, Tracts No. 6345 and 6346 are subject to recorded CC &R's regulating uses of property and setting forth additional development standards that are inconsistent with the provisions of the Residential Low Density, District I1 Zoning standards, and are also inconsistent with the provisions of Ordinance No. 700 and Ordinance No. 780. Between 1968 and 1998 the CC &R's provided for an "Architectural Committee" to review and approve development plans within these tracts, and that committee is no longer legally constituted. This lack of architectural review to ensure compliance with the terms of the recorded CC &R's has caused confusion between the property owners of parcels within these tracts and the City as to what development standards the City will enforce when reviewing requests for development in Tract No. 6345 and Tract No. 6346. Overview of Inconsistent Development Standards: As a result of the above discussed different development standards and review procedures that are applicable to Tract No. 6345 and Tract No. 6346, the uncertainty and confusion as to the appropriate level of City review of development projects, and the uncertainty as to the application of which set of adopted development standards that are applicable to these tracts has become exacerbated. The Planning Commission, this City Council, and the people of Seal Beach require a reasonable, limited, yet sufficient period of time to consider and study legally appropriate and reasonable policies regulating residential buildings and uses located within Tract No. 6345 and Tract No. 6346. Given the time required to undertake the study and planning necessitated by the proliferation of applications, the City Council finds that it is necessary that this interim ordinance be adopted, to ensure that improvements to buildings and uses that may be in conflict with the contemplated new development policies are not permitted in the interim. The City Council has the authority to adopt an interim ordinance pursuant to the City Charter and Government Code Section 65858 in order to protect the public health, safety, or welfare." ZTA 04- 3.Bridgeport Standards.PC Staff Report 4 Zone Test Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 Summary of Staff Actions to Date: ❑ March 17, 2004 Public Information meeting: The Planning Department staff conducted an initial Public Infonnation Meeting regarding this issue on March 17, 2004 (copies of the information documents presented are provided as Attachment 5). At the conclusion of that meeting it was determined to schedule another meeting to allow staff to present to the neighborhood a set of proposed development standards that would closely follow the current development pattern for Bridgeport as established by the previous Precise Plan approvals and the recorded CC &R's. ❑ Apri112, 2004 Public Information meeting: The Planning Department staff conducted their second Public Infonnation Meeting regarding the issue. At this Meeting a "Preliminary Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and orally (copies of the information documents are provided as Attachment 6). Based on the questions and comments a revised "Final Draft Residential Low Density 3000" zoning classification and proposed development standards was prepared for final presentation to the neighborhood. ❑ July 7, 2004 Public Information meeting: The Planning Department staff conducted their third Public Information Meeting regarding the issue. At this meeting a "Final Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and orally (copies of the information documents are provided as Attachment 7). Based on the input from the neighborhood, staff has determined to proceed with the required public hearings to implement the necessary changes to the Zoning Ordinance and Zoning Map to address the development standards inconsistency that exist with the current zoning Ordinance standards as applied to the Bridgeport area. Overview of Current Code Provisions Regarding Bridgeport Area Development Standards: ❑ The Planning Commission approved a precise plan on November 30, 1966 in conjunction with Commission approval of Zone Change CZ -1 -66 and Tentative Tract Maps 6345 and 6346. The City Council subsequently adopted Ordinance No. 700 on January 16, 1967. This ordinance adopted CZ -1 -66 and PP -1 -66, subject to tenns and conditions. Precise Plan No. PP -1 -66 establishes different development standards for the subject property than those established in Section 28 -401 of the Code regarding property within the RLD, District II zone and have never been incorporated into the Zoning Ordinance. ZTA 04- 3.Brideeport Standards.PC Staff' Report 5 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission StcfReport August 18,2004 ❑ The current RLD District II development standards do not comport with the standards established by the City Council adoption of PP -1 -66, and the subject properties have been developed in accordance with the provisions of PP -1 -66. Bridgeport does not have garages on the front; they are located off alleys to the rear of the properties. The District II regulations only contemplate a front -entry or side -entry garage. All of the residences in Bridgeport are built with a zero lot line on one side of the property, while the District II regulations do not allow this situation to exist. Overview of Proposed Code Provisions Regarding Bridgeport Area Development Standards: The "Final Draft Residential Low Density 3000" zoning classification and proposed development standards closely adhere to the standards established by Precise Plan 1 -66 and the applicable CC &Rs for each tract within the Bridgeport Area (Tracts 6345,6346 and 9814).. To ensure that future Planting Department and Building Department staff, and the future owners of properties in Bridgeport have a clear indication in the Zoning Ordinance as to the required development standards that are applicable to each tract, a separate table is incorporated into the zoning ordinance that sets forth the major development standards imposed either by Precise Plan 1 -66 or the applicable CC &R documents. The proposed ordinance revisions are consistent with the 67% lot coverage provisions of the Riverfront Redevelopment Plan, and therefore no amendments to the Riverfront Redevelopment Plan are required. Other technical revisions to the zoning ordinance are also proposed to maintain internal consistency within the document based on the proposed amendments discussed above. Those technical amendments affect Paragraph (a) of Subsection 2 of Section 28 -300; Subsection 1 of Section 28 -506; Paragraph (1) of subsection A of Section 28 -700; Paragraph (1) of subsection B of Section 28 -700; Paragraph (1) of subsection A of Section 28 -800; Paragraph (1) of subsection B of Section 28 -800; the title of Article 10; Subsection 1 of Section 28 -1804; Paragraph (a) of subsection 2 of Section 28 -1804; and Subsections 1 and 2 of Section 2$ -2316 of the Zoning Ordinance. Elimination of " Plannin District" designation in the RLD — 5000 Zoning Standards: The proposed revisions to the RLD — 5000 zone also eliminate the current references to the different "Planning Districts" that are currently set forth in the RLD zone (Districts I, II, and V). The district designations were originally established to differentiate the varying development • standards between the "Gold Coast ", "Bridgeport", the "Hill ", "College Park East ", and "College Park West ". With the creation of the RLD — 3000 zone, the only real differentiations remaining in the RLD — 5000 zone are between the "Gold Coast" and the remaining typical single- family residential neighborhoods of the "Hill ", "College Park East ", and "College Park West ". The proposed revisions sets forth the appropriate standards for the "Gold Coast" as specific items, thereby eliminating the necessity of utilizing the "Planning District" identifiers. ZTA 04- 3.Brideeport Standards.PC Staff Report 6 • Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 Environmental Review: The proposed Zone Text Amendment will retain the development standards for Tract 6345, 6346, and 9814 as have been established in the recorded CC &R's for each tract. As such, and pursuant to 14 Calif. Code of Regs. § 15305 and § II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zone Text Amendment 04 -3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to: ❑ Section 15305 — Minor alterations in land use limitations in areas with an average slope less than 20 %, which do not result in any changes in land use or density; ❑ Section 15061(b)(3) — Review for Exemptions, because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. RECOMMENDATION Staff recommends that after receiving both written and oral testimony presented during the public hearing, the Commission recommend approval of Zone Text Amendment 04 -3 and Zone Change 04 -1 to the City Council, after determining if any additional revisions are appropriate based on the testimony received as part of the public hearing on this rnatter. Should the Commission follow staffs recommendation, staff has prepared proposed resolutions recommending approval of ZTA 04 -3 and ZC 04 -1 to the City Council. Please refer to Attachments 1 and 2, respectively, to review the proposed resolutions which includes the following proposed ordinance amendments to the Zoning Ordinance and Zoning Map: ❑ Establish a new residential development zone, Residential Low Density — 3000 (RLD - 3000), proposed Sections 28 -450 through 28 -456, that will establish development standards for the Bridgeport area of the community that are consistent with the provisions of "Precise Plans" approved for development in this area in the late 1960's and with the recorded Covenants, Conditions and Restrictions (CC &R's) for the three subdivisions that comprise the Bridgeport area. ❑ Revise the current Residential Low Density (RLD) zoning provisions (Section 28 -400 through 28 -407) to a new Residential Low Density — 5000 (RLD - 5000) zone that will maintain the same development standards for the areas of the City located in such zone (i.e., the Gold Coast, the Hill, College Park East and College Park West). Only the naive designation of this zoning district is proposed to be changed. ❑ Revise the Zoning Map of the City to indicate the change in zoning designations as described above. Tract 6345, Tract 6346, and Tract 9814 would be classified as Residential Low Density — 3000 (RLD - 3000). ZTA 04- 3.Bridgeport Standards.PC Staff Report 7 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 is D W hittenberg , irector epartment of Development Services Attachments: (7) Attachment 1: Proposed Planning Commission Resolution No. 04 -43, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of Zone Text Amendment 04 -3, Amending Articles 3, 4, 5, 7, 8, 10, 18 and 23 of Title 28 of the Code of the City of Seal Beach to Change of Title of the current Residential Low Density (RLD) Zoning Provisions (Section 28 -400 Through 28 -407) to Residential Low Density — 5000 (RLD - 5000); to Establish the Residential Low Density — 3000 (RLD - 3000) Zone, Sections 28 -450 through 28 -456; and to Make Other Conforming Amendments Attachment 2: Proposed Planning Commission Resolution Number 04 -44, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of Zone Change 04- 1, Regarding the Residential Low Density 5000 (RLD -5000) and Residential Low Density 3000 (RLD - 3000) Zoning Areas within the City Attachment 3: "Appropriate Development Standards — Residential Low Density Zone, Planning District II (Bridgeport/Suburbia) ", City Council Staff Report dated January 12, 2004 Attachrnent4: Ordinance No. 1514, An Interim Ordinance of the City of Seal Beach Enacted Pursuant to California Government Code Section 65858 Prohibiting the Issuance of Building Permits and Other Land Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the City's Review and Adoption of Permanent Zoning Regulations for Such Uses and Declaring the Urgency Thereof Attachment 5: March 17, 2004 Public Information Meeting Information Packet Attachment 6: April 12, 2004 Public Information Meeting Information Packet Attachment 7: July 7, 2004 Public Information Meeting Information Packet * * * * ZTA 04- 3.Bridgeport Standards.PC Staff Report 8 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 ATTACHMENT 1 PROPOSED PLANNING COMMISSION RESOLUTION NO. 04 -43, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE TEXT AMENDMENT 04 -3, AMENDING ARTICLES 3, 4, 5, 7, 8, 10, 18 AND 23 OF TITLE 28 OF THE CODE OF THE CITY OF SEAL BEACH TO CHANGE OF TITLE OF THE CURRENT RESIDENTIAL LOW DENSITY (RLD) ZONING PROVISIONS (SECTION 28 -400 THROUGH 28 -407) TO RESIDENTIAL LOW DENSITY - 5000 (RLD - 5000); TO ESTABLISH THE RESIDENTIAL LOW DENSITY - 3000 (RLD - 3000) ZONE, SECTIONS 28 -450 THROUGH 28 -456; AND TO MAKE OTHER CONFORMING AMENDMENTS ZTA 04- 3.Bridgeport Standards.PC Staff Report 9 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Conznz ssion Staff Report August 18,2004 • RESOLUTION NUMBER 04 -43 • A RESOLUTION OF THE PLANNING COMMISSION • OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE TEXT AMENDMENT 04 -3, AMENDING ARTICLES 3, 4, 5, 7, 8, 10, 18 AND 23 OF TITLE 28 OF THE CODE OF THE CITY OF SEAL BEACH TO CHANGE OF TITLE OF THE CURRENT RESIDENTIAL LOW _ DENSITY (RLD) ZONING PROVISIONS (SECTION 28 -400 THROUGH 28 -407) TO RESIDENTIAL LOW DENSITY - 5000 (RLD - 5000); TO ESTABLISH THE RESIDENTIAL LOW DENSITY - 3000 (RLD - 3000) ZONE, SECTIONS 28 -450 THROUGH 28 -456; AND TO MAKE OTHER CONFORMING AMENDMENTS • THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On January 12, 2004 the City Council considered a Staff Report and detennined to adopt Ordinance Number 1514, An Interim Ordinance of the City of Seal Beach Enacted Pursuant to California Government Code Section 65858 Prohibiting the Issuance of Building Permits and Other Land Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the. City's Review and Adoption of Permanent Zoning Regulations for Such Uses and Declaring the Urgency Thereof. Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and § II.B of the City's Local CEQA Guidelines, staff has detennined as follows: The application for Zone Text Amendment 04 -3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to Section 15305 — Minor alterations in land use limitations in areas with an average slope less than 20 %, which do not result in any changes in land use or density; and Section 15061(b)(3) — Review for Exemptions, because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held by the Planning Commission on August 18, 2004 to consider Zone Text Amendment 04 -3. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said zone text amendment. ZTA 04- 3.Bridgeport Standards.PC Staff Report 10 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - !' Bridgeport Development Standards • Planning Co777777iSSion Staff Report • August 18,2004 Section 4. The record of the hearing of August 18, 2004 indicates the following: (a) On January 12, 2004 the City Council considered a Staff Report and determined to adopt Ordinance Number 1514, An Interim Ordinance of the City of Seal Beach Enacted Pursuant to California Government Code Section 65858 Prohibiting the Issuance of Building Permits and Other Land Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the City's Review and Adoption of Permanent Zoning Regulations for Such Uses and Declaring the Urgency Thereof. (b) The subject properties are located in the Residential Low Density, District II zoned area of the City. The development standards for this area are substantially similar to the development standards for the Low Density Residential, District V zoning standards, which are applicable to the 5,000 square foot lots of the "Hill" area of the City. (c) The current RLD District II development standards do not comport with the standards established by the City Council adoption of PP -1 -66, and the subject properties have been developed in accordance with the provisions of PP -1 -66. Bridgeport/Suburbia does not have garages on the front; they are located off alleys to the rear of the properties. The District II regulations only contemplate a front -entry or side -entry garage. All of the residences in Bridgeport/Suburbia are built with a zero lot line on one side of the property, while the District II regulations do not allow this situation to exist. (d) Tracts No. 6345 and 6346 are subject to recorded CC &R's regulating uses of property and setting forth additional development standards that are inconsistent with the provisions of the Residential Low Density, District II Zoning standards, and are also inconsistent with the provisions of Ordinance No. 700 and Ordinance No. 780. Between 1968 and 1998 the CC &R's provided for an "Architectural Committee" to review and approve development plans within these tracts, and that committee is not longer legally constituted. This lack of architectural review to ensure compliance with the terms of the recorded CC &R's has caused confusion between the prop.erty owners of parcels within these tracts and the City as to what development standards the City will enforce when reviewing requests for development in Tract No. 6345 and Tract No. 6346. (e) On March 17, 2004 the Planning Department staff conducted an initial Public Information Meeting regarding this issue. At the conclusion of that meeting it was determined to schedule another meeting to allow staff to present to the neighborhood a set of proposed development standards that would closely follow the current development pattern for Bridgeport as established by the previous Precise Plan approvals and the recorded CC &R's. (f) On April 12, 2004 the Planning Department staff conducted their second Public Information Meeting regarding the issue. At this meeting. a "Preliminary Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and orally.. Based on the questions and comments a revised "Final Draft Residential Low Density 3000" ZTA 04- 3.Bridgeport Standards.PC Staff Report 1 1 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards • Planning Commission StaffReport August 18,2004 zoning classification and proposed development standards was prepared for final presentation to the neighborhood. (g) On July 7, 2004 the Planning Department staff conducted their third Public Information Meeting regarding the issue. At this meeting a "Final Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and orally. Based on the input from the neighborhood, staff determined to proceed with the required public hearings to implement the necessary changes to the Zoning Ordinance and Zoning Map to address the development standards inconsistency that exist with the current Zoning Ordinance standards as applied to the Bridgeport area. (h) The "Residential Low Density 3000" zoning classification and proposed development standards closely adhere to the standards established by Precise Plan 1 -66 and the applicable CC &Rs for each tract within the Bridgeport Area (Tracts 6345, 6346 and 9814). To ensure that future Planning Department and Building Department staff, and the future owners of properties in Bridgeport have a clear indication in the Zoning Ordinance as to the required development standards that are applicable to each tract, a separate table is incorporated into the zoning ordinance that sets forth the major development standards imposed either by Precise Plan 1 -66 or the applicable CC &R documents. (i) The proposed ordinance revisions are consistent with the 67% lot coverage provisions of the Riverfront Redevelopment Plan, and therefore no amendments to the Riverfront Redevelopment Plan are required. (j) Other technical revisions to the zoning ordinance are also proposed to maintain internal consistency within the document based on the proposed amendments discussed above. Those technical amendments affect Paragraph (a) of Subsection 2 of Section 28 -300; Subsection 1 of Section 28 -506; Paragraph (1) of subsection A of Section 28 -700; Paragraph (1) of subsection B of Section 28 -700; Paragraph (1) of subsection A of Section 28 -800; Paragraph (1) of subsection B of Section 28 -800; the title of Article 10; Subsection 1 of Section 28 -1804; Paragraph (a) of subsection of Section 28 -1804; and Subsections 1 and 2 of Section 28-2316 of the Zoning Ordinance. (k) At said public hearing there was oral and written testimony and evidence received by the Planning Corrunission. Section 5. Based upon the facts contained in the record, including those stated in § 4 of this resolution and pursuant to §§ 28 -2600 of the City's Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 04 -3 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed use is consistent with the General Plan. The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General Plan. ZTA 04- 3.Brideeport Standards.PC Staff Report 12 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. Specifically, this amendment would: • (1) Establish a new residential development zone, Residential Low Density — 3000 (RLD - 3000), proposed Sections 28 -450 through 28 -456, that will establish development standards for the Bridgeport area of the community that are consistent with the provisions of "Precise Plans" approved for development in this area in the late 1960's and with • the recorded Covenants, Conditions and Restrictions (CC &R's) for the three subdivisions that comprise the Bridgeport area. (2) Revise the current Residential Low Density (RLD) zoning provisions (Section 28 -400 through 28 -407) to a new Residential Low Density — 5000 (RLD - 5000) zone that will maintain the same development standards for the areas of the City located in such zone (i.e., the Gold Coast, the Hill, College Park East and College .Park West).- Only the name designation of this zoning district is proposed to be changed. (3) Approve technical revisions to the zoning ordinance to maintain internal consistency within the document based on the proposed amendments discussed above. Those technical amendments affect Paragraph (a) of Subsection 2 of Section 28 -300; Subsection 1 of Section 28 -506; Paragraph (1) of subsection A of Section 28 -700; Paragraph (1) of • subsection B of Section 28 -700; Paragraph (1) of subsection A of Section 28 -800; Paragraph (1) of subsection B of Section 28 -800; the title of Article 10; Subsection 1 of Section 28 -1804; Paragraph (a) of subsection 2 of Section 28 -1804; and Subsections 1 and 2 of Section 28 -2316 of the Zoning Ordinance. Section 6. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 04 -3 to the City Council as set forth on Exhibit A, attached to this resolution and incorporated herein. • PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of 2004, by the following vote. AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ZTA 04- 3.Bridgeport Standards.PC Staff Report 13 Zone Text Amendment 04-3 and Zone Change 04 -1 • RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 Chairman of the Planning Coininission • Lee Whittenberg Secretary of the Planning Commission ZTA 04- 3.Bridaeport Standards.PC Staff Report 14 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 "EXHIBIT A" ORDINANCE NUMBER , AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE CODE OF THE CITY OF SEAL BEACH TO CHANGE THE TITLE OF THE CURRENT RESIDENTIAL LOW DENSITY (RLD) ZONING PROVISIONS TO RESIDENTIAL LOW DENSITY - 5000 (RLD - 5000); TO ESTABLISH THE RESIDENTIAL LOW DENSITY - 3000 (RLD - 3000) ZONE, SECTIONS 28 -450 THROUGH 28- 456; AND TO MAKE OTHER CONFORMING AMENDMENTS ZTA 04- 3.Bridgepon Standards.PC Staff Report 15 Zone Text Amendment 04 -3 and Zone Change 04 -1 • RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards • Planning Commission Staff Report August 18,2004 ORDINANCE NUMBER AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE CODE OF THE CITY OF SEAL BEACH TO CHANGE THE TITLE OF THE CURRENT RESIDENTIAL LOW DENSITY (RLD) ZONING PROVISIONS TO RESIDENTIAL LOW DENSITY - 5000 (RLD - 5000); TO ESTABLISH THE RESIDENTIAL LOW DENSITY - 3000 (RLD - 3000) ZONE, SECTIONS 28 -450 THROUGH 28 -456; AND TO MAKE OTHER CONFORMING AMENDMENTS WHEREAS, On January 12, 2004 the City Council considered a Staff Report and determined to adopt Ordinance Number 1514, An Interim Ordinance of the City of Seal Beach Enacted Pursuant to California Government Code Section 65858 Prohibiting the Issuance of Building Permits and Other Land Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the City's Review and Adoption of Permanent Zoning Regulations for Such Uses and Declaring the Urgency Thereof; and WHEREAS, The subject properties are located in the Residential Low Density, District II zoned area of the City. The development standards for this area are substantially similar to the development standards for the Low Density Residential, District V zoning standards, which are • applicable to the 5,000 square foot lots of the "Hill ". area of the City, and WHEREAS, The current RLD District II development standards do not comport with the standards established by the City Council adoption of PP -1 -66, and the subject properties have been developed in accordance with the provisions of PP -1 -66. Bridgeport/Suburbia does not have garages on the front; they are located off alleys to the rear of the properties. The District II regulations only contemplate a front -entry or side -entry garage. All of the residences in Bridgeport/Suburbia are built with a zero lot line on one side of the property, while the District II regulations do not allow this situation to exist; and WHEREAS, Tracts No. 6345 and 6346 are subject to recorded CC &R's regulating uses of property and setting forth additional development standards that are inconsistent with the provisions of the Residential Low Density, District II Zoning standards, and are also inconsistent with the provisions of Ordinance No. 700 and Ordinance No. 780. Between 1968 and 1998 the CC &R's provided for an "Architectural Committee" to review and approve development plans within these tracts, and that committee is not longer legally constituted. This lack of architectural review to ensure compliance with the terns of the recorded CC &R's has caused confusion between the property owners of parcels within these tracts and the City as to what development standards the City will enforce when reviewing requests for development in Tract No. 6345 and Tract No. 6346; and ZTA 04- 3.Bridgeport Standards.PC Staff Report 16 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 WHEREAS, On March 17, 2004 the Planning Department staff conducted an initial Public Information Meeting regarding this issue. At the conclusion of that meeting it was detennined to schedule another meeting to allow staff to present to the neighborhood a set of proposed development standards that would closely follow the current development pattern for Bridgeport as established by the previous Precise Plan approvals and the recorded CC &R's; and WHEREAS, On April 12, 2004 the Planning Department staff conducted their second Public Infonnation Meeting regarding the issue. At this meeting a "Preliminary Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and orally. Based on the questions and comments a revised "Final Draft Residential Low Density 3000" ► zoning classification and proposed development standards was prepared for final presentation to the neighborhood; and WHEREAS, On July 7, 2004 the Planning Department staff conducted their third. Public Information Meeting regarding the issue. At this meeting a "Final Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and. . Based on the input from the neighborhood, staff detennined to proceed with the required public hearings to implement the necessary changes to the Zoning Ordinance and Zoning Map to address the development standards inconsistency that exist with the current zoning Ordinance standards as applied to the Bridgeport area; and WHEREAS, The "Residential Low Density 3000" zoning classification and proposed development standards closely adhere to the standards established by Precise Plan 1 -66 and the applicable CC &Rs for each tract within the Bridgeport Area (Tracts 6345, 6346 and 9814). To ensure that future Planning Department and Building Department staff, and the future owners of properties in Bridgeport have a clear indication in the Zoning Ordinance as to the required development standards that are applicable to each tract, a separate table is incorporated into the zoning ordinance that sets forth the major development standards imposed either by Precise Plan 1 -66 or the applicable CC &R documents; and WHEREAS, The Planning Commission conducted a public hearing regarding Zone Text Amendment 04 -3 on August 18, 2004 and has recommended approval of said Zone Text • Amendment through the adoption of Planning Commission Resolution 04 -43; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Section 28- 300.2(a) of Article 3 of Title 28 of The Code of The City of Seal Beach is amended to read as follows: "(2) The zones are described as follows: ZTA 04- 3.Bridgcport Standards.PC Staff Report 17 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 (a) RLD Residential low density zones; (i) RLD — 5000 Residential Low Density Zone (ii) RLD — 3000 Residential Low Density Zone" Section 2. Article 4 of Title 28 of The Code of The City of Seal Beach is hereby deleted in its entirety and replaced with the following: "Article 4. Residential Low Density Zone — 5000 (RLD - 5000 Zone) Section 28 -400. A. Permitted Uses. (1) One dwelling unit on each lot of record; (2) Accessory buildings or structures including private- garages to accommodate not more than 3 automobiles; (3) Flower and vegetable gardening; (4) Animals and fowl as provided in Title 7,Chapter 7.05, Animals; (5) Horne occupations; (6) Twenty -four hour foster care homes; • (7) Small family day care homes, caring for up to 6 children; (8) Mobile homes in a mobile home park established by the issuance of an unclassified use pennit; (9) Swimming pool used solely by persons residing on the site and their guests: (a) Pool setbacks: (i) Side property line - 4 feet. (ii) Rear property line - 4 feet. (b) Mechanical pool equipment: (i) Setback 1 foot from property line and 10 feet from neighboring residence, or 8 feet from neighboring residence with sound attenuation approved by City staff. (ii) Heater vent not to extend more than 6 inches above the nearest wall or fence. ZTA 04- 3.Bridgeport Standards.PC Staff Report 18 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report • August 18,2004 (10) Second Dwelling Units, pursuant to the requirements of Section 28 -407. B. Conditionally Permitted Uses. (1) Garages with more than 3 parking spaces; (2) Public utility buildings; (3) Private churches, museums, libraries, schools and colleges; . (4) Large family day care homes, caring for 7 to 12 children subject to the following regulations: (a) 75 square feet of outdoor play area, and 35 square feet of indoor play area shall be provided per child: The outdoor play area shall be contiguous usable area, enclosed by a 6- foot high masonry wall. Any gate entry shall be securely fastened and self- closing. (b) Large family day care homes shall be operated in a manner • not exceeding the noise levels of the City of Seal Beach Noise Ordinance, nor shall such day care homes be • operated in a manner that constitutes a noise nuisance to neighboring properties. (c) A pen shall not be granted for a large family day care home that would be established within a 300 foot radius of any existing licensed large family day care home, and within 500 feet of an existing licensed large family day care home on the street for which the home is proposed. (d) All large family day care homes shall comply with all regulations adopted and enforced by the State Fire Marshall and the Orange County Fire Department. (e) The applicant shall submit a copy of the Orange County Social Services License prior to the operation of the day care facility. (f) The applicant shall obtain a City business license prior to the operation of the day care facility. (g) In addition to the 2 required covered parking spaces, 1 on- site parking space shall be provided for each employee other than the operator, and 1 drop - off - pickup space shall be provided on -site or immediately adjacent to the subject property. C. Prohibited Uses (single- family dwellings). (1) Exterior stairways providing access from the ground level and /or the first floor to the second floor or above, when such stairways are ZTA 04- 3.Bridgeport Standards.PC Staff Report 19 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 not specifically required by the California Building Code. Excepting such stairways may be permitted through the building pen process in Planning District V on properties with a second story kitchen existing as of March 9, 1998. In such a case, a covenant shall be recorded on the title of the property stipulating the property is to be used only as a single - family dwelling. Exception:Exterior stairways may be permitted on single - family dwellings located within identified flood zones upon approval of a consent calendar plan review by the Planning Commission. Section 28 -401. General Provisions. Lot Size. Open Space. Bulk and Yards. A. Minimum lot size: Width, interior lot 50 ft. Width, corner lot 55 ft. Depth 100 ft. Area, interior lot 5,000 sq. ft. Area, corner lot 5,500 sq. ft. B. Density, lot area per dwelling unit: 5,000 sq. ft. C. Minimum floor area: Primary Dwelling Units 1,200 sq. ft. Efficiency Second Dwelling Units 150 sq. ft. One - Bedroom Second Dwelling Units 400 sq. ft. Two- or more Bedroom Second Dwelling Units 600 sq. ft. D. Maximum height. main building and Second Dwelling Units 2 stories max. 25 ft. (1) Ocean Avenue between First and Eighth Streets: Maximum height shall be 2 stories, or 25 feet, measured at the wall of the building nearest Ocean Avenue and the height of this roofline shall not be exceeded on the remainder of the lot E. Maximum height. accessory building: 15 ft. F. Landscaping: 40% of Required Front Yard (minimum) G. Maximum floor area for Second Dwelling Units: Detached Second Units 800 sq. ft. Attached Second Units 30% of existing Primary Dwelling Unit living area H. Maximum lot coverage: 45% (1) Ocean Avenue between First and Eighth Streets: 60% ZTA 04- 3.Bridneport Standards.PC Staff Reportl.DOC 20 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report .4ugust 18, 2004 (2) College Park East: Open patio covers permitted which do not exceed five percent of the lot area. Yard Dimensions (Minimums): (1) Front Yard Abutting Street 18 ft. front entry garage . 10 ft. side entry garage (a) Ocean Avenue between First and Eighth Streets: Front - entry garages only are pennitted 18 ft front yard setback required (b) Except where go floor decks existing as of January 1, 2001 extend into the front yard setback area. In such situations, the second floor setback shall be the edge of the existing deck. (c) Living area must observe eighteen -foot front yard setback, except over a side entry garage where the living area may encroach to the front wall 'of the building and in no case less than ten feet from the front property line. (2) Side Yard Abutting Street 15% lot width; Maximum required 10 ft. (3) Rear Yard Abutting Street and other Area Specified in Section 28- 2316.2.(H) 10 ft., except for the following: (a) Detached covered patio roofs, gazebos (over 50% of perimeter open) and sun screens (over 50% of perimeter open) are pennitted within five (5') feet subject to the issuance of a building pen Such structures shall have a maximum height of twelve (12') feet when located within ten (10') feet of the rear property line, are subject to the maximum lot coverage requirement, shall have a maximum covered area of 200 square feet and a maximum perimeter dimension (on any one side) of fifteen (15') feet. (1) Subject to the issuance of a conditional use permit, and bound by all conditions of paragraph 1 above as well as any conditions imposed through the issuance of the use pennit, the above listed structures may be constructed to the rear property line. (b) Detached accessory structures, excluding garages and habitable rooms, may be approved by the Planning Conunission subject to consent calendar plan review approval. Such structures shall have a maximum height of twelve (12') feet when located within five (5') feet of the rear property line and are subject to the maximum lot coverage requirement. ZTA 04- 3.Bridgeport Standards.PC Staff Reportl.DOC 21 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 (4) Side Yard Not Abutting Street 5 ft. Ocean Avenue between First and Eighth Streets ...10% lot width; Minimum required 3 ft. (5) Rear Yard Not Abutting Street 10 ft.; except for the following exceptions: (a) Detached' accessory structures, excluding garages and habitable rooms, may be approved by the Planning Commission subject to consent calendar plan review approval. Such structures shall have a maximum height of twelve (12') feet when located within ten (10') feet of the rear property line and are subject to the maximum lot coverage requirement. Additionally, such structures shall have a maximum covered area of 150 square feet and a maximum perimeter dimension (on any one side) of twelve (12') feet. (b) Uncovered decks designed as a level extension of the flat graded portion of a lot on those certain properties in the Residential Low Density Zone which abut the Hellman Ranch or Gum Grove Park, may be approved by the Planning Commission through the conditional use permit process. (c) Ocean Avenue between First and Eighth Street 96 ft. (i) Walkway may extend a maximum of ten (10) feet into the rear yard. Balcony /deck may extend or project a maximum of ten (10) feet into or over the rear yard in the area below or at the second floor level (from street). Above the second floor level, eaves may project a maximum of five (5) . feet over the rear yard, subject to Planning Commission approval of a consent calendar plan review application. Section 28 -402. Required Parking. Parking Space Size, Form and Type. A. Parking Dimensions per space: 10 ft. x 20 ft. 9 ft. x 20 ft. interior dimensions B. Number of spaces per unit: Primary Dwelling Units Second Dwelling Units 1 per Efficiency Second Dwelling Unit or per bedroom for non - Efficiency Second Dwelling Units Notwithstanding the foregoing, the City may require that a One - Bedroom Second Dwelling Unit have two parking spaces if the City ZTA 04- 3.Bridaeport Standards.PC Staff Reportl .DOC 22 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - • Bridgeport Development Standards Planning Commission Staff Report August 18.2004 determines that the additional parking requirement is directly related to the use of the second unit and is consistent with existing neighborhood standards applicable to existing dwellings. C. Form: Primary Dwelling Units Open & Accessible Second Dwelling Units Open & Accessible or Tandem Notwithstanding the foregoing, the City may require that a Second Dwelling Unit not use tandem parking if the City determines that tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions." D. Type Garage (or carport by conditional use pen only) E. Church parking: One space for each five fixed seats or one space for each 75 square feet of floor area used for assembly purposes and containing no fixed seats. ' f Section 28 -403. The Effect of Nonconforming Parking Space Dimensions on Structural Alterations. The prohibition against the enlargement, structural alteration or expansion of a non - conforming building shall not apply to residential buildings which are nonconforming only by reason of a failure to comply with the provisions of this code as to the required dimensions of parking spaces or garages, provided the minimum size of an existing nonconforming parking space is nine feet by nineteen feet interior dimensions with a minimum of twenty -four foot turning radius. Section 28 -404. Use of Garages and Carports. All required garages and carports shall be used for short tern parking of licensed passenger motor vehicles for persons residing on the premises. Required garages and carports shall not be used for storage of inoperable motor vehicles, boats, trailers, furniture, building materials or other materials, which would interfere with the parking of licensed passenger motor vehicles. Section 28 -405. (Repealed). Section 28 -406. Roof - Mounted Mechanical Equipment. Roof - mounted mechanical equipment shall be architecturally screened. Section 28 -407. Second Dwelling units. A. Definitions. ZTA 04- 3.Bridgeport Standards.PC Staff Reportl.DOC 23 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgepw7 Development Standards Planning Commission Staff Report August 18,2004 (1) "Second Dwelling Unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single- family dwelling. A Second Dwelling Unit also includes Efficiency Units and Manufactured Homes, as those terns are defined below. A Second Dwelling Unit is not an "Accessory Building." (2) "Efficiency Unit" means a separate living space with a minimum floor area of 150 square feet which contains partial kitchen or bathroom facilities. (3) "One - Bedroom Unit" means a separate living space that contains a living - room, one bedroom, and, full kitchen and bathroom (4) "Two- Bedroom Unit" means a separate living space that contains a living room, two bedrooms, and full kitchen and bathroom facilities. (5) "Manufactured Home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured Horne" shall also include any structure which meets all the requirements of this paragraph except the size requirements if the manufacturer of the structure complies with the statutory certification requirements for manufactured homes and the standards set forth for manufactured homes in the California Health and Safety Code. B. Second Dwelling Units Permitted. An application for a Second Dwelling Unit that meets the standards contained in this section shall be approved ministerially without discretionary review or public hearing. C. Primary Dwelling Unit. A legal single - family dwelling (the "Primary Dwelling Unit ") must exist on the lot or must be constructed on the lot in conjunction with the construction of the Second Dwelling Unit. D. Independent facilities. A Second Dwelling Unit shall provide independent living facilities for one or more persons and include permanent provisions for living, sleeping, eating, cooking, and sanitation. E. Zoning requirements. A Second Dwelling Unit shall comply with the same height, setback, lot size, lot coverage, and other applicable zoning requirements as apply to the Primary Dwelling Unit. ZTA 04- 3.Bridgeport Standards.PC Staff Report 24 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18, 2004 • F. Ownership. The property shall be the primary residence of the property owner. The owner must occupy either the Primary Dwelling Unit or Second Dwelling Unit as his or her primary principal residence. G. Deed restriction. The Second Dwelling Unit shall not be sold, transferred, or assigned separately from the Primary Dwelling Unit. Before obtaining a building permit for the Second Dwelling Unit, the owner of the lot or • parcel shall file with the County Recorder a declaration or agreement of restrictions, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property • was acquired by the owner and stating that: (1) The Second Dwelling Unit shall not be sold separately. (2) The Second Dwelling Unit shall be considered legal only so long as either the Primary Dwelling Unit or the Second Dwelling Unit is occupied by the owner of record of the property. (3) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner. H. Impact on Historic resources. No Second Dwelling Unit may be approved if located on, or adjacent to, real property that is listed on the California Register of Historic Places. Architectural Compatibility. The Second Dwelling Unit shall incorporate the same or similar architectural features, building materials and colors as the main dwelling unit or dwellings located on adjacent properties." Section 3. Article 4.5 of Title 28 of The Code of The City of Seal Beach is hereby added to read: "Article 4.5 Residential Low Density Zone — 3000 (RLD - 3000 Zone) Section 28 -450. A. Permitted Uses. (1) One dwelling unit on each lot of record; (2) Accessory buildings or structures including private garages to accommodate not more than 3 automobiles; (3) Flower and vegetable gardening; (4) Animals and fowl as provided in Title 7,Chapter 7.05, Animals; ZTA 04- 3.Brideeport Stands ds.PC Staff Report 25 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 (5) Hoene occupations; (6) Twenty -four hour foster care homes; (7) Small family day care homes, caring for up to 6 children; (8) Mobile homes in a mobile home park established by the issuance of an unclassified'use permit; - (9) Swimming pool used solely by persons residing on the site and their guests: (a) Pool setbacks: (i) Side property line - 4 feet. (ii) Rear property line - 4 feet. (b) Mechanical pool equipment: (i) Setback 1 foot from property line and 10 feet from neighboring residence, or 8 feet from neighboring residence with sound attenuation approved by City staff. (ii) Heater vent not to extend more than 6 inches above the nearest wall or fence. (10) Second Dwelling Units, pursuant to the requirements of Section 28 -407. B. Conditionally Permitted Uses. (1) Garages with more than 3 parking spaces; (2) Public utility buildings; (3) Private churches, museums, libraries, schools and colleges; (4) Large family day care homes, caring for 7 to 12 children subject to the following regulations: (a) 75 square feet of outdoor play area, and 35 square feet of indoor play area shall be provided per child. The outdoor play area shall be contiguous usable area, enclosed by a 6- foot high masonry wall. Any gate entry shall be securely fastened and self- closing. (b) Large family day care homes shall be operated in a manner not exceeding the noise levels of the City of Seal Beach Noise Ordinance, nor shall such day care homes be operated in a manner that constitutes a noise nuisance to neighboring properties. ZTA 04- 3.Bridaeport Standards.PC Staff Report 26 Zone Text Amendment 04 -3 and Zone Change 04 -1 • RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report . August 18, 2004 (c) A permit shall not be granted for a large family day care home that would be established within a 300 foot radius of any existing licensed large family day care home, and within 500 feet of an existing licensed large family day care home on the street for which the home is proposed. (d) All large family day care homes shall comply with all regulations adopted and enforced by the State Fire Marshall • and the Orange County Fire Department. (e) The applicant shall submit a copy of the Orange County Social Services. License prior to the operation of the day care facility. (f) The applicant shall obtain a City business license prior to the operation of the day care facility. (g) In addition to the 2 required covered parking spaces, 1 on- site parking space shall be provided for each employee other than the operator, and 1 drop - off -pick- up space shall be provided on -site or immediately adjacent to the subject property. C. Prohibited Uses (single - family dwellings). (1) Exterior stairways providing access from the ground level and/or the first floor to the second floor or above, when such stairways are not specifically required by the California Building Code. Excepting such stairways may be permitted through the building permit process on properties with a second story kitchen existing as of March 9, 1998. In such a case, a covenant shall be recorded on the title of the property stipulating the property is to be used only as a single- family dwelling. Exception: Exterior stairways may be permitted on single- - family dwellings located within identified flood zones upon approval of a consent calendar plan review by the Planning Commission. (2) Roof decks. Section 28 -451. General Provisions. Lot Size. Open Space. Bulk and Yards. A. Minimum lot size: Width, interior lot 30 ft. Width, corner lot 35 ft. Depth 80 ft. Area, interior lot 3,000 sq. ft. Area, corner lot 3,000 sq. ft. ZTA 04- 3.Bridgeport Standards.PC Staff Report 27 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18, 2004 B. Density. lot area per dwelling unit: 3,000 sq. ft. C. Minimum floor area: Primary Dwelling Units 1,200 sq. ft. Efficiency Second Dwelling Units 150 sq. ft. One - Bedroom Second Dwelling Units 400 sq. ft. Two- or more Bedroom Second Dwelling Units 600 sq. ft. D. Maximum height. main building and Second Dwelling Units: refer to Tables 1 through 3 E. Maximum height. accessory building: 15 ft. F. Landscaping: refer to Tables 1 through 3 G. Maximum floor area for Second Dwelling Units: Detached Second Units 800 sq. ft. Attached Second Units 30% of existing Primary Dwelling Unit living area H. Maximum lot coverage: 70% I. Yard Dimensions (Minimums): refer to Tables 1 through 3 Section 28 -452. Required Parking. Parking Space Size and Type. A. Parking Dimensions per space: 10 ft. x 20 ft. 9 ft. x 20 ft. interior dimensions B. Number of spaces per unit: (1) Primary Dwelling Units: (a) Tract 9814 refer to Table 3 (b) All other tracts 7 (2) Second Dwelling Units: 1 per Efficiency Second Dwelling Unit or per bedroom for non - Efficiency Second Dwelling Units Notwithstanding the foregoing, the City may require that a One - Bedroom Second Dwelling Unit have 2 parking spaces if the City determines that the additional parking requirement is directly related to the use of the second unit and is consistent with existing neighborhood standards applicable to existing dwellings. ZTA 04- 3.Bridgeport Standards.PC Staff Report].DOC 28 Zane Text .Amendment 04 -3 and Zone Change 04 -1 • RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 C. Form: (1) Primary Dwelling Units Open & Accessible • (2) Second Dwelling Units Open & Accessible or Tandem Notwithstanding, the foregoing, the City may require that a Second Dwelling Unit not use tandem parking if the City determines that tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions." D. Type: Garage E. Church parking: 1 space for each 5 fixed seats or 1 space for each 75 square feet of floor area used for assembly purposes and containing no fixed seats. Section 28 -453. The Effect of Nonconforming Parking Space Dimensions on Structural Alterations. The prohibition against the enlargement, structural alteration or expansion of a non - conforming building shall not apply to residential buildings which are nonconforming only by reason of a failure to comply with the provisions of this code as to the required dimensions of parking spaces or garages, provided the minimum size of an existing nonconforming parking space is 9 feet by 19 feet interior dimensions with a minimum of a 24 foot turning radius. Section 28 -454. Use of Garages and Carports. All required garages and carports shall be used for short term parking of licensed passenger motor vehicles for persons residing on the premises. Required garages and carports shall not be used for storage of inoperable motor vehicles, boats, trailers, furniture, building materials or other materials, which would interfere with the parking of licensed passenger motor vehicles. Section 28 -455. Architectural Committee Approval Required. The City shall not review any plans for a building, fence, wall, swimming pool or structure until an approved building plan approved by the appropriate Architectural Committee for those Tracts within the RLD -3000 Zone that have an legally constituted Architectural Committee, as has been submitted to the City. Section 28 -456. Roof - Mounted Mechanical Equipment. Roof - mounted mechanical equipment shall be architecturally screened. • ZTA 04- 3.Bridgeport Standards.PC Staff Report] .DOC 29 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5 000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Conzmission Staff Report August 18, 2004 RLD - 3000 Zone Specific Tract Development Standards TABLE 1 - TRACT 6345 Development Standard Required Standard Building Setbacks: Front Yard: First Floor 6 feet — Lot 30 and 31. 8 feet — All remaining lots. Front Yard: Second Floor 50 feet. Rear Yard 2 feet. Interior Side Yard 6 feet on one side — opposite side yard is 0 -foot minimum setback. Street Side Yard 3 feet. Maximum Height Limit: 25 feet overall — 12 feet at Zero Side Yard. Number of Stories: 2 -Story Lots — Maximum of 24 lots. Allowable Floor Areas: First Floor 1,250 square feet minimum. Second Floor 300 square feet minimum; 800 square feet maximum. Fence Height: 3 feet in front yard setback area. 8 feet outside of front yard setback area. • Projections: Chimney 2 feet into required interior side yard: not exceeding 6 feet in length (Chimney projection not allowed in front, rear, or exterior side yard). Roof eaves — Rear Yard 1 foot into public alley (includes garage door in open position). Required landscaping: 40% of required Front Yard. Patio Covers: Not permitted in front, rear, or side yard setback area. ZTA 04- 3.Bridneport Standards.PC Staff Report 30 Zone Text Amendment 04 -3 and Zone Change 04 -1 • RLD - 5000 and RLD - 3000 Zoning Standards - • Bridgeport Development Standards Planning Commission Staff Report August 18,2004 RLD - 3000 Zone Specific Tract Development Standards TABLE 2 - TRACT 6346 Development Standard Required Standard Building Setbacks: Front Yard: First Floor 8 feet — All Tots except Lots 1 and 6. 7 feet — Lot 1; 4 feet — Lot 6. Front Yard: Second Floor - 50 feet. Rear Yard 2 feet. Interior Side Yard 6 feet. • Opposite Side Yard 0 feet. Street Side Yard 3 feet. Height Limit: 25 feet overall —12 feet at Zero Side Yard. Number of Stories: 2 -Story Lots — Maximum of 38 lots. Allowable Floor Areas: First Floor 1,250 square feet minimum. Second Floor 300 square feet minimum; 800 square feet maximum. Fence Height: 3 feet in front yard setback area. 8 feet outside of front yard setback area. Projections: Chimney 2 feet into required interior side yard: not exceeding 6 feet in length (Chimney projection not allowed in front, rear, or exterior side yard). Roof eaves — Rear Yard 1 foot into public alley (includes garage door in open position). Required landscaping: 40% of required Front Yard. Patio Covers: Not permitted in front, rear, or side yard setback area. ZTA 04- 3.Brideeport Standards.PC Staff Report 31 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5 000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 RLD 3000 Zone Specific Tract Development Standards TABLE 3 - TRACT 9814 Development Standard Required Standard Building Setbacks: Front Yard: First Floor 12 feet - Lot 1, 4, 6, 9, 15, 17, 20, 24, 25, 27, 29, 31, 33. 10 feet - Lot 2, 5, 8, 10, 12, 16, 19, 21, 23, 26, 30. 8 feet - Lot 3, 7, 11, 13, 14, 18, 22, 28, and 32. 6 feet - Lot 34, 35. Front Yard: Second Floor 30 feet except as follows: 20 feet - Lot 13_34, 35. Rear Yard 2 feet - Lots 1 through 24. 8 feet - Lots 25 through 35. Interior Side Yard (Southwesterly 6 feet. Side) Interior Side Yard (Northwesterly 0 feet - All lots except Lot 12 and 35. side) Street Side Yard 6 feet - Lot 1, 24 and 25. Height Limit: 25 feet overall - Lots 12, 13 and 35. 25 feet overall - 12 feet within 3 feet of an exterior Side Yard - All other Lots. Number of Stories: 1 -Story Lots - Lot 1, 3, 7, 11, 18, 22, 24, 25, 28. 2 -Story Lots = All remaining lots. Fence Height: 3 feet in front yard setback area. 8 feet outside of front yard setback area. Architectural Projections: 2 feet - except no fireplace or chimney structure allowed in first floor front yard setback area or rear yard setback area. Required landscaping: Entire front yard setback area except entry walks and driveways. 6 square feet minimum in rear yard setback area. Trash Enclosure: Minimum 2 -foot by 4 -foot area adjacent to rear yard setback area - all lots except 31, 32, 33, 34, and 35. ZTA 04- 3.Bridgeport Standards.PC Staff Report 32 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 TABLE 3 - TRACT 9814 (Continued) Patio Area: 240 square foot minimum - adjacent to 6 -foot side yard setback area Patio Covers: Not permitted in front, rear, or side yard setback area. Must have 50% open roof area and cannot be enclosed. Section 4. Paragraph (a) of subsection 2 of Section 28 -300 of Article 3 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(a) RLD -3000 Residential Low Density Zone — 3000;" Section 5. Paragraphs (b) through (o) of subsection 2 of Section 28 -300 of Article 3 of Title 28 of The Code of The City of Seal Beach are hereby renumbered as paragraphs (c) through (p), respectively. Section 6. A new Paragraph (b) is hereby added to subsection 2 of Section 28 -300 of • Article 3 of Title 28 of The Code of The City of Seal Beach to read as follows: "(b) RLD -5000 Residential Low Density Zone — 5000;" Section 7. Subsection 1 of Section 28 -506 of Article 5 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(1) Other provisions of the RLD -5000 and C -2 zones shall apply." Section 8. Paragraph (1) of subsection A of Section 28 -700 of Article 7 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(1) All uses permitted in the RLD — 5000 Zone." Section 9. Paragraph (1) of subsection B of Section 28 -700 of Article 7 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(1) Unless otherwise permitted in Subsection A, all uses prohibited in the RLD — 5000 Zone." Section 10. Paragraph (1) of subsection A of Section 28 -800 of Article 8 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(1) All uses permitted in the RLD — 5000 and RMD Zones." ZTA 04-3.Bridgeport Standards.PC Staff Report 33 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 1 5,2004 Section 11. Paragraph (1) of subsection B of Section 28 -800 of Article 8 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(1) Unless otherwise pennitted in Subsection A, all uses prohibited in the RLD — 5000 and RMD Zones." Section 12. The title of Article, 10 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "Article 10. Mobile Homes on RLD — 5000 Single Family Lots" Section 13. Subsection 1 of Section 28 -1804, Permitted Signs, of Article 18 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(1) RLD — 5000, RLD - 3000, and RMD Zones. The following signs are permitted in the RLD — 5000, RLD - 3000, and RMD Zones:" Section 14. Paragraph (a) of subsection 2 of Section 28 -1804, Pennitted Signs, of Article 18 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(a) All signs permitted in the RLD — 5000, RLD - 3000, and RMD Zones:" Section 15. Subparagraph (4) of Paragraph (A) of Subsection (1) of Section 28 -2316, Fences. Walls. Hedges and Screen Plantings, of Article 23 of Title 28 of The Code of The City of Seal Beach is hereby revised to read as follows: "(4) Except in the RLD - 3000 Zone, a wall, fence, hedge, or screen planting not more than forty -two (42) inches in height may be located in the required front yard setback from the point that a six (6) foot high fence, wall or screen planting is permitted to the front property line, subject to the provisions of this section." Section 16. A new Subparagraph (5) is hereby added to Paragraph (A) of Subsection (1) of Section 28 -2316, Fences. 'Walls. Hedges and Screen Plantings, of Article 23 of Title 28 of The Code of The City of Seal Beach to read as follows: "(5) Notwithstanding the preceding, in the RLD - 3000 Zone, a wall, fence, hedge or screen planting not more than thirty -six (36) inches in height may be located in the required front yard setback from the point that a eight (8) foot high fence, wall or screen planting is permitted to the front property line, subject to the provisions of this section." Section 17. A new Paragraph (L) is hereby added to Subsection (2) of Section 28 -2316, Fences. Walls. Hedges and Screen Plantings, of Article 23 of Title 28 of The Code of The City of Seal Beach to read as follows: • ZTA 04- 3.Bridgeport Standards.PC Stair Report 34 • Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 �• "(L) Eight (8) Foot Fences. In the RLD - 3000 Zone, eight (8) foot high fences may be constructed where six (6) foot fences are permitted by this chapter." Section 18. Severabilitv_. 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 or unconstitutional, such decision shall not. affect the validity of the remaining portion of this • Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional. Section 19.. The City Clerk shall cause this ordinance to be published in accordance with applicable law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2004. 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, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 2004, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2004 by the following vote: ZTA 04- 3.Brideeport Standards.PC Staff Report 35 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk • • • ZTA 04- 3.8ridgeport Standards.PC Staff Report 36 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report .August 18,2004 ATTACHMENT 2 PROPOSED PLANNING COMMISSION RESOLUTION NUMBER 04 -44, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY • OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 04 -1, REGARDING THE RESIDENTIAL LOW DENSITY 5000 (RLD - 5000) AND RESIDENTIAL LOW DENSITY 3000 (RLD - 3000) ZONING AREAS WITHIN THE CITY . ZTA 04- 3.Bridgeport Standards.PC Staff Report 37 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 RESOLUTION NO. 04 - 44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 04 -1, REGARDING THE RESIDENTIAL LOW DENSITY 5000 (RLD - 5000) AND RESIDENTIAL LOW DENSITY 3000 (RLD - 3000) ZONING AREAS WITHIN THE CITY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City is proposing the creation of Residential Low Density — 5000 (RLD — 5000) and Residential Low Density — 3000 (RLD — 3000) zoning designations to clearly differentiate the substantially different requirements for development of the "Bridgeport" area of the City from the remaining low density residential areas of the City, and has prepared Zone Text Amendment 04 -3 to accomplish this. Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and § II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zone Change 04 -1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to Section 15305 — Minor alterations in land use limitations in areas with an average slope less than 20 %, which do not result in any changes in land use or density; and Section 15061(b)(3) — Review for Exemptions, because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. - A duly noticed public hearing was held before the Planning Commission on August 18, 2004 to consider the related Zone Text Amendment 04 -3 and Zone Change 04 -1. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said zone text amendment and zone change. Section 4. The record of the hearings indicates the following: (a) The current RLD District II development standards (Bridgeport) do not comport with the standards established by the City Council adoption of PP -1 -66, and the subject properties have been developed in accordance with the provisions of PP -1 -66. Bridgeport/Suburbia does not have garages on the front; they are located off alleys to the rear of the properties. The District II regulations only contemplate a front -entry or side -entry garage. All of the residences in Bridgeport/Suburbia are built with a zero lot line on one side of the property, while the District II regulations do not allow this situation to exist. ZTA 04- 3.Brideeport Standards.PC Staff Report 38 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18, 2004 (b) On July 7, 2004 the Planning Department staff conducted their third Public Information Meeting regarding the issue. At this meeting a "Final Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and. Based on the input from the neighborhood, staff determined to proceed with the required public hearings to implement the necessary changes to the Zoning Ordinance and Zoning Map to address the development standards inconsistency that exist with the current zoning Ordinance standards as applied to the Bridgeport area. (c) The "Residential Low Density 3000" zoning classification and proposed -development standards closely adhere to the standards established by Precise Plan 1 -66 and the applicable CC &Rs for each tract within the Bridgeport Area (Tracts 6345, 6346 and 9814). To ensure that future Planning Department and Building Department staff, and the future owners of properties in Bridgeport have a clear indication in the Zoning Ordinance as to the required development standards that are applicable to each tract, a separate table is incorporated into the zoning ordinance that sets forth the major development standards imposed either by Precise Plan- 1 -66 or the applicable CC &R documents. (d) The Planning Commission has determined to recommend adoption of Zone Text Amendment 04 -3, relating to the creation of both a Residential Low Density - 5000 (RLD — 5000) Zone and a Residential Low Density — 3000 (RLD — 3000) Zone to the City Council through the adoption of Planning Commission Resolution 04 -43. (e) It is necessary and appropriate to establish both a Residential Low Density - 5000 (RLD — 5000) Zone and a Residential Low Density — 3000 (RLD — 3000) Zone to clearly differentiate the substantial differences in development standards between the proposed zoning designations. The Residential Low Density — 3000 (RLD — 3000) Zone includes that portion of the city commonly known as Bridgeport, and consists of Tract 6345, Tract 6346 and Tract 9814. The Bridgeport area does not have garages on the street front; they are located off alleys to the rear of the properties. All of the residences in Bridgeport are built with a zero lot line on one side of the property (f) The remaining Residential Low Density zoned areas of the city, proposed to now be designated Residential Low Density - 5000 (RLD — 5000) comprise those areas of the city commonly known as "College Park East ", College Park West ", the "Hill ", and the "Gold Coast ". These areas do not have alleys and garages are located off of the public streets and zero lot line homes are not permitted in these areas of the City. Section 5. Based upon substantial evidence in the record of the Planning Commission hearings regarding the application, including the facts stated in § 4 of this resolution, and pursuant to §§ 28 -2600 and 28 -2602 of the City's Code, the Planning Commission hereby finds that Zone Change 04 -1 will be beneficial to the short tern and long tern land use goals of the City of Seal Beach. The Planning Commission further finds that approval of the subject applications will promote the public health, safety and welfare. Therefore, the Planning Commission finds that the requested Zone Change will be in the public interest, and makes the following findings of fact: ZTA 04- 3.Bridgeport Standards.PC Staff Report 39 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 (a) The proposed Zone Change will confonn land uses to the goals and policies of the Land Use Element for the subject areas of the City and clearly differentiate the • substantially different development standards for properties located in the subject zoning classifications of the proposed Residential Low Density - 5000 (RLD — 5000) Zone and the Residential Low Density — 3000 (RLD — 3000) Zone. (b) The proposed Zone Change will not be detrimental to the short term or long -tern goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The proposed zone change is consistent with the General Plan, and the Zoning Ordinance of the City, as amended by Zone Text Amendment 04 -3. (c) The proposed Zone Change will clearly differentiate the substantially different requirements for development of the "Bridgeport" area of the City from the remaining . low density residential areas of the .City. - Section 6. Based on the foregoing Sections 1 through 5, the Planning Commission hereby recommends that the City Council approve Zone Change 04 -1, to change the zoning designations on the Zoning Map of the City of Seal Beach as indicated below: (a) All properties within Tract 6345, Tract 6346 and Tract 9814 are hereby designated Residential Low Density —3000 (RLD — 3000). (b) All remaining properties designated as Residential Low Density (RLD) are hereby designated Residential Low Density — 5000 (RLD — 5000). Section 7. Based upon the foregoing Sections 1 through 6, the Planning Commission hereby recommends that the City Council approve Zone Change 04 -1 as set forth on Exhibit A, attached to this resolution and incorporated herein. PASSED, APPROVED AND ADOPTED by the Planning Corn nission of the City of Seal Beach at a meeting thereof held on the day of 2004, by the following vote: AYES: Commissioners NOES: Commissioners AB SENT: Commissioners ABSTAIN: Commissioners ZTA 04- 3.Bridgeport Standards.PC Staff Report 40 Zone Tart Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 Chainnan of the Planning Commission Lee Whittenberg Secretary of the Planning Commission • ZTA 04- 3.Bridgeport Standards.PC Staff Report 41 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 "EXHIBIT A" ORDINANCE NUMBER , AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 04 -1 (RESIDENTIAL LOW DENSITY 5000 (RLD - 5000) AND RESIDENTIAL LOW DENSITY 3000 (RLD - 3000) ZONING AREAS) ZTA 04- 3.Bridgeport Standards.PC Staff Report 42 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 ORDINANCE NUMBER AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE, CHANGE 04 -1 (RESIDENTIAL LOW DENSITY' 5000 (RLD -5000) AND RESIDENTIAL LOW DENSITY 3000 (RLD -3000) ZONING AREAS) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. The City is proposing the creation of Residential Low Density — 5000 (RLD — 5000) and Residential Low Density — 3000 (RLD — 3000) zoning designations to clearly differentiate the substantially different requirements for development of the "Bridgeport" area of the City from the remaining low density residential areas of the City, and has prepared Zone Text Amendment 04 -3 and Zone Change 04 -1 to accomplish this. Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and § II.B of the City's Local CEQA Guidelines, staff has detennined as follows: The application for Zone Change 04 -1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to Section 15305 — Minor alterations in land use limitations in areas with an average slope less than 20 %, which do not result in any changes in land use or density; and Section 15061(b)(3) — Review for Exemptions, because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held before the Planning Commission on August 18, 2004 to consider the proposed zone change. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said revised applications. The Planning Commission detennined to recommend approval of Zone Change 04 -1. Section 4. On , 2004, the City Council conducted a public hearing to consider Zone Change 04 -1. Section 5. Based upon the foregoing, the City Council hereby finds, inter alia: (a) The proposed Zone Change will confonn land uses to the goals and policies of the Land Use Element for the subject areas of the City and clearly differentiate the substantially different development standards for properties located in the subject zoning classifications of the proposed Residential Low Density - 5000 (RLD — 5000) Zone and the Residential Low Density — 3000 (RLD — 3000) Zone. • ZTA 04- 3.Brideeport Standards.PC Staff Report 43 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18.2004 (b) The proposed Zone Change will not be detrimental to the short term or •.` long -term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The proposed zone change is consistent with the General Plan, and the Zoning Ordinance of the City, as amended by Zone Text Amendment 04 -3. (c) The proposed Zone Change will clearly differentiate the substantially different requirements for development of-the "Bridgeport" area of the City from the remaining low density residential areas of the City. Section 6. Based on the foregoing Sections 1 through 5, the City Council hereby adopts Zone Change 04 -1 and amends the Zoning Map of the City of Seal Beach as follows: (a) All properties within Tract 6345, Tract 6346 and Tract 9814 are hereby designated Residential Low Density-3000 (RLD — 3000). (b) All remaining properties designated as Residential Low Density (RLD) are hereby designated Residential Low Density — 5000 (RLD — 5000). PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2004. Mayor Attest: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } ZTA 04- 3.Biidgeport Standards.PC Staff Report 44 • Zone Teat Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 2004, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2004 by the following vote: AYES: Councihnembers NOES: Councihnembers AB SENT: Councihnembers AB STAIN: Councihnembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk • ZTA 04- 3.Bridgeport Standards.PC Staff Report 45 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 ATTACHMENT 3 "APPROPRIATE DEVELOPMENT STANDARDS - RESIDENTIAL LOW DENSITY ZONE, PLANNING DISTRICT II (BRIDGEPORT/ SUBURBIA) ", CITY COUNCIL STAFF REPORT DATED JANUARY 12, 2004 • ZTA 04- 3.Bridgeport Standards.PC Staff Report 46 rJ AGENDA REPORT V 1 DATE: January 12, 2004 \ 1b 0P4) TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services • Quinn Barrow, City Attorney SUBJECT: Appropriate Development Standards - Residential Low Density Zone, Planning District II (Bridgeport/Suburbia) SUMMARY OF REQUEST: Adopt Ordinance No. , An Interim Ordinance of the City of Seal Beach Enacted Pursuant to California Government Code Section 65858 Prohibiting the Issuance of Building. Permits and Other Land Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the City's Review and Adoption of Permanent Zoning_ Regulations for Such Uses and Declaring. the Urgency Thereof. BACKGROUND: Current Zoning Provisions: The subject properties are located in the Residential Low Density, District II zoned area of the City. The development standards for this area are. substantially similar to the development standards for the Low Density Residential, District V zoning standards, which are applicable to the 5,000 square foot lots of the "Hill" area of the City. These standards are not in accordance with previous "Precise Plan" and "Redevelopment Plan" approvals that are discussed below. Precise Plan PP-1-66: A precise plan was approved by the Planning_ Corrunission on November 30, 1966 in conjunction with Commission approval of Zone Change. CZ -1 -66 and Tentative Tract Maps 6345 and 6346. The City Council subsequently adopted Ordinance No. 700 on January 16, 1967. This ordinance adopted CZ -1 -66 and PP -1 -66, subject to terms and conditions. Section 1 and Section 3 of Ordinance No. 700 stipulates: Agenda Item Li/ Z: \My Documents \Bridgeport Development Standards \latenm Ord.CC Staff Report.doc \ \01 -08 -04 Appropriate Development Standards - Residential Low Density Zone, Planning District II (Bridgeport /Suburbia) Ciry Council Staff Report January 12, 2004 "Section 1. All property included and described in Rezone Application No. CZ -1 -66, Precise Plan Application No. PP -1 -66, and on Map Sheet No. 1 of Precise Plan No, PP -1 -66 is hereby zoned R -1 -3000 (Single Family Residential) and C -2 (General Commercial) as shown on Map Sheet No. 1 of said Precise Plan No. PP -1 -66. Said zoning shall be subject to land use and development conditions and regulations adopted as Precise Plan No. PP -1 -66, which Precise Plan shall be considered an integral part of the zoning of said property. Section 3. All maps, plans, applications and reports stated in Section 1 and 2 above are made a part hereof and are incorporated herein with the sameforce and effect as though set forth in full herein." As indicated by the above language, the standards set forth on Precise Plan No. PP -1 -66 .. shall be considered an integral part of the zoning of said property." Precise Plan No. PP -1 -66 establishes different development standards for the subject property than those established in Section 28 -401 of the Code regarding property within the RLD, District II zone and have never been incorporated into the Zoning Ordinance. The current RLD District 11 development standards do not comport with the standards established by the City Council adoption of PP -1 -66, and the subject properties have been developed in accordance with the provisions of PP -1 -66. Bridgeport/Suburbia does not have garages on the front; they are located off alleys to the rear of the properties. All of the residences in Bridgeport/Suburbia are built with a zero lot line on one side of the property, while the District II regulations do not allow this situation to exist. Riverfront Redevelopment Plan: The Riverfront Redevelopment Plan (the "Plan") was adopted by the City Council on March 3, 1969 through the adoption of Ordinance No. 780. Section 500 of the Plan establishes permitted uses and development standards for the areas subject to the Plan. The Bridgeport/Suburbia area is located within Area 7 of the Plan, and Section 503 of the Plan indicates the following: "503 Single Family Residential Development Area 7 shown on the map shall be developed and used as for single family residential development according to the following standards. Single family parcels shall be no less than 3000 square feet per parcel. The amount of land in each parcel which may be covered by residential buildings shall not exceed 67 percent and the building height shall not exceed two (2) stories." 1 Interim Ord.CC Staff Report .4ppropriate Development Standards - Residential Low Density Zone, Planning District 11 (Bridgeport /Suburbia) Ciry Council Staff Report January 12, 2004 The current RLD District II development standards do not comport with the standards established by the City Council adoption of the Riverfront Redevelopment Plan, and the subject properties have been developed in accordance with the provisions of PP -1 -66 and the Riverfront Redevelopment Plan. The residences within Bridgeport do not comply with the RLD District II lot coverage provision of 45 %, they do comply with the Plan provision of 67% lot coverage. Section 700 of the Plan discusses actions by the City that shall be undertaken ". . . to ensure the continued fulfillment of the purposes of this Plan ", and lists several types of actions. Sub - section C states: "C. Revision of zoning within the Project Area to permit the land uses and development authorized by this Plan." Case law supports the general proposition that a redevelopment plan supersedes local zoning. Thus, unless the redevelopment plan or an amendment either adopts the City's zoning regulations or requires consistency, it would appear that the Redevelopment Plan would control. The development standards set forth within Ordinance No. 700 and 780 have never been incorporated into the Zoning Ordinance to accurately reflect the approved development standards for these two Tracts within the City. "Architectural Committee" Status and CC &R Standards: Further, Tracts No. 6345 and 6346 are subject to recorded CC &R's regulating uses of property and setting forth additional development standards that are inconsistent with the provisions of the Residential Low Density, District II Zoning standards, and are also inconsistent with the provisions of Ordinance No. 700 and Ordinance No. 780. Between 1968 and 1998 the CC &R's provided for an "Architectural Committee" to review and approve development plans within these tracts, and that committee is not longer legally constituted. This lack of architectural review to insure compliance with the terms of the recorded CC &R's has caused confusion between the property owners of parcels within these tracts and the City, creating confusion and uncertainty as what development standards the City will enforce when reviewing requests for development in Tract No. 6345 and Tract No. 6346. Overview of Inconsistent Development Standards: • As a result of the above discussed different development standards and review procedures that are applicable to Tract No. 6345 and Tract No. 6346, the uncertainty and confusion as to the appropriate level of City review of development projects, and the uncertainty as to the application of which set of adopted development standards that are applicable to these tracts has become exacerbated. The Planning Commission, this City Council, and the people of Seal . Beach require a reasonable, limited, yet sufficient period of time to consider and study legally appropriate and reasonable policies regulating residential buildings and uses located within 3 Appropriate Development Standards - Residential Low Density Zone, Planning District II (Bridgeport /Suburbia) City Council Staff Report i s • January 12, 2004 Tract No. 6345 and Tract No. 6346. Given the time required to undertake the study and planning necessitated by the proliferation of applications, the City Council finds that it is necessary that this interim ordinance be adopted, to ensure that improvements to buildings and uses that may be in conflict with the contemplated new development policies are not permitted in the interior. The City Council has the authority to adopt an interim ordinance pursuant to the City Charter and Goverment Code Section 65858 in order to protect the public health, safety, or welfare. FISCAL IMPACT: None. The re- allocation of existing staff projects will be required to prepare the necessary studies and prepare the necessary public hearing documents for Planning Commission and City Council considerations. RECOMMENDATION: Adopt Ordinance No. • , An Interim Ordinance of the City of Seal Beach Enacted Pursuant to California Goverrunent Code Section 65858 Prohibiting the Issuance of Building Permits and Other Land Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the City's Review and Adoption of Permanent Zoning Regulations for Such Uses and Declaring the Urgency Thereof r NOTED NDAPPROV f (n/L4/ /// //'/ /7//?; • P ,Lee Whittenberg John B. P Fihor Director of Development Servic ,City Manager t P Attachment: Ordinance No. , An Interim Ordinance of the City of Seal Beach Enacted Pursuant to California Government Code Section 65858 Prohibiting the Issuance of Building Pen and Other Land Use Entitlements for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the City's Review and Adoption of Permanent Zoning Regulations for Such Uses and Declaring the Urgency Thereof A Interim Ord CC Staff Report Appropriate Development Standards - Residential Low Density Zone, Planning District II (Bridgeport /Suburbia) City Council Staff Report January 12, 2004 ORDINANCE NO. AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 6 858 PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS FOR ANY ADDITIONS TO DWELLING UNITS IN THE BRIDGEPORT AREA DURING THE PENDENCY OF THE CITY'S REVIEW AND ADOPTION OF PERMANENT ZONING REGULATIONS FOR SUCH USES AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: V C i:R " SECTION 1. Moratorium established. The City of Seal Beach hereby establishes a moratorium prohibiting the increase, enlargement, expansion of, or addition to dwelling units on the following real property within the City: (1) Lots 1 -41 and Lots 43 -66 inclusive of Tract 6345 as shown on a map recorded in Book 243, pages 27, 28, and 29 of miscellaneous maps, records of Orange County, California; and (2) Lots 1 -76 inclusive of Tract 6346 as shown on a map recorded in Book 251, pages 8, 9, and 10 of miscellaneous maps, records of Orange County, California. This real property is collectively referred to herein as the `Bridgeport Area." For purposes of this Ordinance, the terms "addition" and "dwelling unit" have the meanings set forth in the Uniform Building Code. SECTION 2. Moratorium defined. Notwithstanding any other ordinance or provision of the Code of the City of Seal Beach, except as permitted by Section 4 below, no application for a building. permit, conditional use permit, or any other entitlement for an increase, enlargement or expansion of, or addition to dwelling units in the Bridgeport Area shall be approved during the 'tern of the moratorium established in Section 1 above. SECTION 3. Moratorium tern. This Ordinance shall expire, and the moratorium established hereby shall terminate, forty -five (45) days after the date of adoption unless extended by the City Council, at a regularly noticed public hearing, - pursuant to California Goverrunent Code Section 65858. _ In«„m frri CC Staff Reaort Appropriate Development Standards - Residential Low Density Zone, �. Planning District 11(Bridgeport /Suburbia) City Council Staff Report January 12, 2004 SECTION 4. Hardship Exemption. An application for a building pennit, conditional use pennit, or any other entitlement for an increase, enlargement or expansion of, or addition to dwelling units in the Bridgeport Area may be approved during the term of the moratorium established in Section 1 above if the applicant has obtained a hardship exemption from the City Council. Hardship exemption applications shall be filed in writing with the Director of Development Services and shall contain all documentation relied upon to support the hardship claim. A hardship exemption application must be filed no later than 10 days in advance of a regular meeting of the City Council in order to ;I be considered at such meeting; otherwise the application shall be considered at the following regular meeting. The City Council shall grant a hardship exemption upon making a finding that denial of the exemption and enforcement of the moratorium against the applicant's property would result in the applicant being deprived of all economically viable use of the property. et,51 SECTION 5. CEQA Finding.. a Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance, and establishment of a moratorium hereby, may have a significant effect on the environment, because the moratorium will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. SECTION 6. Penalty. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. SECTION 7. Legislative Findings. The City Council finds that Seal Beach residents and property owners are likely_ to submit applications for an increase, enlargement or expansion, or addition to dwelling units in the Bridgeport Area in the near future. City staff already has reviewed plans for a single -story addition to a residence in the Bridgeport Area. That project has been reviewed by the Building Department as part of the plan check process, although a building pennit has not yet been applied for or issued for the project. The Bridgeport Area is unique in that it is subject to multiple, conflicting development regulations. Parcels comprising the Bridgeport Area are in District II of the City and are zoned Residential Low Density. These properties are subject to Precise Plan PP -1 -66, which was established by the City Council in 1967. The properties also are subject to the Riverfront Redevelopment Plan, which was adopted by the City Council in 1969. The development regulations of the zoning ordinance, Precise Plan PP- _ 6 Interim Ord.CC Staff Report .4ppr Development Standards - Residential Low Density Zone, Planning District 11 (Bridgeport/Suburbia) City Council Staff Report Janunnv 12. 2004 1 -66 and the Riverfront Redevelopment Plan conflict in substantive aspects such as . permitted lot coverage, minimum lot size, setbacks and garage location. The City intends to study, within a reasonable tune, the adequacy of its existing ordinances regulating development in the Bridgeport Area. The Planning Commission, the City Council and the people of Seal Beach require a reasonable, limited, yet sufficient period of time to consider and study legally appropriate and reasonable policies regulating residential buildings and uses on the Bridgeport Area properties in order to resolve the conflicting regulatory scheme that currently exists. Given the time required to undertake the study and planning this situation calls for, the City Council finds that it is necessary that this temporary moratorium be declared to ensure that improvements to buildings and uses that may be in conflict with the contemplated new development policies are not permitted in the interim. The City Council has the authority to- adopt an interim ordinance pursuant to the City Charter and Government Code Section 65858 in order to protect the public health, safety, or welfare. that thy• current and immediate threat to Accordingly, the City Council finds tha the public health, safety and welfare presented by the increase, enlargement or expansion of, or addition to dwelling units in the Bridgeport Area. In the absence of immediate effectiveness, the approval of building permits, conditional use permits or any other applicable entitlements for the increase, enlargement or expansion of or addition to dwelling units in the Bridgeport Area will result in that threat to the public welfare. Due to the foregoing circumstances, it is necessary for the preservation of the public health, safety and welfare that this Ordinance take effect immediately. This Ordinance is an urgency ordinance for the immediate preservation of the public peace, health and safety and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day 'of , 2004. MAYOR ATTEST: CITY CLERK i Interim Ord.CC Staff Report Appropriate Development Standards - Residential Low Density Zone, Planning District 11 (Bridgeport/Suburbia) City Council Staff Report Januanv 12, 2004 STATE OF CALIFORNIA } �' COUNTY OF ORANGE ) SS CITY OF SEAL BEACH } I. Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach, pursuant to the City Charter and Government Code Section 65858, at a meeting held on the day of by the following vote: AYES: Councilmembers NOES: Councilmembers S; ABSENT: Councilmembers ABSTAIN: Councilmembers • And do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk • • • 8 Intenin Ord.CC Staff; Report Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 ATTACHMENT 4 • ORDINANCE NO. 1514, AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS FOR ANY ADDITIONS TO DWELLING UNITS IN THE BRIDGEPORT AREA DURING THE PENDENCY OF THE CITY'S REVIEW AND ADOPTION OF PERMANENT ZONING REGULATIONS FOR SUCH USES AND DECLARING THE URGENCY THEREOF ZTA 04- 3.Bridgeport Standards.PC Staff Report 47 • ORDINANCE N0. AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS FOR ANY ADDITIONS TO DWELLING UNITS IN THE BRIDGEPORT AREA DURING THE PENDENCY OF THE CITY'S REVIEW AND ADOPTION OF PERMANENT ZONING REGULATIONS FOR SUCH USES AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION 1. Moratorium established. The City of Seal Beach hereby establishes a moratorium prohibiting the increase, enlargement, expansion of, or addition to dwelling units on the following real property within the City: (1) Lots 1 -41 and Lots 43 -66 inclusive of Tract 6345 as shown on a map recorded in Book 243, pages 27, 28, and 29 of miscellaneous maps, records of Orange County, California; and (2) Lots 1 -76 inclusive of Tract 6346 as shown on a map recorded in Book 251, pages 8, 9, and 10 of miscellaneous -maps, records of Orange County, California: This real, property is collectively referred to herein as the `Bridgeport Area." For purposes of this Ordinance, the terms "addition" and "dwelling unit" have the meanings set forth in the Uniform Building Code. SECTION 2. Moratorium defined. Notwithstanding any other ordinance or provision of the Code of the City of Seal Beach, except as permitted by Section 4 below, no application for a building permit, conditional use pen or any other entitlement for an increase, enlargement or expansion of, or addition to dwelling units in the Bridgeport Area shall be approved during the term of the moratorium established in Section 1 above. SECTION 3. Moratorium ten This Ordinance shall expire, and the moratorium established hereby shall terminate, forty -five (45) days after the date of adoption unless extended by the City Council, at a regularly noticed public hearing, pursuant to California Government Code Section 65858. • Z•Wly Documents \ORD \Bridgeport Standards Interim Ord doc \LW \U1 -13 -04 Interim Ordinance No. 1514 Appropriate Development Standards - Residential Low Densirn Zone, Planning District 11 (Bridgeport/Suburbia) Januan 12, 2004 SECTION 4. Hardship Exemption. An application for a building permit, conditional use permit, or any other entitlement for an increase, enlargement or expansion • of, or addition to dwelling units in the Bridgeport Area may be approved during the tern of the moratorium established in Section 1 above if the applicant has obtained a hardship exemption from the City Council. Hardship exemption applications shall be filed in writing with the Director of Development Services and shall contain all documentation relied upon to support the hardship claim. A hardship exemption application must be filed no later than 10 days in advance of a regular meeting of the City Council in order to be considered at such meeting.; otherwise the application shall be considered at the following regular meeting. The City Council shall grant a hardship exemption upon making a finding that denial of the exemption and enforcement of the moratorium against the applicant's property would result in the applicant being deprived of all economically viable use of the property. SECTION 5. CEQA Finding,. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance, and establishment of a moratorium hereby, may have a significant effect on the enviromnent, because the moratorium will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse enviromnental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations. SECTION 6. Penalty. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. - SECTION 7. Legislative Findings. The City Council finds that Seal Beach residents and property owners are likely to submit applications for an increase, enlargement or expansion, or addition to dwelling units in the Bridgeport Area in the near future. City staff already has reviewed plans for a single -story addition to a residence in the Bridgeport Area. That project has been reviewed by the Building Department as part of the plan check process, although a building pen has not yet been applied for or issued for the project. The Bridgeport Area is unique in that it is subject to multiple, conflicting development regulations. Parcels comprising the Bridgeport Area are in District II of the City and are zoned Residential Low Density. These properties are subject to Precise Plan PP -1 -66, which was established by the City Council in 1967. The properties also are subject to the Riverfront Redevelopment Plan, which was adopted by the City Council in 1969. The development regulations of the zoning ordinance. Precise Plan PP- End_epoit Standards.Intenm Ord Interim Ordinance No. 1514 Appropriate Development Standards - Residential Low Density Zone, Planning District 11 (Bridgeport /Suburbia) January 12, 2004 1 -66 and the Riverfront Redevelopment Plan conflict in substantive aspects such as permitted lot coverage, minimum lot size, setbacks and garage location. The City intends to study, within a reasonable time, the adequacy of its existing ordinances regulating development in the Bridgeport Area. The Planning Commission, the City Council and the people of Seal Beach require a reasonable, limited, yet sufficient period of time to consider and study legally appropriate and reasonable policies regulating residential buildings and uses on the Bridgeport Area properties in order to resolve the conflicting regulatory scheme that currently exists. Given the time required to undertake the study and planning this situation calls for, the City Council finds that it is necessary that this temporary moratorium be declared to ensure that improvements to buildings and uses that may be in conflict with the contemplated new development policies are not pennitted in the interim. The City Council has the authority to adopt an interim ordinance pursuant to the City Charter and Government Code Section 65858 in order to protect the public health, safety, or welfare. Accordingly, the City Council finds that there is a current and immediate threat to the public health, safety and welfare presented by the increase, enlargement or expansion of, or addition to dwelling units in the Bridgeport Area. In the absence of immediate effectiveness, the approval of building permits, conditional use permits or any other applicable entitlements for the increase, enlargement or expansion of or addition to dwelling units in the Bridgeport Area will result in that threat to the public welfare. Due to the foregoing circumstances, it is necessary for the preservation of the public health, safety and welfare that this Ordinance take effect immediately. This Ordinance is an urgency ordinance for the iirunediate preservation of the public peace, health and safety and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption. PASSED APPROVED AND ADOPTED by the City Council of the City of Seal Beach a # a meeting thereof held on the /,.2 — day of • fa, - • pal,! ; 2004. 1 . 6 MAYOR ,ATTEST: CITY ERK - %� • Lam' Bndgepon Standards.intenm Ord Interim Ordinance No. 1514 Appropriate Development Standards - Residential Low Density Zone, Planning District 11 (Bridgeport /Suburbia) January 12, 2004 STATE OF CALIFORNIA } • - COUNTY OF ORANGE ; SS • CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number /�4 on file in the office of the City Clerk, passed, approved and adopted bythty Council of the City of Seal Beach, pursuant to the Cit Carter and Govermne(nt Code Section 65858, at a meeting held on the 1/42 = day of___L4e2 ,X004 by the following_ vote: • AYES: Councihnember � r y .,l . . _ ' ��� _ _ MICA- NOES: Councilmembersj { ABSENT: Councihnembers - � I ABSTAIN: CouncilmemberZ,(), d And do hereby further certify that Ordinance Number /4 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. C -, Clerk 4 Bridgeport Standards Intenm Ord Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - - Bridgeport Development Standards Planning Commission Staff Report August 18, 2004 ATTACHMENT 5 MARCH 17, 2004 PUBLIC INFORMATION MEETING INFORMATION PACKET ZTA 04- 3.Brideeport Standards.PC Staff Report 48 G r. ) FILE COPY • _ : � , • City of Seal Beach, 211 8 Street ® `ek - §g2 HE H:: HH Seal Beach, CA 90740 562 -431 -2527 March 9, 2004 NOTICE OF PUBLIC INFORMATION MEETING NOTICE IS HEREBY GIVEN that the Planning Department of the City of Seal Beach will hold a public information meeting on Wednesday, March 17, 2004, at 7:30 p.m. in the City Council Chambers, 211 Eighth Street, Seal Beach, California, to present information and receive public input regarding the following project proposal: ZONING and REDEVELOPMENT PLAN REVISIONS: - DEVELOPMENT STANDARDS FOR BRIDGEPORT Proposal: To revise the Zoning Ordinance and Redevelopment Plan to achieve internal consistency between the two documents and consider incorporation of various standards imposed by various "Precise Plan" ( "PP ") approvals granted by the City in the 1960's. All of the properties within the `Bridgeport Area" are located in the Residential Low Density (RLD), District II zoning area of eh City. PLEASE NOTE: It is the intent of this review of development standards to develop uniform development standards for the "Bridgeport" area that are reflective of the current development pattern within this area of the City. It is not the intent of this review to impose standards that will drastically change the current development pattern of Bridgeport. In addition, the Redevelopment Plan currently specifies a lot coverage requirement that is inconsistent with the Zoning Ordinance provisions and previous Specific Plan approvals. Other than clarifying this inconsistency, no other changes are contemplated to the Redevelopment Plan. The current RLD District II development standards do not comport with the standards established by the City Council adoption of the Riverfront Redevelopment Plan, and the subject properties have been developed in accordance with the provisions of PP -1 -66 and the Riverfront Redevelopment Plan. As a result of the different development standards and review procedures that are applicable to Tract No. 6345, Tract No. 6346, and potentially Tract No. 9814, the uncertainty and confusion as to the appropriate level of City review of development projects, and the uncertainty as to the application of which set of • adopted development standards that are applicable to these tracts has become exacerbated. The nature of the issues involved with this concern would require that any amendments to current development standards regarding the appropriate development standards for the Residential Low Density Zone, Planning District II 1 Notice of Public Information Meeting "Bridgeport " Area Zoning and Redevelopment Plan Amendments March 9, 2004 (Bridgeport/Suburbia) be considered through the public hearing process to amend at a minimum the provisions of the Zoning Ordinance and Redevelopment Plan to provide consistency between the two documents. In addition, an environmental evaluation will need to be conducted The City Council has authorized the Planning Department to initiate a process to revise the Zoning Ordinance and Redevelopment Plan to achieve internal consistency between the two documents and consider incorporation of various standards imposed by various "Precise Plan" approvals granted by the City in the 1960's. Several alternative methods of accomplishing the proposed modification to allowable land uses will be presented at the public information meeting. Comments, suggestions, and other alternatives will be sought from the public in attendance. Based on the comments and suggestions received from the public, the Planning Department will fornialize a draft proposal for presentation at a subsequent public information meeting. Alternative methods of accomplishing the desired change in development standards, and the implications of those alternatives on existing development within the impacted area will be presented. The intent of the City is to achieve a general consensus agreement as to the recommended course of action prior to the formal public hearing process before the Planning Commission and City Council on the necessary Zone Ordinance Text Amendment and Redevelopment Plan Amendment. Members of the public are encouraged to attend the public information meeting and provide your thoughts and suggestions to the Planning Department Staff. Please contact my office at your earliest convenience if you require additional information or have questions regarding the public information meeting. I can be reached at (562) 431 -2527, extension 313, or by e -mail at lwhittenberg @ci.seal- beach.ca.us. Sincerely, 1 Xj '0 - -7 ' / .4" 2 '' 6 - : Whittenberg erector of Development Services 2 WO 1 C �I l ; City of Seal Beach, 211 8 Street ® 113E5-EL Seal Beach, CA 90740 gggnnn, 562- 431 -2527 AGENDA PUBLIC INFORMATION MEETING March 17, 2004 ZONING ORDINANCE AND REDEVELOPMENT PLAN REVISIONS BRIDGEPORT AREA DEVELOPMENT STANDARDS Wednesday, March 17, 2004 - 7:30 PM MEETING PLACE: COUNCIL CHAMBERS 211 8 Street Seal Beach, CA 90740 I. WELCOME AND INTRODUCTION OF STAFF II. OVERVIEW OF ISSUES FOR DISCUSSON ❑ RESIDENTIAL LOW DENSITY, DISTRICT II ZONING STANDARDS. ❑ PRECISE PLAN 1 -66. ❑ RIVERFRONT REDEVELOPMENT PLAN. ❑ CC &R ARCHITECTURAL COMMITTEE STATUS. ❑ INCONSISTENT STANDARDS - MORATORIUM OF ADDITIONS ❑ GENERAL ARCHITECTURAL PROVISIONS OF CC &R'S. ❑ ANTICIPATED PROCESS FOR RESOLUTION OF ISSUES. III. PUBLIC COMMENTS ON ISSUES FOR DISCUSSION IV. STAFF SUMMARY AND NECESSITY FOR ADDITIONAL MEETINGS V. ADJOURN * * * * PUBLIC INFORMATION MEETING March 17, 2004 ZONING ORDINANCE AND REDEVELOPMENT PLAN REVISIONS BRIDGEPORT AREA DEVELOPMENT STANDARDS ISSUES FOR DISCUSSION RESIDENTIAL LOW DENSITY, DISTRICT II ZONING STANDARDS: These tracts within the City are located within the Residential Low Density Zone, District II area of the City, as set forth in the adopted Zoning Map of the City. The Residential Low Density, District 11 Zoning Ordinance regulations set forth specific development standards for properties in such zoning classification. PRECISE PLAN 1 -66: ❑ A precise plan was approved by the Planning Commission on November 30, 1966 in conjunction with Commission approval of Zone Change CZ -1- 66 and Tentative Tract Maps 6345 and 6346. The City Council subsequently adopted Ordinance No. 700 on January 16, 1967. This ordinance adopted CZ -1 -66 and PP -1 -66, subject to terms and conditions. ❑ Section 1 and Section 3 of Ordinance No. 700 stipulates: "Section 1. All property included and described in Rezone Application No. CZ -1 -66, Precise Plan Application No. PP -1 -66, and on Map Sheet No. 1 of Precise Plan No, PP -1 -66 is hereby zoned R -1 -3000 (Single Family Residential) and C -2 (General Commercial) as shown on Map Sheet No. 1 of said Precise Plan No. PP -1 -66. Said zoning shall be subject to land use and development conditions and regulations adopted as Precise Plan No. PP -1 -66, which Precise Plan shall be considered an integral part of the zoning of said property. Section 3. All maps, plans, applications and reports stated in Section 1 and 2 above are made a part hereof and are incorporated herein with the same force and effect as though set forth in full herein." Z: \tvty Documents \Bridgeport Development Standards \Public Workshop Discussion Items.doc \LW\03 -11 -04 BRIDGEPORT DEVELOPMENT STANDARDS WORKSHOP I' WORKSHOP DISCUSSION ITEMS r MARCH 17, 2004 ❑ As indicated by the above language, the standards set forth on Precise :l Plan No. PP -1 -66 ". . . shall be considered an integral part of the zoning of said property." Precise Plan No. PP -1 -66 establishes different development standards for the subject property than those established in Section 28 -401 of the Code regarding property within the RLD, District 11 zone and have never been incorporated into the Zoning Ordinance. • ❑ The current RLD District 11 development standards do not comport with the standards established by the City Council adoption of PP -1 -66, and the subject properties have been developed in accordance with the provisions of PP -1 -66. Bridgeport does not have garages on the front; they are located off alleys to the rear of the properties. All of the residences in Bridgeport are but with a zero lot line on one side of the property, while the District 11 regulations do not allow this situation to exist. R/VERFRONT REDEVELOPMENT PLAN: ❑ The Riverfront Redevelopment Plan (the "Plan ") was adopted by the City Council on March 3, 1969 through the adoption of Ordinance No. 780. Section 500 of the Plan establishes permitted uses and development • standards for the areas subject to the Plan. The Bridgeport area is located within Area 7 of the Plan, and Section 503 of the Plan indicates the following: "503 Single Family Residential Development Area 7 shown on the map shall be developed and used as for single family residential development according to the following standards. Single family parcels shall be no less than 3000 square feet per parcel. The amount of land in each parcel which may be covered by residential buildings shall not exceed 67 percent and the building height shall not exceed two (2) stories." ❑ The current RLD District 11 development standards do not comport with the standards established by the City Council adoption of the Riverfront Redevelopment Plan, and the subject properties have been developed in accordance with the provisions of PP -1 -66 and the Riverfront Redevelopment Plan. The residences within Bridgeport do not comply with the RLD District 11 lot coverage provision of 45 %; they do comply with the Redevelopment Plan provision of 67% lot coverage. Public Workshop Discussion Items 2 BRIDGEPORT DEVELOPMENT STANDARDS WORKSHOP WORKSHOP DISCUSSION ITEMS MARCH 17, 2004 ❑ Section 700 of the Plan discusses actions by the City that shall be undertaken ". . . to ensure the continued fulfillment of the purposes of this Plan ", and lists several types of actions. Sub - section C states: "C. Revision of zoning within the Project Area to permit the land uses and development authorized by this Plan." ❑ The development standards set forth within Ordinance No. 700 and 780 have never been incorporated into the Zoning Ordinance to accurately reflect the approved development standards for these two Tracts within the City. CC &R ARCHITECTURALCOMMITTEE STATUS: ❑ Tracts No. 6345 and 6346 are subject to recorded CC&R's regulating uses of property and setting forth additional development standards that are inconsistent with the provisions of the Residential Low Density, District II Zoning standards, and are also inconsistent with the provisions of Ordinance No. 700 and Ordinance No. 780. ❑ Between 1968 and 1998 the CC &R's provided for an "Architectural Committee" to review and approve development plans within these tracts, and that committee is no longer legally constituted for Tract 6345; Tract 6346 has recently re- established its architectural committee. ❑ This lack of architectural review to insure compliance with the terms of the recorded CC &R's has caused confusion between the property owners of parcels within these tracts and the City, creating confusion and uncertainty as what development standards the City will enforce when reviewing requests for development in Tract No. 6345 and Tract No. 6346. ❑ The architectural review committee for Tract 9814 still is functioning and will do so until January 1, 2008, unless it is re- established in accordance with the provisions of that tracts CC &R's. INCONSISTENT STANDARDS — MORATORIUM OF ADDITIONS: ❑ As a result of the above discussed different development standards and review procedures that are applicable to Tract No. 6345, 6346 and 9814, the uncertainty and confusion as to the appropriate level of City review of development projects, and the application which set of adopted development standards that are applicable to these tracts has become exacerbated. ❑ The Planning Commission, City Council, and the people of Seal Beach require a reasonable, limited, yet sufficient period of time to consider and Public Workshop Discussion Items 3 BRIDGEPORT DEVELOPMENT STANDARDS WORKSHOP WORKSHOP DISCUSSION ITEMS I: MARCH 17, 2004 study legally appropriate and reasonable policies regulating residential buildings and uses located within Tract No. 6345 and Tract No. 6346. ❑ Given the time required to undertake the study and planning necessitated by the proliferation of applications, the City Council has determined that it is necessary that an interim ordinance be adopted, to ensure that improvements to buildings and uses that may be in conflict with the contemplated new development policies are not permitted in the interim. The City Council has the authority to adopt an interim ordinance pursuant to the City Charter and Government Code Section 65858 in order to protect the public health, safety, or welfare. ❑ The current interim ordinance is in effect until January 7, 2005. • I ❑ The nature of the issues involved with this concern would require that any amendments to current development standards regarding the "Bridgeport Area" be considered through the public hearing process to amend both the "Zoning Ordinance" and the "Redevelopment Plan" provisions to adopt consist standards for this residential area of the community. In addition, an environmental evaluation will need to be conducted. GENERAL ARCHITECTURAL PROVISIONS OF CC &R'S ❑ The CC &R's for Tracts 6345, 6346 and 9814 generally have different development standards from the RLD, District II Zoning Standards in the following areas: ❑ Height restrictions for walls on common property lines. ❑ Limit on the number of two -story homes in each tract. ❑ Different front yard setback requirements for first and second story living areas. ❑ Access easement provisions for maintenance purposes on all Tots. ❑ Requirement for a 2 -car garage and additional vehicle storage space for Tract 9814. ❑ Requirement for a 240 square foot patio, with no more than 50% covered for Tract 9814. ANTICIPATED PROCESS FOR RESOLUTION OF ISSUES: ❑ Meet with affected property owners to explain different standards now in place and receive input as to desired solutions (March 17, 2004 Public Information Meeting). ❑ Schedule a second Public Information Meeting in mid -April to present suggested Zoning Ordinance revisions based on public input from March 17, 2004 meeting. Based on final public input, prepare documentation and proposed final Zone Text Amendment language. Public Workshop Discussion Items 4 BRIDGEPORT DEVELOPMENT STANDARDS WORKSHOP WORKSHOP DISCUSSION ITEMS MARCH 17, 2004 ❑ Prepare appropriate environmental review documentation and proposed final Zone Text Amendment language. Conduct necessary public comment time period on environmental review document; 30 -day public review time period is anticipated. . ❑ Anticipated public comment period from June1 to July 1, 2004. ❑ Schedule Public Hearing before Planning Commission on appropriate environmental review documentation and proposed final Zone Text Amendment language. ❑ Anticipated Planning Commission Public Hearing on July 21 or August 4, 2004 ❑ At conclusion of Public Hearing the Planning Commission will recommend approval of specific Zone Text Amendment language for consideration by the City Council. ❑ Schedule Public Hearing before City Council on appropriate environmental review documentation and proposed final Zone Text Amendment language. ❑ Anticipated City Council Public Hearing on September 13 or September 27, 2004 ❑ At conclusion of Public Hearing the City Council will adopt an ordinance specifying the specific Zone Text Amendment language. ❑ Adoption of an ordinance requires two "readings" by the City Council. The first reading, or "introduction" is usually conducted at the time of the closing of the public hearing on the Zone Text Amendment, with second reading, or "adoption ", occurring at the following City Council meeting. ❑ After second reading, the ordinance is not effective for 30 days. Anticipated effective date is between mid - November and mid - December 2004. Public Workshop Discussion Items 5 u § \ % % CO 2k 77 § 2 2 1-(0 0 �§ /bEi §{ « mololz® ®ten IX =E /=/ ' e « U) . z o co e & a 2 / ooc m c>2z z 0 w _ 0 -12r1 2w /a§\ °1 ® eew <�e re « § ƒ$ ) \ E§ I ca e �� u_ 0 0 © 1... & 0 6 / §§ / }§ 0 1- S§±ajoo $ /Ecuo wwW�0 CC zz= e e =_ u_ W 0 < w 1- D 2 E Z 5 Q w -I ce W > i- D3 0 w it W < IL CC 5 Z m e < \ \ \ \ u i E • W a. 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'' ..ria eIV ` I I,4 2;4-::'-'•,:-.1;',. ,5 n - ". r r Th.,,,„.': a,+ %;.� =?=ri•' r • 1 � � � n ) � : _ iv ' - Y .5.11-1:-;.: ' E m i r}� . � t 3 � � t y - & Y s T t r a F- •: a r m , , • �r Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission StaffReport August 18.2004 ATTACHMENT 6 APRIL 12, 2004 PUBLIC INFORMATION MEETING INFORMATION PACKET ZTA 04- 3.Bridgeport Standards.PC Staff Report 49 _ tee , City of Seal Beach, 211 8th Street ® ® ®� ®�:_ Seal Beach CA 90740 ® ® ®� 562- 431 -2527 April 5, 2004 NOTICE OF PUBLIC INFORMATION MEETING NOTICE IS HEREBY GIVEN that the Planning Department of the City of Seal Beach will hold a public information meeting on Monday, April 12, 2004, at 7:00 p.m. in the City Council Chambers, 211 Eighth Street, Seal Beach, California, to present information and receive public input regarding the following project proposal: ZONING and REDEVELOPMENT PLAN REVISIONS: DEVELOPMENT STANDARDS FOR BRIDGEPORT - PROPOSED RESIDENTIAL LOW DENSITY -3000 STANDARDS Proposal: To review proposed Zoning Ordinance revisions to achieve internal consistency between the Zoning Ordinance and the Redevelopment flan and to incorporate various standards imposed by various "Precise Plan" ( "PP ") approvals granted by the City in the 1960's. All of the properties within the "Bridgeport Area" are located in the Residential Low Density (RLD), District II zoning area of the City. Staff is proposing the creation of a RESIDENTIAL LOW DENSITY - 3000 ZONE that will set forth specific development standards for the Bridgeport Area that are consistent with the previous "Precise Plan" approvals and the provisions of the CC &R's for the three tracts that make up the Bridgeport Area. A copy of the "Preliminary Draft" standards are attached for your information and review prior to the April 12 public information meeting. PLEASE NOTE: It is the intent of the proposed development standards to develop uniform development standards for the "Bridgeport" area that are reflective of the current development pattern within this area of the City. It is not the intent of this review to impose standards that will drastically change the current development pattern of Bridgeport. The nature of the issues involved with the proposed zoning revisions would require that any amendments to current development standards be considered through the public hearing process to amend at a minimum the provisions of the Zoning Ordinance. In addition, an environmental evaluation will need to be conducted The City Council has authorized the Planning Department to initiate a process to revise the Zoning Ordinance and Redevelopment Plan to achieve internal consistency between the two documents and consider incorporation of various standards imposed by various "Precise Plan" approvals granted by the City in the Notice of Public Information Meeting "Bridgeport " Area Zoning and Redevelopment Plan Amendments April 5, 2004 1960's. The intent of the City is to achieve a general consensus agreement as to the recommended course of action prior to the formal public hearing process before the Planning Commission and City Council on the necessary Zone Ordinance Text Amendment and Redevelopment Plan Amendment. Members of the public are encouraged to attend the public information meeting and provide your thoughts and suggestions to the Planning Department Staff regarding the proposed "Residential Low Density — 3000" development standards. Please contact my office at your earliest convenience if you require additional information or have questions regarding the public information meeting. I can be reached at (562) 431 -2527, extension 313, or by e -mail at lwhittenberg @ci.seal- beach.ca.us. Sincerely, ee Whittenberg Director of Development Services Attachment: Proposed RLD- 3000 Zoning Standards - (Bridgeport Area) — April 5, 2004 Preliminary Draft 2 PROPOSED RLD- 3000 ZONING STANDARDS (BRIDGEPORT AREA) APRIL 5, 2004 PRELIMINARY DRAFT Article 4.5 Residential I nw Density 7nne — 3000 • (RLD -3000 7nne) • ~ :x Sectinn 28 -450 • '4, A. Permitted Uses. V �` : • (1) One dwelling unit on each lot of record; : ;A`'`', • (2) . Accessory buildings or structures including, private:" gai to accommodate not more than three automobiles; (3) Flower and vegetable gardening; ? (4) Animals and fowl as provided in Chapter;3,,of this code; (5) Home occupations; (6) Twenty -four hour foster care ; hom e s; ; r� (7) Small family day care;homes ;.caring for up to six children; -- •�; 1 , (8) Mobile homes in a m obile home park established by the issuance of an unclassified use. permit; (9) Swimming pool used solely by persons residing on the site and their guests. \.••• (a) , Pool setbacks: -(i) f• Side property line - 4 ft. (ii) " Rear property line - 4 ft. (b) Mechanical pool equipment: (1) Setback one (1) foot from property line and ten (10) feet • f from neighboring residence, or eight (8) feet from •t" ` �. ; neighboring residence with sound attenuation approved •` by City staff.. •. (ii) Heater vent not to extend more than 6 inches_above the nearest wall or fence. (10) Second Dwelling Units, pursuant to the requirements of Section 28- 407. (11) The following uses subject to the issuance of a Conditional Use Permit: Z: \My Documents \Bridgeport Development Standards \Draft RLD -3000 Zoning Standards.dociLw\04 -05 -04 PROPOSED RLD- 3000 ZOINING STANDARDS (BRIDGEPORT AREA) APRIL 5, 2004 PRELIMINARY DRAFT (a) Garages with more than three parking spaces; (b) Public utility buildings; (c) Private churches, museums, libraries, schools and colleges;-.' . (d) Large family day care homes, caring for seven (7) to twelve(12) `,:. children subject to the following regulations: ,;,,,�° (i) Seventy -five (75) square feet of outdoor play area, and - thirty -five (35) square feet of indoor play area'shall:,.be provided per child. The outdoor play area's - be contiguous usable area, enclosed by._a six foot. - high masonry wall. Any gate entry shall be "•securely : fastened and self- closing. (ii) Large family • day care homes shall be operated in a manner not exceeding the noise levels of City of Seal Beach Noise Ordinance, nor, shall such"-day care homes be operated in a manner. that constitutes a noise nuisance to neighboring.propeities. (iii) A permit shall not be g'ranfedfor,a large family day care home that would be :,established .within a 300 foot radius of any existing large family day care home, and within 500 fee of an existing licensed large family day care home_on the'street for which the home is proposed. (iv) All large fancily . dayf care homes shall comply with all regulations adopted and enforced by the State Fire Marshall and the Orange County Fire Department. (v) The applicant shall submit a copy of the Orange County JSocial Services. License prior to the operation of the day care f ac il ity. t,:. (yr) The.. shall obtain a City business license prior to the'operation of the day care facility. • ,(vii) ), In addition to the two required covered parking spaces, one on -site parking space shall be provided for each employee other than the operator, and one drop-off-pick- ..° 3 up space shall be provided on -site or immediately _ adjacent to the subject property. 1 j N. I )SP.S (Single- family dwellings). r f` �` (1) Exterior stairways providing access from the ground level and /or the first floor to the second floor or above, when such stairways are not specifically required by the Uniform Building Code. Excepting such stairways may be permitted through the building permit process on properties with a second story kitchen existing as of the effective date of this Ordinance. In such a case, a covenant shall be recorded on the Draft RLD -3000 Zoning Standards 2 PROPOSED RLD- 3000 ZOINING STANDARDS • (BRIDGEPORT AREA) APRIL 5, 2004 PRELIMINARY DRAFT title of the property stipulating the property is to be used only as a single - family dwelling. However, exterior stairways may be permitted on single - family dwellings located within identified flood zones upon approval consent calendar lan review by the Planning Commission. p Y 9 .���.. •x. ,. / ( f s . Section 28 -451 General Provisions, I of Sipe, Open Space, Rulk anti Yarcis: A. Minimum Int sire: Width, interior lot 5° 30 ft. Width, corner lot ' ` 35 ft. Depth 80 ft. Area, interior lot '" 3,000 sq. ft. Area, corner lot 3,000 sq. ft. B. Density, Int area per dwelling unit: H T r` "'" 3,000 sq. ft. , C. Minimum floor area: z : `.',` n Primary Dwelling Units 1,200 sq. ft. Efficiency Second Dwelling Units "'- 150 sq. ft. One - Bedroom Second Dwelling Units 400 sq. ft. Two- or more Bedroom Second Dwelling Units 600 sq. ft. D. Maximum height, main huilding_ and Second Dwelling Units: 2 stories max. 25 ft.* Max height shall be two stories, or twenty -five feet, iw . measured at the height of the roofline. Walls on a common ' ""ti " < property line shall not exceed 12 feet high for a 2 -story portion of the structure or 10 feet high for a 1 -story portion of the structure. • Please refer to Tables 1 through 3 to determine allowable building height for Tract and Lot Number 4 E: Maximum height, accessory blinding: 15 ft. F. 1 andscaping: 40% of Required Front Yard (minimum) s ' (1) Please refer to Tables 1 through 3 to determine required front yard landscaping for Tract and Lot Number G. Maximum floor area for Second Dwelling l snits: Detached Second Units 800 sq. ft. Draft RLD -3000 Zoning Standards 3 PROPOSED RLD- 3000 ZOINING STANDARDS (BRIDGEPORT AREA) APRIL 5, 2004 PRELIMINARY DRAFT Attached Second Units 30% of existing Primary Dwelling Unit living area H. Maximum lot coverage Yard nimensions (Minimums): „Tn. (1) Front Yard Abutting Street T 6 ft. ,••-; (a) Please refer to Tables 1 through 3 to determine 'requirectifront yard setback for Tract and Lot Number ;e •, • ., (2) Side Yard Abutting Street "Y3 ft. Minimum (3) Rear Yard Abutting a Street or Alley 0 ft. (a) Please refer to Tables 1 through determine required rear yard setback for Tract and Lot. Nurrib4 (4) Side Yard Not Abutting Street, 0 ft. OP Siae"Yar dimension, 6 ft. Ni•-:1-? (a) Please refer to fTables tffirough 3 to determine required side yard setback for:Treat:and Lot Number •-• (5) Rear Yard Not Abutting Street 2 ft. -(a) Please,rerei= Tables 1 through 3 to determine required side qa. ft. v' s'etbackfor Tract and Lot Number k•V „ Sectinn 28-457 . Required Parking, Parking Spare S17e, Form and Type. A. Parking Dimengions per space: 10 ft. x 20 ft. B. Nuirnher,hf spares per t Primary Dwelling Units 2 , # ::; Second Dwelling Units 1 per Efficiency Second Dwelling Unit or per bedroom for non-Efficiency Second Dwelling Units Notwithstanding the foregoing, the City may require that a One- Bedroom Second Dwelling Unit have two parking spaces if the City determines that the additional parking requirement is directly related to the use of the second unit and is consistent with existing neighborhood Draft RLD-3000 Zoning Standards 4 PROPOSED RLD- 3000 ZOINING STANDARDS (BRIDGEPORT AREA) APRIL 5, 2004 PRELIMINARY DRAFT standards applicable to existing dwellings. C. Eorm: Primary Dwelling Units Open & Accessible Second Dwelling Units Open & Accessible or Tandem Notwithstanding the • foregoing, the City may require that a'°Second Dwelling Unit not use tandem parking if the City determines "that tandem parking is not feasible based upon specific site; or regional topographical or fire and life safety conditions." a D Tye: <= Garage E. Church parking: One space for each five fixed seats or one "space for each 75 square feet of floor area used for assembly purposes and containing no fixed so seats. e ' • Section 28 - 453_ The Fffert of Nonconforming Parking Space Dimensions on Structural Alterations. The prohibition against the enlargement, structural alteration or expansion of a non - conforming building: shall' not apply to residential buildings which are nonconforming only by reason of a "failure to comply with the provisions of this code as to the required dimensions "of parking spaces or garages, provided the minimum size of an existing�,�nonconforming' parking space is nine feet by nineteen feet interior dimensions with`a minirrium of twenty - four foot turning radius. Section 28 -454 Use of CGaragPS. and Carports. All required garages and carports shall be used for short .jerrri "parking of licensed passenger motor vehicles for persons residing on the" premises.' Required garages and carports shall not be used for storage of Inoperable motor vehicles, boats, trailers, furniture, building materials or other Materials, which would interfere with the parking of licensed passenger motor vehicles.. �_ '_ , . T Section 2A -455 A Committee Approval Required. The City shall not review. any plans - 'for a building, fence, wall, swimming pool or structure until an ,�. approved ,building plan approved by a majority of the appropriate Architectural "•,Committee for those Tracts within the RLD -3000 Zone that have an legally constituted Architectural Committee, has been submitted to the City. • " Section 28 -456 Roof- Mounted Mechanical Fquipment. Roof - mounted mechanical equipment shall be architecturally screened. F Section 28 -457. Second Dwelling units. A. Definitions. Draft RLD -3000 Zoning Standards 5 PROPOSED RLD- 3000 ZOINING STANDARDS (BRIDGEPORT AREA) APRIL 5, 2004 PRELIMINARY DRAFT • (1) "Second Dwelling Unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities..fo,r one or more persons. It shall include permanent provisions for living; sleeping, eating, cooking, and sanitation on the same parcel A the�'� single - family dwelling. A Second Dwelling Unit also includes Efficiency Units and Manufactured Homes, as those terms are defined be low. A•, Second Dwelling Unit is not an "Accessory Building." L . . . . (2) "Efficiency Unit" means a separate living space with a minimum floor area of 150 square feet which contains partial : kitchen" or bathroom facilities.'" ''`• • (3) "One- Bedroom Unit" means a separate living space that contains a living room, one bedroom, and full kitchen and bathroom facilities. (4) "Two- Bedroom Unit" means a separate living space that contains a living room, two bedrooms, and full.kitchen bathroom facilities: (5) "Manufactured Home" means a structure ;'transportable in one or more sections, which, in the traveling mode, is height body feet or more in width, or 40 body feet or more in length; -oyr°,, when erected on site, is 320 or more square feet, and which is built\on a permanent chassis and designed to be used asp with,Aor without a permanent . te a.. foundation when connected :, the required utilities, and includes the plumbing, heating, air conditioning,. and electrical systems contained therein. "Manufactures "Horrm0..shall also include any structure which meets all the' requiiements this paragraph except the size requirements if the manufacturer of the structure complies with the statutory certification requirements for manufactured homes and the standards see`forth formanufactured homes in the California Health and Safety Code. `'. V B. Ser.nnci Dwelling t Jnits Permitted. An application for a Second Dwelling Unit tha' meets ythe standards contained in this section shall be approved ministerially without discretionary review or public hearing. C. Primary Dwelling I Jnit. A legal single - family dwelling (the "Primary Dwelling °'.Unit") must exist on the lot or must be constructed on the lot in conjunction " with •the •construction of the Second Dwelling Unit. Independent facilities. A Second Dwelling Unit shall provide independent ; living facilities for one or more persons and include permanent provisions for living, sleeping, eating, cooking, and sanitation. E. Inning requtirements. A Second Dwelling Unit shall comply with the same height, setback, lot size, lot coverage, and other applicable zoning requirements as apply to the Primary Dwelling Unit. Draft RLD -3000 Zoning Standards 6 PROPOSED RLD- 3000 ZOINING STANDARDS (BRIDGEPORT AREA) APRIL 5, 2004 PRELIMINARY DRAFT F. Ownership. The property shall be the primary residence of the property owner. The owner must occupy either the Primary Dwelling Unit or Second Dwelling Unit as his or her primary principal residence. r- • G. need restriction. The Second Dwelling Unit shall not be sold, transferred .or assigned separately from the Primary Dwelling Unit. Before obtaining at building permit for the Second Dwelling Unit, the owner of the Iot(or parcel shall file with the County Recorder a declaration or agreement of.:restrictions, which has been approved by the City Attorney as to its „form -. and content, containing a reference to the deed under which the prdperty4as'acquired by the owner and stating that: a (1) The Second Dwelling Unit shall not be sold separately; (2) The .Second Dwelling Unit shall be considered legal only so long as either the Primary Dwelling Unit or the Second :, Unit is occupied by the owner of record of the property. �° (3) The restrictions shall be binding upon' any successor in ownership of the property and lack of compliance shall; result in legal action against the property owner. H. Impact on Historic: resources. No: econd.DWelling Unit may be approved if located on, or adjacent to, real .property that is listed on the California Register of Historic Places. (1) Architectural Compatibility. 'The Second Dwelling Unit shall incorporate the same or similar architectural features, building materials and colors as the main dwelling_:unit or dwellings located on adjacent properties. y 1et �, * * * * #[ .' YY r m Y 's- s • ,.. . % « Draft RLD -3000 Zoning Standards 7 PROPOSED RLD- 3000 ZOINING STANDARDS (BRIDGEPORT AREA) APRIL 5, 2004 PRELIMINARY DRAFT RLD 3000 Zone Specific Tract Development Standards TABLE 1 - TRACT 6345 Development Standard Required Standard: Building Setback f...) 4 • • Front Yard: First Floor 6 feet — Lot 30 and 31 8 feet — All remaining lots I Front Yard: Second Floor 50 feet Rear Yard 2 — All Lots 40> Interior Side Yard 6 feet on one side — oppOsite side yard is 0-foot minimum setback Street Side Yard 3 feet Height Limit: 25 feet overall feet at Zero Side Yard •••,,c Number of Stories: 2-Story Maximum of 24 lots tr\ Allowable Floor Areas: First Floor ,1,250:squar6..fget minimum ‘z•:.) Second Floor •‘" 300..square feet minimum; 800 square feet maximum 4_ •- - Fence Height: , :4!t 3 feet.in front yard setback area. 8 outside of front yard setback area. Projections: Chimney 2 feet into required interior side yard: not 6 feet k /24. in length (Chimney projection not allowed in front, rear, or ;,„ exterior side yard) • : • Roof eaves -= Rear Yard 1 foot into public alley (includes garage door in open position) ROof Eaves—Side Yard 2 feet into adjacent 0-foot side yard — subject to recorded • deed restriction on adjoining lot. (.: Required landscaping: Entire front yard setback area except entry walks and driveways. •!-'• 6 square feet minimum in rear yard setback area. '‘ 'Trash Enclosure: Minimum 2-foot by 4-foot area adjacent to rear yard setback area — all lots except 31, 32, 33, 34, and 35. Patio Area: 240 square foot minimum - adjacent to 6-foot side yard setback area Patio Covers: Not permitted in front, rear, or side yard setback area. Draft RLD-3000 Zoning Standards 8 PROPOSED RLD- 3000 ZOINING STANDARDS (BRIDGEPORT AREA) APRIL 5, 2004 PRELIMINARY DRAFT TABLE 2 - TRACT 6346; 1,;. Development Standard I Required Standard: vm _ > Building Setback • Front Yard: First Floor ' 8 feet - All lots except Lots 1 and 6 4 :? -:<. , .J'' 7 feet - Lot 1 =. '.. :. ti-' 4 feet - Lot 6 > -- ' 1:.... , ` e..•- �s,.y- Front Yard: Second Floor I 50 feet �• Rear Yard 2 feet ';'' i i Interior Side Yard 6 feet f; , ' ` Opposite Side Yard 0 feet ' f ti Y Street Side Yard 1 3 feet '`. -� L ` Height Limit: 1 25 feet overall .. -_,•12 feet at exterior Side Yard Number of Stories: 2 -Story Lots - Maximum of 38 :lots Allowable Floor Areas: . ,. .- � � First Floor 1,250 square feet minimum Second Floor : j 3 00 square feet minimum; 800 square feet maximum Fence Height: ; - :_. •, 3 feetin front yard setback area. ;, 8.feet outside of front yard setback area. Projections: s=' `- �,: Chimney IV, ``�,';.:' ` 2 feet into required interior side yard: not exceeding 6 feet r in length (Chimney projection not allowed in front, rear, or ` ' ` exterior side yard) is Roof eaves _ Rear Yard 1 foot into public alley (includes garage door in open ;07;7 . \;: , .,'- position) Roof Eaves -Side Yard 2 feet into adjacent 0 -foot side yard - subject to recorded - _t y' deed restriction on adjoining lot. lc-`° ., :. Required landscaping: Entire front yard setback area except entry walks and driveways. :. ' 1 6 square feet minimum in rear yard setback area. •Trash Enclosure: Minimum 2 -foot by 4 -foot area adjacent to rear yard 3 - setback area - all lots except 31, 32, 33, 34, and 35. Patio Area: 240 square foot minimum - adjacent to 6 -foot side yard setback area Patio Covers: 1 Not permitted in front, rear, or side yard setback area. Draft RLD -3000 Zoning Standards 9 . PROPOSED RLD- 3000 ZOINING STANDARDS (BRIDGEPORT AREA) APRIL 5, 2004 PRELIMINARYDRAFT TABLE 3 - TRACT 9814 • • Development Standard Required Standard: ` .R ; Building Setback _ 4 • Front Yard: First Floor . 12 feet - Lot 1, 4, 6, 9, 15, 17, 20, 24, 25, 27, 29 '31,`33•` 10 feet - Lot 2, 5, 8, 10, -12, 16, 19, 21, 23, 26; 30 : '' 8 feet - Lot 3, 7, 11, 13, 14, 18, 22 32' 6 feet - Lot 34, 35 4: t Front Yard: Second Floor 30 feet except as follows: ' 20 feet - Lot 13, 34, 35 Rear Yard 2 feet - Lots 1 through 24. 8 feet - Lots 25 through 35. . Interior Side Yard 6 feet (Southwesterly Side) •' Interior • Side Yard 0 feet -.All lots ` except " 12 and 35 P ` ; • (Northwesterly side) .. Street Side Yard 6:feet = Lot 1; 24 and 25 Height Limit: ,feet ovefall -12 feet at exterior Side Yard Number of Stories: �' ; 1 -Story Lots - Lot 1, 3, 7, 11, 18, 22, 24, 25, 28 ma 2 -Story Lots - All remaining lots. r `= ` 7 3 feet in front Fence Height: and setback area. �� yard *"s _e 8 feet outside of front yard setback area. Architectural Projections::. . 2 feet - except no fireplace or chimney structure allowed \;:; in first floor front yard setback area or rear yard setback ` N area. � . p Y Required landscaping: Entire front yard setback area except entry walks and driveways. " " 6 square feet minimum in rear yard setback area. `' ' ". Trash Enclosure: Minimum 2 -foot by 4 -foot area adjacent to rear yard J' setback area - all lots except 31, 32, 33, 34, and 35. Patio Area: 240 square foot minimum - adjacent to 6 -foot side yard setback area Patio Covers: Not permitted in front, rear, or side yard setback area. Must have 50% open roof area and cannot be enclosed. Draft RLD -3000 Zoning Standards 10 AGENDA PUBLIC INFORMATION MEETING April 12, 2004 ZONING ORDINANCE AND REDEVELOPMENT PLAN REVISIONS BRIDGEPORT AREA DEVELOPMENT STANDARDS Monday, April 12, 2004 - 7:30 PM MEETING PLACE: COUNCIL CHAMBERS 211 8 Street Seal Beach, CA 90740 I. WELCOME AND INTRODUCTION OF STAFF II. OVERVIEW OF ISSUES FOR DISCUSSON • REVIEW OF PROPOSED RESIDENTIAL LOW DENSITY 3000 (RLD -3000) ZONING ORDINANCE PROVISIONS. O ANTICIPATED PROCESS FOR RESOLUTION OF ISSUES. O April and May 2004 - Prepare appropriate environmental review documentation and proposed final Zone Text Amendment language. • Conduct necessary public comment time period on environmental review document; 30 -day public review time period is anticipated. El Anticipated public comment period from June 1 to July 1, 2004. O Schedule Public Hearing before Planning Commission on appropriate environmental review documentation and proposed final Zone Text ' Amendment language. ❑ Anticipated Planning Commission Public Hearing on July 21 or August 4, 2004' • At conclusion of Public Hearing the Planning Commission will recommend approval of specific Zone Text Amendment language for consideration by the City Council. • Schedule Public Hearing before City Council on appropriate Z: \My Documents \Bridgeport Development Standards \Information Workshop Agenda.4- 12- 04.doc \LW\04 -12 -04 . BRIDGEPORT DEVELOPMENT STANDARDS PUBLIC INFORMATION MEETING AGENDA April 12, 2004 • • environmental review documentation and proposed final Zone Text Amendment language. O Anticipated City Council Public Hearing on September 13 or September 27, 2004 • At conclusion of Public Hearing the City Council will adopt an ordinance specifying the specific Zone Text Amendment language. O Adoption of an ordinance requires two "readings" by the City Council. The first reading, or "introduction" is usually conducted at the time of the closing of the public hearing on the Zone Text Amendment, with second reading, or "adoption ", occurring at the following City Council meeting. • After second reading, the ordinance is not effective for 30 days. Anticipated effective date is between mid - November and mid - • December 2004. III. PUBLIC COMMENTS ON ISSUES FOR DISCUSSION IV. STAFF SUMMARY AND NECESSITY FOR ADDITIONAL MEETINGS V. ADJOURN * * * * • • • Information Workshop Agenda.4 -12 -04 2 FILE COh • PUBLIC INFORMATION MEETING April 12, 2004 ZONING ORDINANCE AND REDEVELOPMENT PLAN REVISIONS BRIDGEPORT AREA DEVELOPMENT STANDARDS . COMMENTS AND RESPONSES TO APRIL 5 PRELIMINARY DRAFT RLD -300 ZONING PROVISIONS 1. Section 28- 450.A.3 — is vegetable gardening allowed within the front yard setback area? Response: The code provisions would allow for vegetable gardening in the front yard setback area. This has been a standard provision for all residential areas of the City since 1968. , 2. Section 28- 450.A.4 — Can we eliminate parrots and other specified animals from being allowed within our area? Response: The City standards differ from the provisions of the CC &R's for each tract. It. would be up- to the appropriate property owners to enforce the particular requirements of their CC &R provisions regarding the types of animals that may or may not be kept. Staff would not recommend any change to the existing provisions of the City regarding the keeping of animals, as set for in Chapter 3 of the Code. 3. Section 28- 450.A.7 - Why are "small family day care homes, caring for up to six children" listed as a permitted use? Response: This use has been required to be permitted use by right in any residential zone of a city since 1981 by the State of California. This provision has applied to all residential areas of the City since 1981 and cannot be changed pursuant to provisions of State law. The exclusion provisions of state law are set forth in Health and Safety Code Section Z:\My Documents \Bridgeport Development Standards \Comments and Responses Items.04- 12- 04.doc \LW04 -12 -04 PUBLIC INFORMATION MEETING RE: • .. • BRIDGEPORT DEVELOPMENT STANDARDS - COMMENTS AND RESPONSES TOAPRIL 5, 2004 PRELIMINARY DRAFT RLD -3000 ZONING PROVISIONS April 12, 2004 1597.40, "Exclusion of municipal zoning,. building and fire codes and restrictions; invalidity of restrictive covenants ". "Section 1597.40. (a) It is the intent of the Legislature that family day care homes for children should be situated in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development. It is the public policy of this state to provide children in a family day care home the same home environment as provided in a traditional home setting. The Legislature declares this policy to be of statewide concern with the purpose of occupying the field to the exclusion of municipal zoning, building and fire codes and regulations governing the use or occupancy of family . day .care homes for children, except as specifically provided for in this chapter, and to prohibit any restrictions relating to the use of single - family residences for family day care homes for children except as provided by this chapter. • (b) Every provision in a written instrument entered into relating to real property which purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of the real property for use or occupancy as a family day care home for children, is void and every restriction or prohibition in any such written instrument as to the use or occupancy of the property as a family day care home for children is void. (c) Except as provided in subdivision (d), every restriction or prohibition entered into, whether by way of covenant, condition upon use or occupancy, or upon transfer of title to real property, which restricts or prohibits directly, or indirectly limits, the acquisition, use, or occupancy of such property for a family day care home for children is void." 4. Section 28- 450.A.7 — What are the outdoor play space requirements for a small day care facility? Response: Staff has not been able to confirm the . state standard, as it is included within the administrative regulations regarding this type of facility. It is believed that a minimum of 75 square feet per child is required. Again, the provisions regarding these facilities are completely govemed by the provisions of State law, and the City may not change those requirements. The exclusion provisions of state law are set forth in Health and Safety Code Section 1597.40, "Exclusion of municipal zoning, building and fire codes and restrictions; invalidity of restrictive covenants ". Comments and Responses Items.04 -12 -04 2 PUBLIC INFORMATION MEETING RE: BRIDGEPORT DEVELOPMENT STANDARDS - • COMMENTS AND RESPONSES TOAPRIL 5, 2004 PRELIMINARY DRAFT RLD -3000 ZONING PROVISIONS April 12, 2004 5. Section 28- 450:A.10 - Why are "Second Dwelling Units, pursuant to the requirements of Section 28 -407" listed as a permitted use? Response: This use has been required to be permitted use by right in any residential zone of a city since the mid- 1980's by the State of California. This provision has recently been amended based on new requirements imposed by, the State of California and are applied to all residential areas of the City and cannot be changed pursuant to provisions of State law in conformance with the requirements of California Government Code § 65852.2. As indicated within California Government Code § 65852.2: "A second unit which conforms to the requirements of this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the existing general plan and zoning designations for the lot. The second units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth." The City has imposed the following specific definitions and development criteria, in accordance with Government Code § 65852.2, regarding compliance of second family units with: ❑ the zoning development standards of the particular area where the second residential unit is proposed; ❑ architectural compatibility with the main dwelling on the subject property; ❑ recordation of a deed restriction indicating that the second residential unit cannot be sold separately and that the owner of record of the property must reside in either the primary dwelling or the second residential dwelling. Again, any proposed second family unit would require approval by the applicable architectural review committee of the architectural design features of the unit, but can not deny such a use if the provisions of Section 28 -407 of the Zoning Ordinance are met. 6. Section 28- 450.A.10 — Doesn't the provisions regarding "Second Family Units" conflict with Section 503 of the Riverfront Redevelopment Plan? Response: The provisions regarding "Second Family Units ", as recently imposed by the State of California, override all local ordinance Comments and Responses Items.04 -12 -04 3 PUBLIC INFORMATION MEETING RE: BRIDGEPORT DEVELOPMENT STANDARDS - COMMENTS AND RESPONSES TOAPRIL 5, 2004 PRELIMINARY DRAFT RLD -3000 ZONING PROVISIONS April 12, 2004 requirements, including a redevelopment plan. Please refer to the response for Item 5 above for more detail on this question. 7. Section 28 -451.D — Request clarification to remove ambiguous language. Response: The suggested clarifications will be incorporated into the public hearing draft of the' proposed Zone Text amendment. 8. Section 28 -451.E — Can the height of "accessory buildings" be reduced from 15 feet to 8 feet? Response: The height of an accessory structure will require approval by the appropriate architectural review committee before submission to the City for review and issuance of a building permit. The 15 -foot height is a standard for all residential areas of the City and staff would not recommend a revision to this section. 9. Section 28 -451.F — Request clarification to remove ambiguous language. Response: The 40% provision is a minimum requirement for all residential areas of the City, more landscaping can be provided. Currently there are no specified landscape requirements for Tracts 6345 and 6346. If all tracts are agreeable to utilizing the same language, staff will revise as suggested and incorporate into the public hearing draft of the necessary Zone Text Amendment. 10. Section 28 -451.H — How was the 70% Maximum Lot Coverage number determined? Response: Section 503 of the Riverfront Redevelopment Plan does establish a 67% lot coverage requirement. Staff is proposing to be consistent with the 67% requirement of the redevelopment plan in the public hearing version of the proposed Zone Text amendment. The 70% figure was proposed in error. 11. Section 28 -451.1 — Request clarification to remove ambiguous language. Response: The suggested clarifications will be incorporated into the public hearing draft of the proposed Zone Text amendment. • Comments and Responses Items.04 -12 -04 4 PUBLIC INFORMATION MEETING RE: BRIDGEPORT DEVELOPMENT STANDARDS - COMMENTS AND RESPONSES TOAPRIL 5, 2004 PRELIMINARY DRAFT RLD -3000 ZONING PROVISIONS April 12, 2004 12. Section 28 -454 — Why is this section included: what business is it of the City what l park or store in my garage? Response: The City has a concern that people do not use their garages for parking, resulting in more crowded parking conditions along streets throughout the City. This provision applies to all residential areas of the City and has been in effect since 1968. The enforcement of this provision is on a complaint basis and it is very rare for an enforcement action to be requested. Enforcement generally occurs when an individual is using their garage for a business purpose that is causing adverse impacts to neighbors. 13. Section 28 -455 — Why are "pipes and conduits" not included as listed items; they are in the CC &R's? Response: The included items are structures that are reviewed and approved by the Planning Department prior to the issuance of a building permit for such a structure. Building permits are not issued for "pipes and • conduits ". These would need to be approved by the applicable architectural review committee prior to the issuance of a mechanical, plumbing or electrical permit for the particular piece of equipment that the pipe or conduit is serving. 14. Table 2, Tract 6346 - Request clarification to remove ambiguous language and imposing additional height limitation on single -story structures. Response: The language will be expanded to clarify the different provisions for single -story and two -story portions of a structure. Again, the applicable architectural review committee will have .to approve any new construction prior to submission to the City for approval and the issuance of building permits. It is standard language in all of the residential zones of the city to allow for up a 25 -foot high main structure, regardless of whither the number of stories is 1 or 2 contained within the 25 -foot high area. Staff would not recommend a change to this city -wide height standard. 15. Table 2, Tract 6346 — request elimination of language regarding "roof overhangs into a side yard ". Response: This provision is also included within the CC &R's for both Tract 6345 and 6346. As this type of construction is allowable under the CC &R's and would require approval of the applicable architectural review committee, staff is not recommending elimination of this provision. Comments and Responses Items.04 -12 -04 5 PUBLIC INFORMATION MEETING RE: BRIDGEPORT DEVELOPMENT STANDARDS - COMMENTS AND RESPONSES TOAPRIL 5, 2004 PRELIMINARY DRAFT RLD -3000 ZONING PROVISIONS April 12, 2004 16. Table 2, Tract 6346 — request clarification of location standards for patio covers to be outside of the street side yard setback area also. Response: The suggested clarifications will be incorporated into the public hearing draft of the proposed Zone Text amendment. * * * * • Comments and Responses Items.04 -12 -04 6 Lee Whittenberg From: cathyrob @adelphia.net Sent: Saturday, April 10, 2004 3:46 PM To: Lee Whittenberg - Cc: rickshirley @adelphia.net; michael @discoverthestars.net; XCindyLudwig @aol.com; sbyost @adelphia.net; tleaje @cs.com; tedtownsend @adelphia.net; tawinfo @aol.com; ssvvs @surfbest.net; canc29303 @aol.com; tslogsdon @aol.com; RHEINV @aol.com; jponeii395 @yahoo.com; mpixls @adelphia.net; twb.consulting @adelphia.net; davidblasi @adelphia.net; dean.a.willis @boeing.com; gjoneii @earthlink.net; SBBrowser @aol.com; mbartl @adelphia.net; rayiongo @covad.net; g8idea @hotmail.com; CurtWhall @aol.com Subject: BridgePort Rezoning . Dear Lee, Last Thursday evening, a number of residents from Tract 6346 met to review and discuss the Preliminary Draft. The following are our questions and comments. We would appreciate it if these could be addressed at the meeting on Monday night. Thank you, Robert Goldberg 345 Clipper Section 28 -450. A.(3) Is vegetable gardening a permitted use for front yards? Would it be considered "landscaping "? Could someone plant a cornfield in their front yard or cover it with tomato plants? A.(4) Our CC &R's have a much stricter prohibition on animal and fowl than Chapter 3. Specifically, our CC &R's do not allow birds, whereas Chapter 3 of the Municipal Code allows up to 4 parrots. Given the extreme noise impacts that having 4 parrots would cause in a zero lot line community, parrots would not be appropriate here. Could the zoning reflect this restriction on parrots? A.(7) What are the outdoor play space requirements for a small family day care home? There is a concern that such homes would have a dramatic noise impact on the adjacent home due to transmission through the zero lot line wall. Normal adult conversation on patios is audible through this wall. Having six children playing would produce considerably more noise and render the adjacent home essentially uninhabitable during the hours of operation of the care home. We recognize that day care regulations derive from the State, but are exceptions possible for homes such as ours? Are there exceptions for townhomes? A.(10)Permitting Second Dwelling Units, even with the restrictions set forth in Section 28 -457, would potentially have drastic impacts on the population density in BridgePort. It could theoretically add two or more residents per lot. This would seem to be inconsistent with the designation of the area as "Low Density." It would also not be consistent with the-density restrictions for our area specified in Section 503 of the Redevelopment Plan (Ordinance 780). This specifies that the "...population density shall not exceed 30 .persons per acre." With our current housing, we estimate that we are currently at that limit. Section-28-451. D. The verbiage here is very confusing. Instead of having a statement that has a footnote and an additional reference to the Tables, why not just simply make reference to the Tables? The Tables can present the needed information in a less confusing format. E. Allowing an accessory building to have a height of 15 ft seems excessive. Given the height restrictions of sidewalls (10 -12 feet), and the height limit of rear fences (8 ft), a 15 ft accessory building would be quite visible from neighboring properties and probably_ create an eyesore. An 8 ft limitation would seem to be appropriate, yet not restrict the utility of any accessory building. 1 • F. Rather than have a requirement and a reference to the Tables, choose one or the other. As currently written, the requirement here (40% landscaping in front yard) conflicts with the requirement in the Tables (entire front yard). Also, several of.our residents have landscaped a large portion of their front yards with decorative brick. Is this acceptable? H. How was 70% derived for maximum lot coverage? Section 503 of the Redevelopment Plan (Ordinance 780) specifies the maximum lot coverage as 67 %. • - I. In this section, there are numerous requirements that are referenced to the Tables. As stated above, this creates confusion and conflicts. For example, I.(1) states that front yards must be 6 ft deep, yet the Tables indicate that this is correct for only four lots in the entire three Tracts. • Section 28 -455. We strongly endorse inclusion of this Section which codifies the City's working relationship with our Architectural Committee since the construction of our Tract. However, the coverage of the section does not include pipes and conduits which are covered by our CC &R's. Could you tell us specifically what projects /permits Section 28 -455 would not apply to? For example, would it apply to new window openings, window opening changes, or roof - mounted mechanical equipment? TABLE 2 - TRACT 6346 �. Height Limit: This section discusses height limits for roofs and sidewalls. Regarding side walls, additional verbiage is needed to clearly indicate the 10 ft limit for one -story sections. This is presently omitted. Regarding roof height, allowing single -story homes to be expanded to 25 ft in height would result in homes that are grossly out of character with our neighborhood and have numerous negative impacts. Other Cities have limited single story homes to more rational heights.. These range from 16 feet in Scottsdale, 17 feet in Palo Alto, to 20 feet the City of Riverside. Is there a reason this could not be done here? Roof Eaves - Side Yard: This section allows eaves to project two feet over the zero lot line into the neighbor's yard. We understand that this was a recommendation of the City Engineer in his 1966 report. However, none of the homes in our Tract were built with this design. This was probably due to concerns regarding flooding of the adjacent home. This is still a concern as there is no requirement for rain gutters on the eaves. We would recommend that this section be changed to prohibit eave encroachment into side yards. Patio Area: The patio area requirement specifies that it be outside of the 6 -foot side yard setback area. Reference to the 3 -foot setback areas on street side yard should be added for completeness. • 2 Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards Planning Commission Staff Report August 18,2004 ATTACHMENT 7 JULY 7 2004 PUBLIC INFORMATION MEETING INFORMATION PACKET • ZTA 04- 3.Bridgeport Standards.PC Staff Report 50 a h f City of Seal Beach, 211 8 Street ® ® ®:m:_ Seal Beach, CA 90740 D ®� 562 -431 -2527 June 24, 2004 NOTICE OF PUBLIC INFORMATION MEETING NOTICE IS HEREBY GIVEN that the Planning Department of the City of Seal Beach will hold a public information meeting un Wednesday, July 7, 2004, at 7:00 p.m. in the City Council Chambers, 211 Eighth Street, Seal Beach, California, to present information and receive public input regarding the following project proposal: ZONING and REDEVELOPMENT PLAN REVISIONS: DEVELOPMENT STANDARDS FOR BRIDGEPORT - PROPOSED RESIDENTIAL LOW DENSITY -3000 STANDARDS Proposal: To review proposed Zoning Ordinance revisions to achieve internal consistency between the Zoning Ordinance and the Redevelopment Plan and to incorporate various standards imposed by various "Precise Plan" ( "PP ") approvals granted by the City in the 1960's. All of the properties within the `Bridgeport Area" are located in the Residential Low Density (RLD), District II zoning area of the City. Staff is proposing the creation of a RESIDENTIAL LOW DENSITY - 3000 ZONE that will set forth specific development standards for the Bridgeport Area that are consistent with the previous "Precise Plan" approvals and the provisions of the CC &R's for the three tracts that make up the Bridgeport Area. A copy of the "June 24, 2004 Final Draft" standards are attached for your information and review prior to the July 7, 2004 public information meeting. PLEASE NOTE: It is the intent of the proposed development standards to develop uniform development standards for the "Bridgeport" area that are reflective of the current development pattern within this area of the City. - It is not the intent of this review to impose standards that will drastically change the current development pattern of Bridgeport. The nature of the issues involved with the proposed zoning revisions would require that any amendments to current development standards be considered through the public hearing process to amend at a minimum the provisions of the Zoning Ordinance and potentially the Riverfront Redevelopment Plan. In addition, an environmental evaluation will need to be conducted The City Council has authorized the Planning Department to initiate a process to revise the Zoning Ordinance and Redevelopment Plan to achieve internal consistency between the two documents and consider incorporation of various • standards imposed by various "Precise Plan" approvals granted by the City in the 1960's. The intent of the City is to achieve a general consensus agreement as to Z :\My Documents \Bridgeport Development StandardsWub Info IvItg Notice 3.Zoning Revisions.doc \LW\06 -23 -04 • Notice of Public Information Meeting "Bridgeport " Area Zoning and Redevelopment Plan Amendments June 24, 2004 the recommended course of action prior to the formal public hearing process -- before the Planning Commission and City Council on the necessary Zone Ordinance Text Amendment and Redevelopment Plan Amendment. The proposed "June 24, 2004 Final Draft Standards" reflect coirunents from the April 12, 2004 Public Information Workshop, and incorporate the following provisions to reflect the current development nature of the area as reflected in the applicable CC &R's for the three tracts in this area of the City (Tract 6345, 6346 and 9814): ❑ A specific set of development standards are proposed in Tables 1 through 3 of the proposed RLD 3000 Zone for each tract that reflect the provisions of the applicable CC &R's; ❑ Roof decks are proposed to be prohibited throughout the area based on previous public comments; ❑ landscaping and patio requirements are as either required by City -wide zoning standards, or as currently specified in the applicable CC &R document for each tract. Members of the public are encouraged to attend the public information meeting and provide your thoughts and suggestions to the Planning Department Staff regarding the proposed "Residential Low Density — 3000 (RLD- 3000) June 24, 2004 Final Draft" development standards. It is the intention of the City to begin the fonnal environmental review and Zone Text Amendment process upon receiving any additional comments at the June 24 workshop. Please contact my office at your earliest convenience if you require additional infonnation or have questions regarding the public information meeting. If you cannot attend the June 24 workshop please provide any comments or questions that you may have in writing to my attention. I can be also be reached at (562) 431 -2527, extension 313, or by e -mail at . 1whittenberg @ci.seal- beach.ca.us, to respond to questions or concerns. Sincerely, )1/7 Whittenberg Director of Development Services Attachment: Proposed RLD - 3000 Zoning Standards - (Bridgeport Area) — June 24, 2004 Final Draft Pub Info Mtg Notice 3.Z • g Revisions PROPOSED RLD - 3000 ZONING STANDARDS (BRIDGEPORT AREA) . JUNE 24, 2004 FINAL DRAFT Article 4.5 Residential Low Density Zone — 3000 r . (RLD - 3000 Zone) Sertinn 28- 450 • A. Permitted l 1ses. f` . r M1 ` : 1 On dwelling unit on each lot of record; � ( ) 9 ',, frit (2) Accessory buildings or structures . including ; private garages to accommodate not than 3 automobil'es;., Flower and vegetable ardeniri ( ) 9 gardening; (4) Animals and fowl as provided in"TitleZ,Chapter 7.05, Animals; • (5) Home occupations; • •'� • (6) Twenty -four hour, foster care homes; (7) Small family day carehomes, caring for up to 6 children; (8) Mobile homes iri mobile. home park established by the issuance of an unclassified use.petrnit; i:° r (9) Swimming pool, used solely by persons residin on the site and their guests: t �,, "(a) Pool setbacks: ` • � (1) • • Side property line - 4 feet. � •,(ii) Rear property line - 4 feet. : •••Mechanical pool equipment: „ • ( ) property Setback 1 foot from ro ert line and 10 feet from .• neighboring residence or 8 feet from neighboring residence with sound - attenuation approved by City staff. (ii) Heater vent not to extend more than 6 inches above the • nearest wall or fence. (10) Second Dwelling Units, pursuant to the requirements of Section 28- 407. Z: \My Documents \Bridgeport Development Standards \Draft RLD -3000 Zoning Standards.doc!L\M06 -23 -04 PROPOSED RLD - 3000 ZONING STANDARDS (BRIDGEPORT AREA) JUNE 24, 2004 FINAL DRAFT B. Conditionally Permitted I /SAS. (1) Garages with more than 3 parking spaces; °r; (2) Public utility buildings; �`• =: `:_ (3) Private churches, museums, libraries, schools and colleges;-t:: _: "" (4) Large family day care homes, caring for 7 to 12,thildren,subject; to the following regulations: ' �. (a) 75 square feet of outdoor play area, and: 3:5 square -feet of indoor play area shall be provided"; per .chiild. The-. outdoor play area • shall be contiguous usable area,�`enclosed: by a 6 -foot high masonry wall. Any gate. entry shall be=•securely fastened and self- closing. (b) Large family day care hones shall be operated in a manner not exceeding the noise levels of'•the -Citjr of Seal Beach Noise Ordinance, nor shall such da jr�c • .'r are homes be operated in a manner,.,that constitutes a no se nuisance to neighboring properties'' (c) A permit shall not be granted for a large family day care home that would, be *established within a 300 foot radius of any existing licensed-J'arge family, day care home, and within 500 feet of an existing licensed large family day care home on the street for which the home is. proposed. (d)tb� ` ,.Alt Iarge,family',•d•ay care homes shall comply with all regulations • • . ri. =adopted °and enforced by the State Fire Marshall and the Orange , County Fire (e.) The applicant shall submit a copy of the Orange County Social Services License prior to the operation of the day care facility. (f) The applicant shall obtain a City business license prior to the 'operation of the day care facility. (g0 In addition to the 2 required covered parking spaces, 1 on -site parking space shall be provided for each employee other than the operator, and 1 drop- off -pick- up space shall be provided on- :, site or immediately adjacent to the subject property. `p . � C. Prnhihited l Jses family dwellings). (1) Exterior stairways providing access from the ground level and /or the first floor to the second floor or above, when such stairways are not specifically required by the Uniform Building Code. Excepting such Draft RLD -3000 Zoning Standards 2 PROPOSED RLD - 3000 ZONING STANDARDS - (BRIDGEPORT AREA) JUNE 24, 2004 FINAL DRAFT IN stairways may be permitted through the building permit process / 0.n properties with a second story kitchen existing as of the effeCtiv0ate of this Ordinance. In such a case, a covenant shall be recOrclecl,on'the. title of the property stipulating the property is to be usecr:OrilSt as •...-, • e - • . , single-family dwelling. ,. y.-...• , `kicc . Fxception: Exterior stairways may be permitted ,?n single-family dwellings located within identified flood zones up0 apOi Of a consent calendar plan review by the Planning Corrimi"slior.CP 't i ..':,.: • (2) Roof decks. ..::: .;;,....:.•' .•: ...., - Section 28-451 General Prnvisinns, I ot Si7e:ppen Spa'ne'i and Yards. '0 V4it A. Minimum lot Si7A: t: - • ....+Ak. I:;,- Width, interior lot „:. i•;: 30 ft. Width, corner lot 35 ft. Depth 80 ft. , Area, interior lok., 3,000 sq. ft. „ . Area, corner lot - ' , ', 3,000 sq. ft. •‘,--:., B. Density, lot area per dwellind°finit 3,000 sq. ft. ,..-!''':... \;‘'.':., - • •.,. .':. .24 C. Minimum floor sr v i; f): /..:.;, <i; ,-1 \:-,, Primary UriiIS 1,200 sq. ft. Efficiency Second Dwelling Units 150 sq. ft. Orie Dwelling Units 400 sq. ft. or Mbre Bedroom Second Dwelling Units 600 sq. ft. ,(..*,•-• ' ,--, • .., D:" ) 14 .... us s■ s -. 11 se..1 • • S e anrtSecond Dwelling tinits 2 stories, maximum 25 feet* , . ...:. ..:' ' *‘','''•,.- Maximum height shall be 2stories, or 25 feet, measured at the height ...:,-.•. , ,.., y of the roofline. Building walls on a common property line shall not exceed 12 feet high for a 2-story portion of the building structure or 10 feet high for a 1-stoty portion of the building structure. 11) Please refer to Tables 1 through 3 to determine allowable building height for Tract and Lot Number Draft RLD-3000 Zoning Standards 3 _ PROPOSED RLD - 3000 ZONING STANDARDS (BRIDGEPORT AREA) JUNE 24, 2004 FINAL DRAFT E. Maximum height, annessory X15 ft F. 1 ancisnaping 40% of Required Front Yard din) \ >'=•.* \ (1) Please refer to Tables 1 through 3 to determine required . tont•yard landscaping for Tract and Lot Number \;;;;., G. Maximum floor area for Second Dwelling linits: Detached Second Units •..?" 800 sq. ft. • - Attached Second Units ' ( 30% of existing DeIIing Unifliving area H. Maxim! IM Int noverage 70% / Yard Dimensions (Minimums): Nit* •..- ( 1 ) Front Yard Abutting Street 6 ft. . . le/ (a) Please refer to Tables 1 throLigh.atO determine required front yard setback for Tract and Lot Number • (2) Side Yard Abutting Street 3 ft. Minimum (a) Please,refer. to - Tables 1 through 3 to determine required front yarcf Tact and Lot Number k. 1/ i v*/ 447 (3) RearYard'Abutting a Street or Alley 2 ft. minimum ks,z (). Please 'refer to Tables 1 through 3 to determine required rear yarel4etback for Tract and Lot Number • (4 id Ola rd Not Abutting Street 0 ft. Opposite Side Yard minimum yard dimension 6 ft. •.. 74 (a) Please refer to Tables 1 through 3 to determine required side yard setback for Tract and Lot Number (5) Rear Yard Not Abutting Street 2 ft. (a) Please refer to Tables 1 through 3 to determine required side yard setback for Tract and Lot Number Draft RLD-3000 Zoning Standards 4 PROPOSED RLD - 3000 ZONING STANDARDS (BRIDGEPORT AREA) JUNE 24, 2004 FINAL DRAFT - ••• : -' :-• -• .'•• .••• 1. - • - • u .•• • - • , • A. Parking Dimensions per spare 16 ft. x 20,ft.. 9 ft. x 20 ft. interior ditesioris...:> B. Nitmher of spaces per unit: . (1) Primary Dwelling Units: `;: \ (a) Please refer to Table 3 to determine' required-'parkirig and vehicle storage space requirements for`Trapt 9814':,,`27, • (2) Second Dwelling Units: - .1 per Efficiency Second. , Dwelling or per bedroom for non- EfficiencJSecond Dwelling Units Notwithstanding the foregoing, the: City,,"may require that a One - Bedroom Second Dwelling Unit have:y2 ;Prking spaces if the City determines that -the additional parking requirement is directly related to the use of the second unit and is consistent with existing neighborhood standards applicable: to existing dwellings. C. Earn: . '4> (1) Primary D.wellingtUnit Open & Accessible • (2) Secon ",Dwelling Units Open & Accessible or Tandem ; :Notwithstanding the foregoing, the City may require that a Second `'' ,t. Dwelling Unit' not use tandem parking if the City determines that tandem parking is not feasible based upon specific site or regional '� topographical or fire and life safety conditions. Garage Church parking: 1 space for each 5 fixed seats or 1 space for each 75 square • feet of floor area used for assembly purposes and containing no fixed seats. Section 28 -453 The Fffert of Nonconforming Parking Space Dimensions on Structural Alteratinns. The prohibition against the enlargement, structural alteration or expansion of a non - conforming building shall not apply to residential buildings which are nonconforming only by reason of a failure to comply with the provisions of this code as to the required dimensions of parking spaces or garages, provided the Draft RLD -3000 Zoning Standards 5 PROPOSED RLD - 3000 ZONING STANDARDS (BRIDGEPORT AREA) JUNE 24, 2004 FINAL DRAFT minimum size of an existing nonconforming parking space is 9 feet by 19 feet_nterior dimensions with a minimum of a 24 foot turning radius. ,,%' Section 28 Use of Garages and Carports. All required garages and ,carporrt „ ; ..,, shall be used for short term parking of licensed passenger motor vehicles for persons residing on the premises. Required garages and carports sliall:.not be \used for storage of inoperable motor vehicles, boats, trailers, furniture, :materials.• or other materials, which would interfere with the parking of Iicensed`;passenger motor vehicles. of teAd ; ter ; • Section 25 -455 Architectural Committee Approval Recjuired.•• The .Cityshall not review a ny plans for a building, fence, wall,, swirl mir g pool. o r.._ structure until an approved building plan approved by a majority of the., appropriate Architectural Committee for those Tracts within the; RLD -3000 Zone have an legally constituted Architectural Committee, as has been submitted to;,the City. Section 28 Roof - Mounted Mechanical` Fnrytti me nt. Roof - mounted • • mechanical equipment shall be architecturally screeiied: Section 28 -457_ Second Dwelling units. A. Definitions. • '.. • , °” (1) "Second Dwelling, Unit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for 1 or more persons. j1t 'shall include permanent provisions for living, sleeping;. eating, cooking, and sanitation on the same parcel as the single - family dwelling. A Second Dwelling Unit also includes Efficiency _ :' ` and Manufactured Homes, as those terms are defined below. A Second Dwelling Unit is not an "Accessory Building." fI, s(2) "Efficiency Unit' means a separate living space with a minimum floor area of 150 square feet which contains partial kitchen or bathroom A • • facilities. • � (3) "One- Bedroom Unif' means a separate living space that contains a living room, 1 bedroom, and full kitchen and bathroom facilities. (4) "Two- Bedroom Unit" means a separate living space that contains a • living room, 2 bedrooms, and full kitchen and bathroom facilities. Draft RLD -3000 Zoning Standards 6 PROPOSED RLD - 3000 ZONING STANDARDS (BRIDGEPORT AREA) JUNE 24, 2004 FINAL DRAFT (5) "Manufactured Home" means a. structure, transportable in one or. more sections, which, in the traveling mode, is 8 body feet or more'in width, r ,� or 40 body feet or more in length, or, when erected on site.;-.isw320y`or..�. more square feet, and which is built on a permanent chassis and. F _ designed to be used as a dwelling with or without a permanent:1 foundation when connected to the required utilities, and .includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured Home" shall also include any structure which meets all the requirements of this paragraph '.except the= size requirements if the Manufacturer of the structure complies the statutory certification requirements for- .manufactured homes "and the standards set forth for manufacti fired -horries in tthe California Health and Safety Code. - .: � ♦w B. Sennnd (welling l Jnits Permitted. An: for'a. Second Dwelling Unit d ' that meets the standards containelri %this section shall be approved ministerially without discretionary review or public ,hearing. C. Primary Dwelling l Jnit: A legal single - family dwelling (the "Primary Dwelling Unit ") must exist on th'e' <lot or must be constructed on the lot in conjunction with the construction of the Second Dwelling Unit. D. Independent fanilities47«;.A Second Dwelling Unit shall provide independent living facilities for °•1 -d pore persons and include permanent provisions for living, sleeping, eating, cooking, and sanitation. E. Inning requirements:-. A Second Dwelling Unit shall comply with the same height, /Setback,, lot; -si lot coverage, and other applicable zoning . requirements aeapply to the Primary Dwelling Unit. F O■nership.: The property shall be the primary residence of the property • • owner.. The :owner must occupy either the Primary Dwelling Unit or Second k; .> Dwelling Unitas his or her primary principal residence. G. Deed restrir.tion. The Second Dwelling Unit shall not be sold, transferred, or assigned separately from the Primary Dwelling Unit. Before obtaining a building permit for the Second Dwelling Unit, the owner of the lot or parcel shall file with the County Recorder a declaration or agreement of restrictions, which has been approved by the City Attorney as to its form and content, • containing a reference to the deed under which the property was acquired by the owner and stating that: (1) The Second Dwelling Unit shall not be sold separately; Draft RLD -3000 Zoning Standards 7 PROPOSED RLD - 3000 ZONING STANDARDS (BRIDGEPORT AREA) JUNE 24, 2004 FINAL DRAFT A'• • ` (2) The Second Dwelling Unit shall be considered legal onlyVso lon' as either the Primary Dwelling Unit or the Second Dwelling occupied by the owner of record of the property. 4 (3) The restrictions shall be binding upon any successor in ;o.wnershof the property and lack of compliance shall result in legaf action..against the property owner. 1 fil - H; Impact nn Historic resnmmrces. No Second Dwelling.Jni• may Abe approved if located on, or adjacent to, real property that is listed on the Register of Historic Places. Y ��: }" Architectural Compatibility. The Second Dwelling Unit shall" incorporate the same or similar architectural features building, materials and colors as the main dwelling unit or dwellings located on 'adjacent properties. tc i f y.. Draft RLD -3000 Zoning Standards 8 . . PROPOSED RLD - 3000 ZONING STANDARDS (BRIDGEPORT AREA) JUNE 24, 2004 FINAL DRAFT RLD 3000 Zone Specific Tract Development Standards ir::` •,/ TABLE 1 - TRACT 6345 Development Standard Required Standard: Building Setbacks: A l iti *te Front•ard: First Floor 6 feet - Lot 30 and 31. ..4:- - ,: r ': \e:(.- 8 feet - All remffiiriiiZ314:.,„ -"1 "' k f Front Yard: Second Floor 50 feet. :0.• i'f'!' 4 :";-. Rear Yard 2 feet. "i'•-, .„ , Interior Side Yard 6 feet on one-side - opposite Vide yard is 0-foot minimum setback. "':::";•--- Street Side Yard 3 feet. . _ sle Height Limit: ,,s . 25 feet overall - 12 feet at Zero Side Yard. Number of Stories: 2-Story Lots - Maximum of 24 lots. , „... Allowable Floor Areas: ; '." First Floor .-:;.: .... i 1,250 square feet minimum. .. -, 'f Second Floor tR: .: e...- :100 square feet minimum; 800 square feet maximum. Fence Height: ,EN't n;.3 feet in front yard setback area. 8 feet outside of front yard setback area Projectioni: .: Chimney 2 feet into required interior side yard: not exceeding 6 feet in length (Chimney projection not allowed in front, rear, or exterior side yard). ., .. 4,, RoOf eaves = Rear Yard , . 1 foot into public alley (includes garage door in open , • ',X.' position). Roof Eaves - Side Yard 2 feet into adjacent 0-foot side yard - subject to recorded deed restriction on adjoining lot. Required landscaping: 40% of required Front Yard. Patio Covers: Not permitted in front, rear, or side yard setback area. * * * * Draft RLD-3000 Zoning Standards 9 - PROPOSED RLD - 3000 ZONING STANDARDS (BRIDGEPORT AREA) JUNE 24, 2004 FINAL DRAFT RLD 3000 Zone fr.. , 114.. • A . %,• -...1-.. Specific Tract Development Standards ,,,,,, st •.... ... . _,- ..., TABLE 2 - TRACT 6346 , : . ',1 , .... , - . 2:.. ..:-. , Development Standard Required Standard: Building Setbacks: eX, ,..,:. „, . p Front Yard: First Floor 8 feet - All lots except Lots 1 and 6:i. n / ,:./ Ai i 7 feet - Lot 1. 4 feet - Lot 6:„,; - .,. • / - - •*:;! C itssi '4 , . Front Yard: Second Floor 50 feet. I. '?.,W Rear Yard 2 feet. -,:. • i.':' -... .. Interior Side Yard 6 feet. \ • ,..-.. A:: 4 Opposite Side Yard 0 feet. „4.V/ • ...., Street Side Yard 3 feet. Height Limit: . , 25 feet overall - 12 feet at exterior Side Yard. Number of Stories: ., .,, 2-Story Lots - Maximum of 38 lots. Allowable Floor Areas: ,, , i'F"." - --. \. First Floor AZ / -;, :.:.: ; . 1,250,square feet minimum. Second Floor .. j., ,. ':.- 300 square feet minimum; 800 square feet maximum. ) . Fence Height: ....---T?,_ Mi ,i.3 feet in front yard setback area. • '' • \ --z.- - -; - '• ' 8 feet outside of front yard setback area. .. ,-, .. •„. . ,.,.,,.. '- • -.. Projections:-Af.1, Chimney ‘ ..,,.., 2 feet into required interior side yard: not exceeding 6 feet .A. . i,.. in length (Chimney projection not allowed in front, rear, or exterior side yard). .., ,.. .. < - .....i'• 4 1*oof eaves -Rear Yard 1 foot into public alley (includes garage door in open ~:?,-. 7 • position). i. Roof Eaves - Side Yard 2 feet into adjacent 0-foot side yard - subject to recorded • , ..., deed restriction on adjoining lot. Required landscaping: 40% of required Front Yard. Patio Covers: Not permitted in front, rear, or side yard setback area. * * * * Draft RLD-3000 Zoning Standards 10 _ PROPOSED RLD - 3000 ZONING STANDARDS (BRIDGEPORT AREA) JUNE 24, 2004 FINAL DRAFT RLD 3000 Zone " Specific Tract Development Standards TABLE 3 - TRACT 9814 Y r: Development Standard Required Standard: Building Setbacks: Front Yard: First Floor 12 feet - Lot 1, 4, 6, 9, 15, 17, 20; ?24,25, 27, 29, 3:1;3'3. 10 feet - Lot 2, 5, 8, 10, 12, 1.6, 1.9, 21, 232 ' 8 feet - Lot 3J;; 13".4, : -18, 22;128, 32. 6 feet - Lot 35. Front Yard: Second Floor 30 feet except as follows: 20 feet - Lot 13;:34, 35. Rear Yard 2 feet - Lots 1 through.21, 8 feet - Lots 25 through=35. Interior Side Yard.. 6 feet. (Southwesterly Side) q :6A", Interior Side Yard � feet - All lots except Lot 12 and 35. (Northwesterly side) Street Side Yard �,;6 feet ` 'Lot 1, 24 and 25. Height Limit: '. . overall - 12 feet within 3 feet of an exterior Side • «'_'':- F ' - ' Yard - Exceptions for Lots 12, 13 and 35. Number of Stories: - '•g 1 -Story Lots - Lot 1, 3, 7, 11, 18, 22, 24, 25, 28. *4* 2 -Story Lots - All remaining lots. .:•Fence Height: "`4 ` „<. 3 feet in front yard setback area. v:;' 8 feet outside of front yard setback area. Architectural Projections: 2 feet - except no fireplace or chimney structure allowed " •, . ,. :' in first floor front yard setback area or rear yard setback area. - .Required landscaping: Entire front yard setback area except entry walks and driveways. 6 square feet minimum in rear yard setback area. Trash Enclosure: Minimum 2 -foot by 4 -foot area adjacent to rear yard setback area - all lots except 31, 32, 33, 34, and 35. Draft RLD -3000 Zoning Standards 11 PROPOSED RLD - 3000 ZONING STANDARDS (BRIDGEPORT AREA) JUNE 24, 2004 FINAL DRAFT TABLE 3 - TRACT 9814 (Continued) V: Patio Area: 240 square foot minimum - adjacent to 6-foot" side setback area • .?;;;;/°"" Patio Covers: Not permitted in front, rear, or side yar.d..tetbask:area. Must have 50% open roof area and cahnot As, * * * * Nit,24 • - fift ' . te; „ 4 , •;•,<,„ • $.28 • , Ne2> t`„ „, • „ 4,ft \fr:: Draft RLD-3000 Zoning Standards 12 Public Hearing — Zone Text Amendment 04 -3 and Zone Change 04 -1 Residential Low Density 5000 and Residential Low Density 3000 Standards (Bridgeport Development Standards) City Council Staff Report September 13, 2004 ATTACHMENT 1 1 ADDENDUM PLANNING COMMISSION STAFF REPORT DATED AUGUST 18, 2004 RE: ZONE TEXT AMENDMENT 04 -3 AND ZONE CHANGE 04 -1 - BRIDGEPORT DEVELOPMENT STANDARDS AND REVISION TO RESIDENTIAL LOW DENSITY STANDARDS AND REVISIONS TO THE ZONING MAP OF THE CITY ZTA 04- 3.Bridgepori Standards.CC Staff Report.doc 38 August 1$, 2004 STAFF REPORT - ADDENDUM To: Honorable Chairman and Planning Commission From: Department of Development Services Subject: ZONE TEXT AMENDMENT 04 -3 and ZONE CHANGE 04 -1 — BRIDGEPORTDEVELOPMENT STANDARDS and REVISION TO RESIDENTIAL LOW DENSITY STANDARDS and REVISIONS to the ZONING MAP of the CITY SUMMARY OF REQUEST To consider amendments to certain portions of the Chapter 28, Zoning, of the Code of the City of Seal Beach, to: ❑ Establish a new residential development zone, Residential Low Density — 3000 (RLD - 3000), proposed Sections 28 -450 through 28 -456, that will establish development standards for the Bridgeport area of the community that are consistent with the provisions of "Precise Plans" approved for development in this area in the late 1960's and with the recorded Covenants, Conditions, and Restrictions (CC &R's) for the three subdivisions that comprise the Bridgeport area (Tract 6345, 6346 and 9814). ❑ Revise the current Residential Low Density (RLD) zoning provisions (Section 28 -400 through 28 -407) to a new Residential Low Density — 5000 (RLD - 5000) zone that will maintain the same development standards for the areas of the City located in such zone (i.e., the Gold Coast, the Hill, College Park East and College Park West). Only the naive designation of this zoning district is proposed to be changed. ❑ Revise the Zoning Map of the City to indicate the change in zoning designations as described above. BACKGROUND Overview of Revisions to Proposed Code Provisions Regarding Bridgeport Area Development Standards: Z: \My Documents \ZTA \ZTA 04- 3.Bridgeport Standards.PC Staff Report.Addendum.DOC \LW \08 -17 -04 Addendum Planning Commission Staff Report Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - ' Bridgeport Development Standards August 18.2004 Following are proposed revisions to the proposed ordinance provisions for the RLD — 3000 Zone that were not accurately reflected in the original Planning Commission Staff Report. The revisions are generally described as: ❑ Correcting the lot coverage provision to 67% to comply with provisions of the Riverfront Redevelopment Plan, and therefore requiring no amendments to the Riverfront Redevelopment Plan. ❑ Correcting the information on side yard setbacks in Tables 1 and 2 to indicate the building heights for Tracts 6345 and 6346 as follows: ❑ Tract 6345 - wall on common property line — 12 feet high for a 2 -story portion, 10 feet high for a single -story portion of the residential structure ' ❑ Tract 6346 - wall on common property line — 12 feet high for a 2 -story portion, 10 feet high for a single -story portion of the residential structure The proposed revisions are only within the proposed RLD — 3000 zoning standards, and are indicated in Attachment 1 by bold and double - underline text for text to be added and by . ._,--- _--- ___ -_ —_ - ________- --v Only the pages of the proposed resolution that have changes are provided as the attachment. RECOMMENDATION Staff recommends that after receiving both written and oral testimony presented during the public hearing, the Commission recommend approval of Zone Text Amendment 04 -3 and Zone Change 04 -1 to the City Council, after determining if any additional revisions are appropriate based on the testimony received as part of the public hearing on this matter. Should the Commission follow staff's recommendation, staff has prepared revised resolutions recommending approval of ZTA 04 -3 and ZC 04 -1 to the City. Council. Please refer to Attachment 1 to review the revised resolution regarding Zone Text Amendment 04 -3. There are no proposed revisions to the resolution regarding Zone Change 04 -1. I 7 ., / / / i* `9 7 Whitte '•erg Director / II epartment of Development Services - Attachments: (1) Attachment 1: Revised Proposed Planning Commission Resolution No. 04 -43, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of Zone Text Amendment 04 -3, Amending Articles 3, 4, 5, 7., 8, 10, 18 and 23 of ZTA 04- 3.Bridgeport Standards.PC Staff Report.Addendwn 2 • Addendum Planning Commission Staff Report Zone Text Anzendnzent 04 -3 and Zone Change 04 -1 • RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards August 18,2004 Title 28 of the Code of the City of Seal Beach to Change of Title of the current Residential Low Density (RLD) Zoning Provisions (Section 28 -400 Through 28 -407) to Residential Low Density — 5000 (RLD - 5000); to Establish the Residential Low Density — 3000 (RLD - 3000) Zone, Sections 28 -450 through 28 -456; and to Make Other Conforming Amendments Note: Only the pages of the proposed resolution that have changes are provided as the attachment. * * * * • • ZTA 04- 3.Brideeport Standards.PC Staff Report.Addendum 3 Addendum Planning Commission Staff Report Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards August 18,2004 ATTACHMENT 1 REVISED PROPOSED PLANNING COMMISSION RESOLUTION NO. 04 -43, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY. COUNCIL APPROVAL OF ZONE TEXT AMENDMENT 04 -3, AMENDING ARTICLES 3, 4, 5, 7, 8, 10, 18 AND 23 OF TITLE 28 OF THE CODE OF THE CITY OF SEAL BEACH TO CHANGE OF TITLE OF THE CURRENT RESIDENTIAL LOW DENSITY (RLD) ZONING PROVISIONS (SECTION 28 -400 THROUGH 28 -407) TO RESIDENTIAL LOW DENSITY - 5000 (RLD - 5000); TO ESTABLISH THE RESIDENTIAL LOW DENSITY - 3000 (RLD - 3000) ZONE, SECTIONS 28 -450 THROUGH 28 -456; AND TO MAKE OTHER CONFORMING AMENDMENTS NOTE: ONLY THE PAGES OF THE PROPOSED RESOLUTION THAT HAVE CHANGES ARE PROVIDED AS THE ATTACHMENT. ZTA 04- 3.Bridgeport Standards.PC Staff Report.Addendu n 4 Addendum Planning Commission Staff Report Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards August 18,2004 B. Density. lot area per dwelling unit: 3,000 sq. ft. C. Minimum floor area: Primary Dwelling Units 1,200 sq. ft. Efficiency Second Dwelling Units 150 sq. ft. One - Bedroom Second Dwelling Units 400 sq. ft. Two- or more Bedroom Second Dwelling Units 600 sq. ft. D. Maximum height, main building and Second Dwelling Units: refer to Tables 1 through 3 • E. Maximum height, accessory building: 15 ft. F. Landscaping: refer to Tables 1 through 3 G. Maximum floor area for Second Dwelling Units: Detached Second Units 800 sq. ft. Attached Second Units 30% of existing Primary Dwelling Unit living area • H. Maximum lot coverage: Q.® 67% I. Yard Dimensions (Minimums): refer to Tables 1 through 3 Section 28 -452. Required Parking, Parking Space Size, Form and Type. A. Parking Dimensions per space: 10 ft. x 20 ft. 9 ft. x 20 ft. interior dimensions B. Number of spaces per unit: (1) Primary Dwelling Units: (a) Tract 9814. refer to Table 3 (b) All other tracts 2 (2) Second Dwelling Units: 1 per Efficiency Second Dwelling Unit or per bedroom for non - Efficiency Second Dwelling Units Notwithstanding the foregoing, the City may require that a One - Bedroom Second Dwelling Unit have 2 parking spaces if the City detennines that the additional parking requirement is directly related to the use of the second unit and is consistent ZTA 04- 3.Bridgeport Standards.PC Staff Report.Addendum 5 • Addendum Planning Commission Staff Report Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards August 18,2004 RLD - 3000 Zone Specific Tract Development Standards • TABLE 1 - TRACT 6345 Development Standard Required Standard Building Setbacks: Front Yard: First Floor 6 feet — Lot 30 and 31. 8 feet — All remaining lots. Front Yard: Second Floor 50 feet. Rear Yard 2 feet. Interior Side Yard 6 feet on one side — opposite side yard is 0 -foot minimum • setback. Street Side Yard 3 feet. Maximum Height Limit: 25 feet overall — 10 feet at Zero Side Yard for single story portion of residential structure, 12 feet at Zero Side Yard for two -story portion of. residential structure. Number of Stories: 2 -Story Lots — Maximum of 24 -1ots. Allowable Floor Areas: First Floor 1,250 square feet minimum. Second Floor 300 square feet minimum; 800 square feet maximum. Fence Height: 3 feet in front yard setback area. 8 feet outside of front yard setback area. Projections: Chimney 2 feet into required interior side yard: not exceeding 6 feet in length (Chimney projection not allowed in front, rear, or exterior side yard). Roof eaves — Rear Yard 1 foot into public alley (includes garage door in open position). Required landscaping: 40% of required Front Yard. ZTA 04- 3.Biidgeport Standards.PC Staff Report.Addendu n 6 Addendum Planning Commission Staff Report Zone Text Amendment 04 -3 and Zone Change 04 -1 RLD - 5000 and RLD - 3000 Zoning Standards - Bridgeport Development Standards August 18,2004 RLD - 3000 Zone Specific Tract Development Standards TABLE 2 TRACT 6346 Development Standard Required Standard Building Setbacks: Front Yard: First Floor 8 feet — All lots except Lots 1 and 6. 7 feet — Lot 1; 4 feet — Lot 6. Front Yard: Second Floor 50 feet. Rear Yard 2 feet. Interior Side Yard 6 feet. Opposite Side Yard 0 feet. Street Side Yard 3 feet. Height Limit: 25 feet overall — 10 feet at Zero Side Yard for single story portion of residential structure, 12 feet at Zero Side Yard for two—stonyy portion of residential structure. Number of Stories: 2 -Story Lots — Maximum of 38 lots. Allowable Floor Areas: First Floor 1,250 square feet minimum. Second Floor 300 square feet minimum; 800 square feet maximum. Fence Height: 3 feet in front yard setback area. 8 feet outside of front yard setback area. Projections: Chimney 2 feet into required interior side yard: not exceeding 6 feet in length (Chimney projection not allowed in front, rear, or exterior side yard). Roof eaves — Rear Yard 1 foot into public alley (includes garage door in open position). • ZTA 04- 3.Bridgeport Standards.PC Staff Report.Addendum 7