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HomeMy WebLinkAboutCC AG PKT 2003-04-14 #GG AGENDA REPORT DATE April 14, 2003 TO Honorable Mayor and City Council THRU John B Bahorski City Manager FROM Lee Whittenberg, Director of Development Services SUBJECT PUBLIC HEARING -- NEGATIVE DECLARATION 03 -1, GENERAL PLAN AMENDMENT 03 -1, ZONE CHANGE 03 -1 and ZONE TEXT AMENDMENT 03 -1 - SEAL BEACH BOULEVARD L -C ZONE REVISIONS SUMMARY OF REQUEST After receiving all public testimony and considering the recommendations of the Planning Commission the City Council has the following options 1) Adopt Negative Declaration 03 -1, and Approve General Plan Amendment 03 -1, Zone Change 03 -1, and Zone Text Amendment 03 -1 as recommended by the Plannmg Commission and adopt the appropriate resolutions and introduce the appropriate ordinances, as provided as Attachments 1 through 4, and as may be further modified based upon City Council determmations after concluding the public hearing 2) Refer the recommendations back to the Planning Commission for reconsideration if new, matenal infoiination is presented which was not considered by the Planning Commission, or if additional provisions are proposed to be added to the General Plan Amendment, Zone Change or Zone Text Amendment that were not considered by the Plannmg Commission BACKGROUND Background on Curl ent Revision Process On July 8, 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L C zoned areas on Seal Beach Boulevard The Planning Department held Public Information Meetings to discuss the AGENDA ITEM ( C \Documents and Settings \LWluttenberg \My Documents\Zone Change \ZC Oi 1 &. ZTA 03 1 CC Statf Report SBB Residernal Uses dot, \LW \02 2) 0.) Negative Declai ation 0i 1 General Plan Amend anent 03 1 Zone Change 03 1 and Zone Teit Amendment 03 1 Seal Beach Boulevm d Limited Commet cud Zone Revisions City Council Staff Repot t Apt cl 14 2003 direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 Based on the discussions at those i_nfoiuiation meetings staff prepared the requests as presented, and as modified by the deteinnnations of the Planning Commission based on comments received dunng the Planning Commission public heanng The Planning Commission conducted a public heanng on March 5, 2003 on the subject matters The Commission received public comments on the Draft Negative Declaration and the subject General Plan Amendment, Zone Change and Zone Text Amendment The Commission detecnnned to recommend approval of the subject general plan amendments, zone change and zone text amendment on 5 -0 votes Copies of the Planning Commission Staff Reports, meeting minutes, adopted resolutions and Negative Declaration 03 -1 regarding these matters are provided as Attachments 5 through 10 for the infotivation of the City Council The requests being considered, in the opinion of staff, generally confozni to the expressed desires of the majority of persons that attended the infolination meetings FACTS ❑ The Planning Commission held a duly noticed public heanng on March 5 2003 to receive public comments on Draft Negative Declaration 03 -1 and to consider approval of General Plan Amendment 03 -1 Zone Change 03 -1 and Zone Text Amendment 03- 1 At the public heanng 7 persons spoke regarding the subject requests ❑ After receiving all public testimony on March 5 2003, the Planning Commission closed the public heanng and after discussion, voted to adopt Planning Commission Resolutions 03 -11, 03 -12, and 03 -13, approving the subject general plan amendment, zone change, and zone text amendment, respectively, on 5 -0 votes ❑ The subject requests are all legislative matters pursuant to California plannmg law and the Planning Commission serves as an advising body to the City Council on these matters The matters are now before the City Council for consideration at a public hearing ❑ The Planning Commission recommendation includes a recommendation to change the designation of the "Lunrted Commercial ' zone to "Limited Commercial/Residential Medium Density ", and staff has included that recommendation m the proposed General Plan Amendment, Zone Change, and Zone Text Amendment adoption documents as appropnate Please refer to Attachment 2 through 4 PROJECT OBJECTIVE ZC 03 1 & ZTA 03 1 CC Staff Report SBB Residential Uses 2 r Negative Declat anon 03 -1 Gene' al Plan Amendment 0.3 1 Zone Change 0J 1 and Zone TeCt 4mendment 03 1 Seal Beach Boulevai d Limited Commei cial Zone Revisions City Council Staff Repo/ t 41311114 2003 The Planning Commission has identified the project objective of allowing for greater flexibility in the allowable land uses within the `Limited Commercial" General Plan Land Use Element land use designation and the `Limited Commercial" provisions of the Seal Beach Zoning Ordinance In 1992 the City established the "Limited Commercial" General Plan Land Use Element land use designation and the `Limited Commercial" provisions of the Seal Beach Zoning Ordinance in an attempt to encourage pnvate revitalization of the subject properties along Seal Beach Boulevard Pnor to 1992 the properties were located in a ' General Commercial" Land Use Element and Zoning designation and no new commercial development had occurred in the area m over 20 years The 1992 revisions were adopted to encourage a range of mixed use developments, including new residential development It was hoped the ability to also construct residential land uses in conjunction with a commercial or office use would serve as an additional incentive for private revitalization efforts Those efforts have not been successful and the City is now proposing to allow a free standing residential development in the area PROJECT OVERVIEW Please refer to the Planning Commission staff reports and minutes of March 5, 2003 to review the proposed General Plan Amendment Zone Change and Zone Text Amendment in detail Provided below is a summary of the recommended actions of the Planning Commission ❑ General Plan Land Use and Housing Element Revisions ❑ The Land Use Element of the General Plan discusses "Limited Commercial Land Use' and generally indicates "Businesses would be located at sti eet level with residences up above on the second story The Task Foi ce has identified this type of land use as an altei native which deserves fill ther consideration ' ❑ It is necessary to amend the language of this portion of the Land Use Element to reflect the appropnateness of residential use within this area without being developed in conjunction with a business ❑ This revision is necessary in order to comply with the consistency provisions of State law regarding General Plans and Zoning Map and Ordinances ❑ Revise the Land Use Designation and Land Use Map from ' General Commercial to `Limited Commercial /Residential medium Density" for the subject properties located north of Landing Avenue, revise the Land Use Designation and revise certain tables in the Land Use and Housing Elements to reflect the change in acres of the proposed land use and zoning designations ZC 0., 18 ZTA 1 CC Stall Report SBB Residential Uses 3 IVegative Declat anon 03 1 Genet al Plan Amendment 03 1 Zone Change 03 1 and Zone Te't Amendment 03 -1 Seal Beach Boulevcnd Limited Commetcia! Zone Revisions City Council Staff Repot t Aprill4 2003 ❑ Please refer to Attachment 2 to review the proposed City Council Resolution to be adopted regarding the General plan Amendments in concurrence with the recommendations of the Planning Commission ❑ Zone Change Request ❑ The properties proposed to be changed from C -2 to L -C /RMD, generally known as 303, 307, and 309 Seal Beach Boulevard, are located in the General Commercial (C -2) zone All of the parcels are rectangular in shape, and all parcels are 103 32 feet in depth The three parcels have a total street frontage on Seal Beach Boulevard of 125 -feet The total area of these three parcels is 12,915 square feet ❑ The C -2 zoned properties are currently developed with iesidential uses and are therefore legal, non- conforruing due to use, as the C -2 Zone does not allow residential uses ❑ The properties currently zoned L C are proposed to be changed to the L C /RMD designation, as recommended by the Planning Commission ❑ These revisions are necessary in order to comply with the consistency provisions of State law regarding General Plans and Zoning Map and Ordinances, assuming the proposed General Plan Land Use and Housing Element Amendments are approved by the City Council ❑ Please refer to Attachment 3 to review the proposed ordinance to be introduced regarding the requested zone change in concurrence with the Planning Commission recommendations ❑ Zone Text Amendment Request ❑ The text of Article 11 5 Limited Commercial Zone, Section 28 -1150 and 28- 1151 requires revisions to allow new residential construction as a permitted use in the L -C Zone Currently new residential uses are permitted only in conjunction with a new commercial or office use Revisions will be proposed throughout the L -C zone provisions to reflect this proposed amendment to the permitted uses and development standards ❑ It is necessary to amend the language of this portion of the Zoning Ordinance to reflect the appropriateness of residential use within this area without being developed in conjunction with a business ❑ This revision is necessary in order to comply with the consistency provisions of State law regarding General Plans and Zoning Map and Ordinances ❑ The proposed revisions will establish residential only development standards in conformance with the existing Residential Medium Density (RMD) standards, with the exception of the front yard setback requirements, the front yard setback requirements is proposed to be the same as for the Residential High Density (RHD) Zone ❑ This will conform any future stand -alone residential development within the L -C /RMD Zone to that of the adjoining residential properties to the west and north The front yard setback provision will allow for an average setback, ZC 0J 1 8. ZTA 0i 1 CC Stitt Rtpoit SBB Residential Usts 4 Negative Declaration 03 I General Plan Amendment 03 1 Zone Change 03 1 and Zone Tect -lrnendinent 03 I Seal Beach Boulevard Limited Commercial Zone Revisions City Council Staff Repot t April 1-I 2003 which is not allowable under the provisions of the Residential Medium Density (RMD) standards ❑ Please refer to Attachment 4 to review the proposed ordinance to be introduced regarding the requested zone text amendment in concurrence with the Planning Commission recommendations IMPACT ON EXISTING LEGAL NON - CONFORMING LAND USES A concern has previously been expressed regaiding the impact of the proposed amendments set forth above on the status of existing properties located in both the existing `Limited Commercial" and the "General Commercial" Land Use and Zoning Designations The provisions regarding non - conforming uses are set forth in Article 24, General Provisions, Conditions and Exceptions, Nonconfonning Buildings and Uses Existing Residential, Commercial and Mixed -Use Uses within Impacted Area ❑ Residential Only Uses of Property Since the majonty of the properties in the subject area are developed with iesidential uses, those uses are all considered to be legal, non - conforming as the previous and current zoned C -2 and L -C properties did not allow for only residential construction ❑ Currently existing mixed -use commercial and residential uses may be legal non- conforming or conforming, depending as to whether those uses would comply with the current mixed -use development standards of the L -C zone ❑ Currently existing commercial uses may be legal non - conforming or conforming, depending as to whether those uses would comply with the current mixed -use development standards of the L -C zone Code Provisions regarding the Ability to Reconstruct Damaged or Destroyed Nonconforming Structures ❑ Section 28 -2406 A of the Code indicates that all nonconfonnmg structures, residential or commeicial in nature, damaged or destroyed to the extent of not more than 50% may be restored and used in the manner as existed pnor to the damage or destruction ❑ Section 28 -2406 B of the Code provides that residential structures and uses damaged or destroyed more than 50% may be reconstructed upon meeting certain ZC I & ZT4 03 t CC Statt Report SBB Residential Uses 5 Negative Declaiation 03 1 Genet al Plan 4mendment 03 1 Zone Change 0i I and Zone Te-ct Amendment 03 1 Seal Beach Boulevard Limited Commercial Zone Revisions Citv Council Staff Repot t April14 2003 cntena and subject to either an administrative staff review and approval or the Planning Commission approval of a minor plan review ❑ Section 28 -2406 C of the Code provides that non - residential structures and uses damaged or destroyed more than 50% may be reconstructed upon meeting certain cntena and subject to approval or the Planning Commission approval of a minor plan review None of the proposed actions regarding the General Plan Amendments, Zone Change, or Zone Text Amendment will revise these provisions or change their applicability to the subject properties The text of the above - referenced provisions of the Code are provided as Attachment 7 to the March 5 2003 Planning Commission Staff Report for the information of the Council FISCAL IMPACT Minimal impact to city receipt of property tax revenues based on additional valuation if the proposed land use amendments result in additional construction activity within the subject area Small potential for increase in sales tax revenues RECOMMENDATION Adopt Negative Declaration 03 -1, and Approve General Plan Amendment 03 -1, Zone Change 03 -1, and Zone Text Amendment 03 -1 as recommended by the Planning Commission, and introduce the appropnate oidinances and adopt the appropnate resolutions, as provided in Attachments 1 through 4 and as may be further modified based upon City Council deteiiiimations after concluding the public heanng NOTED AND ; PPROVED , 411 fee Whittenberg John B > ahorski Director of Development Service City .nager Attachments (10) Attachment 1 Resolution Number , A Resolution of the City Council of the City of Seal Beach Adopting Negative Declaration No 03 -1, Relating to General Plan Amendment 03 -1, Zone Change 03 -1 and Zone Text Amendment 03 -1, in the City of Seal Beach, California ZC 0 1 S ZTA 0i 1 CC Stall Rcpoit SBB Residential Uses 6 Vegattve Declar anon 0) 1 Gener al Plan Amendment 03 1 Zone Change 0D 1 and Zone Telt Amendment 03 1 Seal Beach Boulevar d Limited Commercial Zone Revisions Cm Council Staff Report April 14 2003 (Seal Beach Boulevard Between Electnc Avenue to 125 Feet North of Landing Avenue) Attachment 2 Resolution Number , A Resolution of the City Council of the City of Seal Beach Approving General Plan Amendment 03 -1 Amending the Land Use and Housing Elements (Limited Commercial /Medium Density Residential General Plan Revisions) Attachment 3 Ordinance Number , An Ordinance of the City of Seal Beach Adopting Zone Change 03 -1, Changing the Zoning Designation from General Commercial (C 2) and Limited Commercial (L -C) to Limited Commerc,tal /Residential Medium Density (L C/RMD) at 209 through 309 Seal Beach Boulevard Attachment 4 Ordinance Number , An Ordinance of the City of Seal Beach Changing the Designation of the Limited Commercial (L C) Zone to the Limited Commercial /Residential Medium Density (L C /RMD) Zone and Revising the Development Standards of the Limited Commercial /Residential Medium Density (L- C/RMD) Zone (Zone Text Amendment No 03 -1) Attachment 5 Planning Commission Resolutions 03 -11, 03 -12, and 03- 13 adopted March 5 2003 re General Plan Amendment 03 -1 Zone Change 03 -1, and Zone Text Amendment 03 1, respectively Attachment 6 Planning Commission Minutes of March 5, 2003 Attachment 7 General Plan Amendment 03 -1 Zone Change 03 -1, and Zone Text Amendment 03 -1 - Planning Commission Staft Report, dated March 5, 2003, with all Attachments Attachment 8 General Plan Amendment 03 -1, Zone Change 03 -1, and Zone Text Amendment 03 -1 - Planning Commission Supplemental Staff Report, dated March 5 2003, with all Attaclunents Attachment 9 Communications received re Negative Declaration 03 -1 ZC 1 @ ZT.-, 0.) 1 CC Staff Report SBB Residenu 'il Uscs 7 Negative Declaration 03 1 Genei al Plan Amendment 03 1 Zone Change 03 1 and Zone TeCt Amendment 03 1 Seal Beach Boulevai d Limited Commercial Zone Revisions City Council Staff Repoi t Api 11 14 2003 Attachment 10 Negative Declaration 03 -1 Note Previously provided to City Council Not provided with Staff Report due to length, 67 pages Copies are available at the Department of Development Services for review and will be available at the City Council Public Heanng ZC 0_> 1 & ZTA Oi 1 CC Staff Report SBB Residential Uses 8 Negative Declai ation 03 1 General Plan Amendment 03 1 Zone Change 03 -1 and Zone Text Amendment 03 1 Seal Beach Boulevai d Lunited Commei coal Zone Revisions City Council Staff Repoi t Apt it 14 2003 ATTACHMENT 1 RESOLUTION NUMBER , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION NO 03 -1, RELATING TO GENERAL PLAN AMENDMENT 03 -1, ZONE CHANGE 03 -1 AND ZONE TEXT AMENDMENT 03 -1, IN THE CITY OF SEAL BEACH, CALIFORNIA (SEAL BEACH BOULEVARD BETWEEN ELECTRIC AVENUE TO 125 FEET NORTH OF LANDING AVENUE) ZC 0., 1 & ZTA 03 1 CC Staff Report SBB Residential Uses 9 Negative Declai anon 03 1 Genet al Plan Amendment 03 1 Zone Change 03 -1 and Zone Teit Amendment 03 1 Seal Beach Boulevai d Lunited Commei cial Zone Revisions City Council Staff Repot t Apt 1114 2003 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION NO 03 -1, RELATING TO GENERAL PLAN AMENDMENT 03-1, ZONE CHANGE 03 -1 AND ZONE TEXT AMENDMENT 03 -1, IN THE CITY OF SEAL BEACH, CALIFORNIA (SEAL BEACH BOULEVARD BETWEEN ELECTRIC AVENUE TO 125 FEET NORTH OF LANDING AVENUE) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RES OLVE Section 1 On July 8, 2002 the City Council authorized initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard The Planning Department held "Public Infoi_niation Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 Section 2 Pursuant to 14 Calif Code of Regs § 15025(a) and §§ II C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which was circulated for public review and comment from August February 14, 2003 to March 17, 2003, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines The Negative Declaration was reviewed by the Planning Commission at a public hearing held on March 5, 2003 in relation to the subject land use proposals The Negative Declaration was reviewed by the City Council at a public hearing held on Apnl 14, 2003 in relation to the subject land use proposals Section 3 A duly noticed public heanng was held before the Planning Commission on March 5, 2003 to consider the subject land use applications At the public heanng, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said land use applications ZC 03 1 R, ZTA 03 1 CC Stan Report SBB Residential Uses 10 Negative Declaration 03 1 General Plan Amendment 03 1 Zone Change 03 -1 and Zone Telt Amendment 03 1 Seal Beach Boulevai d Limited Cornmer cial Zone Revisions City Council Staff Repo/ t April 14 2003 Section 4 A duly noticed public heanng was held before the City Council on Apnl 14, 2003 to consider the subject land use applications At the public heanng, the City Council invited and considered any and all testimony offered in favor or opposition to said revised applications Section 5 The record of the hearings before the Planning Commission and City Council indicates the following (a) The City of Seal Beach seeks to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard (b) On July 8, 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard (c) The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 (d) Based on the input from the ` Public Information Meetings ", Planning Department staff prepared the appropriate Initial Study/Negative Declaration for review and comments in accordance with the provisions of the California Environmental Quality Act (e) A mixture of single family and multi - family residential uses in the Residential Medium and Residential High Density (RMD and RHD) zones abuts the subject area to the west and south Directly across Seal Beach Boulevard, to the east, is the main ship loading facilities for the Seal Beach Naval Weapons Station in the Public Land Use /Recreation (PLU /R) Zone North of the subject area along Seal Beach Boulevard are new single - family residences in the RMD zone This residential development was previously zoned C -2 (f) The City has previously approved revisions to the Land Use Element and a zone change regarding the "Shore Shop" properties located north of Landing Avenue along Seal Beach Boulevard The City adopted `Negative Declaration 98 -3 — Anaheim Bay Villas — General Plan Land Use Element Amendment and Zone Change from General Commercial Land Use Element designation and C -2 Zone to Residential Medium Density Land Use Element designation and Residential Medium Density (RMD) Zoning designation" This Negative Declaration evaluated potential impacts for a General Plan Land Use Element Arnendment and Zone Change to allow for the construction of 9 residences immediately to the north of the 3 properties currently located in the C -2 zone north of Landing Avenue The accompanying zone change ZC 03 1 R. ZTA 03 I CC Staff Report SBB Residential Uses 1 1 Negative Declai ation 03 -1 Gene/ al Plan Amendment 03 1 Zone Change 03 1 and Zone Teti Amendment 03 1 Seal Beach Boulevai d Limited Commei cial Zone Revisions City Council Staff Repo, t April 14 2003 request was approved by the City, the California Coastal Commission, and 8 of the 9 permitted homes have been constructed (g) The proposed residential development standards would permit a density of 17 4 units per acre, or 1 unit for each 25 -foot wide lot within the project area Many of the properties are currently developed with existing legal, non - conforming multiple- family residential properties, and it is not anticipated that these developments would be removed for the replacement with single - family residences, due to the economic factors involved with high rental rates in this area of the City (h) If all of the existing legal non - conforming multiple - family residential unit developments (50 units) were to demolished and replaced with allowable new single family units only (approximately 27 units), the area would expenence a net loss of 23 units, resulting in a net population loss to this area of the community, and a maximum potential loss of 0 16% of the total number of housing units within the City (1) Staff has prepared an Initial Study and proposed Negative Declaration as required by the California Environmental Quality Act Staff has received three comment letters, with the County of Orange indicating "The City may wish to zone this stnp "recreation/open space" to accommodate the bikeway and associated landscaping " The area being discussed in the County letter is the "existing or proposed Class I (paved off -road) bikeway along the west side of Seal Beach Boulevard within the project site " The Class I bikeway is along the east side of Seal Beach Boulevard and is located on public nght -of -way, and public nghts -of -ways are not placed into zoning categones The other commenting agencies, the Southern California Association of Governments and the Governor's Office of Planning and Research, expressed no concern with the proposal 0) No new information was brought forward at the public heanng with regard to potential environmental impacts that was not addressed in the Initial Study Section 6 The City Council affirms that it independently reviewed Negative Declaration No 03 -1 prior to acting on the applications and hereby finds as follows (a) Negative Declaration No 03 -1 was prepared by staff and therefore reflects the independent judgment of the City of Seal Beach, and (b) There is no substantial evidence in the record, which would support a fair argument that approval of the subject land use applications might have a significant environmental impact Section 7 Based on the foregoing Sections 1 through 6, the City Council hereby adopts Negative Declaration 03 -1 in compliance with the California ZC Oi 1 & ZTA 03 1 CC Statt Report SBB Residential Uses 12 Negative Decla, ation 03 1 Gene; al Plan Amendment 03 I Zone Change 03 1 and Zone Text Amendment 03 1 Seal Beach Boulevard Limited Comore;ctal Zone Revisions C;tv Council Staff Report Ap;;114 2003 Environmental Quality Act PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of 2003, by the following vote AYES Councilmembers NOES Councilmembers ABSENT Councilmembers ABSTAIN Councilmembers Mayor ATTEST City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the onginal copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 2003 City Clerk ZC 0.) 1 8. ZTA 03 1 CC Staff Report SBB Residential Uses 13 Negative Declai ation 03 1 Genei al Plan Amendment 03 1 Zone Change 03 -1 and Zone Tett Amendment 03 1 Seal Beach Boulevai d Limited Commei cial Zone Revisions City Council Staff Repo, t Api it 14 2003 ATTACHMENT 2 RESOLUTION NUMBER , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 03 -1, AMENDING THE LAND USE AND HOUSING ELEMENTS (LIMITED COMMERCIAL /MEDIUM DENSITY RESIDENTIAL GENERAL PLAN REVISIONS) ZC 03 1 R ZTA 03 1 CC Staff Report SBB Residential Uses 14 Negative Declar ation 03 1 Gene, al Plan Amendment 03 1 Zone Change 03 -1 and Zone Tett Amendment 03 1 Seal Beach Boulevar d Limited Cornmer cial Zone Revisions City Council Staff Repo, t April 14 2003 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 03-1, AMENDING THE LAND USE AND HOUSING ELEMENTS (LIMITED COMMERCIAL/ RESIDENTIAL MEDIUM DENSITY GENERAL PLAN REVISIONS) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RES OLVE Section 1 On July 8, 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard The Planning Department held "Public Information Meetings' to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 Based on the discussions at those information meetings staff has proceeded with the request as presented Section 2 Pursuant to 14 Calif Code of Regs § 15025(a) and §§ II C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which was circulated for public review and comment from August February 14, 2003 to March 17, 2003, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines The Negative Declaration was reviewed by the Planning Commission at a public heanng held on March 5, 2003 in relation to the subject land use proposals The Negative Declaration was reviewed and adopted by the City Council at a public hearing held on April 14, 2003 in relation to the subject land use proposals Section 3 A duly noticed public heanng was held before the Planning Commission on March 5, 2003 to consider the subject applications At the public heanng, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said applications Section 4 A duly noticed public hearing was held before the City Council on Apnl 14, 2003 to consider the subject applications At the public heanng, the ZC OJ 1 8. ZT 0i 1 CC Staff Report SBB Residential Uses 15 Negative Declar atron 03 1 Gene, al Plan Amendment 03 1 Zone Change 03 1 and Zone Tert 4mendment 03 1 Seal Beach Boulevar d Limited Commer coal Zone Revisions City Council Staff Repo' t April 14 2003 City Council invited and considered any and all testimony offered in favor or opposition to said applications Section 5 The record of the heanngs indicates the following (a) The City of Seal Beach seeks to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard (b) On July 8, 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard (c) The Planning Department held "Public Infonnation Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 (d) A mixture of single family and multi- family residential uses in the Residential Medium and Residential High Density (RMD and RHD) zones abuts the subject area to the west and south Directly across Seal Beach Boulevard, to the east, is the main ship loading facilities for the Seal Beach Naval Weapons Station, in the Public Land Use /Recreation (PLU /R) Zone North of the subject area along Seal Beach Boulevard are new single- family residences in the RMD zone This residential development was previously zoned C -2 (e) The City has previously approved revisions to the Land Use Element and a zone change regarding the "Shore Shop' properties located north of Landing Avenue along Seal Beach Boulevard The City adopted ' Negative Declaration 98 -3 — Anaheim Bay Villas — General Plan Land Use Element Amendment and Zone Change from General Commercial Land Use Element designation and C -2 Zone to Residential Medium Density Land Use Element designation and Residential Medium Density (RMD) Zoning designation" This Negative Declaration evaluated potential impacts for a General Plan Land Use Element Amendment and Zone Change to allow for the construction of 9 residences immediately to the north of the 3 properties currently located in the C -2 zone north of Landing Avenue The accompanying zone change request was approved by the City, the California Coastal Commission, and 8 of the 9 permitted homes have been constructed (0 The proposed residential development standards would peiiiut a density of 17 4 units per acre, or 1 unit for each 25 -foot wide lot within the project area Many of the properties are currently developed with existing legal, non - conforming multiple- family residential properties, and it is not anticipated that these developments would be removed for the replacement with single - family residences, due to the economic factoi s involved with high rental rates in this area of the City ZC 03 1 ZTA 0i 1 CC Statt Report SBB Residential Uses 16 Negative Declai anon 03 1 Genes al Plan Amendment 03 1 Zone Change 03 1 and Zone Tert Amendment 03 1 Seal Beach Boulevai d Limited Commei ctal Zone Revisions City Council Staff Repoi t April 14 2003 (g) If all of the existing legal non- confoiiuing multiple - family residential unit developments (50 units) were to demolished and replaced with allowable new single family units only (approximately 27 units), the area would expenence a net loss of 23 units, resulting in a net population loss to this area of the community, and a maximum potential loss of 0 16% of the total number of housing units within the City Section 6 Based upon substantial evidence in the record of the Planning Commission and City Council heanngs regarding the application, including the facts stated in § 5 of this resolution, and in the environmental documentation prepared in conjunction with this project, and pursuant to §§ 28 -2600 and 28 -2602 of the City's Code, the City Council hereby finds that General Plan Land Use Element Amendment 03 -1 will be beneficial to the short term and long term land use goals of the City of Seal Beach The City Council further finds that approval of the subject applications will promote the public health, safety and welfare Therefore, the City Council finds that the requested amendments to the General Plan Land Use Element of the City of Seal Beach will be in the public interest, and makes the following findings of fact (a) The proposed General Plan Amendments will conform land uses to the goals and policies of the Land Use Element for the subject area, as revised, and provides for a comprehensive development option which accomplishes the following goals of the City in achieving sustainable development on the subject property 1 Creates a land use classification that is compatible and consistent with the prevailing pattern of land uses in the immediate vicinity 2 Promotes the general integrity of the neighborhood by allowing for a combination of both retail, office and residential uses that are intended to encourage revitalization of the subject properties 3 Creates a comprehensive development program for under- utilized and potentially incompatible properties (b) The City Council has identified the project objective of allowing for greater flexibility m the allowable land uses within the "Limited Commercial" General Plan Land Use Element land use designation and the "Limited Commercial" provisions of the Seal Beach Zoning Ordinance (c) In 1992 the City established the "Limited Commercial" General Plan Land Use Element land use designation and the "Limited Commercial" provisions of the Seal Beach Zoning Ordinance in an attempt to encourage pnvate revitalization of the subject properties along Seal Beach Boulevard Pnor to 1992 the properties were located in a "General Commercial' Land Use Element and Zoning designation, and no new commercial development had occurred in the area in over 20 years ZC 03 1 & ZTA 0.) 1 CC Staff Report SBB Residential Uses 17 Negative Declar ation 03 -1 General Plan Amendment 03 1 Zone Change 03 1 and Zone Text Amendment 03 1 Seal Beach Boulevar d Limited Commer cial Zone Revisions City Council Staff Repo, t April 14 2003 (d) The 1992 revisions were adopted to encourage a range of mixed - use developments, including new residential development It was hoped the ability to also construct residential land uses in conjunction with a commercial or office use would serve as an additional incentive for pnvate revitalization efforts Those efforts have not been successful, and the City is now proposing to allow a free - standing residential development in the area also (e) The proposed amendments to the "Limited Commercial' Land Use designations and Zoning provisions, and the necessary General Plan Amendments, 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 amendment is consistent with the General Plan, as amended Section 7 Based on the foregoing Sections 1 through 6, the City Council hereby approves General Plan Amendment 03 -1 Amending the Land Use and Housing Elements, as set forth below 1 Revise Page 22 and 23 of the Land Use Element to read as follows "COMMERCIAL LAND USE 1 LIMITED COMMERCIAL/ RESIDENTIAL MEDIUM DENSITY LAND USE The purpose of creating a mixed -use zoning standard is to develop a land use and development standard that creates a climate for renewal, encourages vehicle trip reduction and reinforces the ' village" theme The proposed development standards and guidelines will guide the orderly improvement of those areas along Seal Beach Boulevard, south of Pacific Coast Highway and north of the Electric Avenue alley that are located in the "Limited Commercial /Medium Density Residential" land use designation The development standards should provide a transition between the more intense commercial uses along Seal Beach Boulevard and the residential areas to the west The allowable uses and intensity of development permitted should be compatible with the adjoimng residential areas Current land uses along Seal Beach Boulevard located in the "Limited Commercial /Medium Density Residential" land use designation consist of a mixture of high density residential, low intensity office, small commercial uses, and vacant land The proposed development standards should act as an incentive to help renew this area and bnng about economic development to an area of the City ZC 0, 1 R. ZTA 1 CC Staff Report SBB Residential lists 18 Negative Declai ation 03 1 Gene' al Plan 4mendment 03 1 Zone Change 03 -1 and Zone Text Amendment 03 1 Seal Beach Boulevai d Lunited Coinmei cial Zone Revisions Citv Council Staff Repoi t 41,1 11 14 2003 which does not present a desirable "window" into the City A major objective of the proposed development standards should be to recognize the inherent opportunities of the area, and encourage full utilization of those opportunities In developing standards and guidelines for the area, a mixture of residential, professional office, service commercial, low intensity retail commercial, and institutional uses are contemplated The office, commercial, service and institutional uses should be restncted to those that seem to fit the size, scale, and intensity of the existing development pattern of the community The intent would be to encourage the sort of enterpnse that can be conducted without adversely impacting adjoining residential areas and to provide services that local residents would be inclined to walk to In 1992 the City established the "Limited Commercial" General Plan Land Use Element land use designation and the "Limited Commercial" provisions of the Seal Beach Zoning Ordinance in an attempt to encourage pnvate revitalization of properties along Seal Beach Boulevard Pnor to 1992 these properties were located in a "General Commercial" Land Use Element and Zoning designation, and no new commercial development had occurred in the area m over 20 years The 1992 revisions were adopted to encourage a range of mixed - use developments, including new residential development It was hoped the ability to also construct residential land uses in conjunction with a commercial or office use would serve as an additional incentive for pnvate revitalization efforts Those efforts have not been successful, and the City has also determined it is appropnate to allow for free standing residential development in the area also The City is also revising this land use designation category to "Limited Commercial /Residential Medium Density' to further clarify the additional uses of property in this land use designation to include residential uses Additionally, Anaheim Bay and ocean views are offered from the second story along Seal Beach Boulevard This is a strong marketing amenity for residential property and would provide additional ocean view homesites in the City of Seal Beach " 2 Revise the Land Use Element `Summary Table of Existing and Proposed Land Uses in Acres" by reducing the Commercial General Category by 0 3 acres and increasing the Limited Commercial /Residential medium Density Category by 0 3 ZC 0a 1 8_ ZTA 0a 1 CC Staff Report SBB Residential Uses 19 Negative Declai anon 03 -1 Genei al Plan Amendment 03 -1 Zone Change 03 1 and Zone Text Amendment 03 1 Seal Beach Boulevai d Limited Comnaei cial Zone Revisions City Council Staff Repoit April 14 2003 acres Page 15 -16 of the Land Use Element is revised accordingly to read as follows "LAND USE TABLE The following table depicts the existing and proposed land use acreage for each land use category in the General Plan Proposed/ Designation Developed Undeveloped Total Residential Low 670 6 0 0 670 6 Medium 652 5 0 0 652 5 High 161 0 0 0 161 0 Commercial Limited Commercial/ Residential Medium Density 2 6 0 0 2 6 Professional Office 0 0 0 0 0 0 Service 55 8 0 0 55 8 General 162 2 0 3 162 5 Industnal Light 126 2 0 0 126 2 Oil Extraction 28 2 0 0 28 2 Quasi - Public Golf Course 264 8 0 0 264 8 Wetlands 32 8 0 0 32 8 Public City Parks 81 4 7 0 88 4 City Schools 13 4 0 0 13 4 Flood Basin 34 7 0 0 34 7 Beaches 52 0 0 0 52 0 Police Station 1 5 0 0 1 5 Fire Stations 1 0 0 0 1 0 Civic Center 0 6 0 0 0 6 City Yard 3 0 0 0 3 0 PE R/W 82 00 82 Towne Center Greenbelt 12 4 0 0 12 4 ZC 03 1 & ZTA 03 I CC Staff Report SBB Residential Uses 20 Negative Declai ation 03 -1 Genei al Plan Amendment 03 1 Zone Change 03 1 and Zone Text Amendment 03 1 Seal Beach Boulevai d Limited Commei cial Zone Revisions Citv Council Staff Repoi t April14 2003 Military 5,000 0 0 0 5,000 0 TOTAL 7,364 5 7 3 7,371 8" 3 Revise Table 16 of the Housing Element "Seal Beach Acreage by General Plan Land Use Designations" by reducing the Commercial General Category by 0 3 acres and increasing the Limited Commercial /Residential Medium Density Category by 0 3 acres Table 16 of the Housing Element is revised accordingly to read as follows "TABLE 16 Seal Beach Acreage by General Plan Land Use Designations Proposed/ Designation Developed Undeveloped Total Residential Low 670 6 0 0 670 6 Medium 652 5 0 0 652 5 High 161 0 0 0 161 0 Commercial Limited Commercial/ Residential Medium Density 2 6 0 0 2 6 Professional Office 0 0 0 0 0 0 Service 55 8 0 0 55 8 General 162 2 0 3 162 5 Industrial Light 126 2 0 0 126 2 Oil Extraction 28 2 0 0 28 2 Quasi - Public Golf Course 264 8 0 0 264 8 Wetlands 32 8 0 0 32 8 Public City Parks 81 4 7 0 88 4 City Schools 13 4 0 0 13 4 Flood Basin 34 7 0 0 34 7 ZC 03 1 S.. ZTA 0.) 1 CC Staff Report SBB Residential Uses 21 Negative Declai ation 03 1 General Plan Amendment 03 -1 Zone Change 03 1 and Zone Teri Amendment 03 -1 Seal Beach Boulevar d Landed Commei curl Zone Revisions City Council Staff Repo' t Apr 1114 2003 Beaches 52 0 0 0 52 0 Police Station 1 5 0 0 1 5 Fire Stations 1 0 0 0 1 0 Civic Center 0 6 0 0 0 6 City Yard 3 0 0 0 3 0 PE R/W 82 00 82 Towne Center Greenbelt 12 4 0 0 12 4 Military 5,000 0 0 0 5,000 0 TOTAL 7,364 5 7 3 7,371 8" 4 The "City of Seal Beach Land Use Plan" is revised to amend the "Land Use Map' to indicate this proposed change in Land Use Designation for the three parcels northerly of Landing Avenue from "General Commercial" to "Limited Commercial /Residential Medium Density" and those properties between the Electnc Avenue Alley and Landing Avenue from "Limited Commercial" to "Limited Commercial /Residential Medium Density" as shown below Proposed General Plan Land Use Designations — General Plan Amendment 03 -1, Limited Commercial/Residential Medium Density Zonmg Revisions ZC 03 1 8,, ZTA 03 1 CC Staft Report SBB Residential Uses 22 Negative Declar anon 03 1 Gener al Plan Amendment 03 1 Zone Change 03 -1 and Zone Tert Amendment 03 1 Seal Beach Boulevar d Limited Commer c,al Zone Revisions City Council Staff Repo, t April 14 2003 cto CG <O R CG M CG � F N CG 0 R �\ CG V� CG CG M 'CG MDR CG yo , � #5. 0 � Subject pro= I tt__ '7O � Proposed General Plan Land Use Designatwns • LDR Low Density Residential v MDR Medium Density Residential 4• 0�, HDR High Density Residential a CG Commercial General LC /MDR Limited Commercial/Medium g +0 Residential O M p Public M Military 0 250 500 Feet PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of 2003, by the following vote AYES Councilmembers NOES Councilmembers ABSENT Councilmembers ABSTAIN Councilmembers ZC 03 I ZTA 0i 1 CC Staft Report SBB Residential Uses 23 Negative Declat anon 03 1 Genet al Plan Amendment 03 1 Zone Change 03 1 and Zone Text Amendment 03 1 Seal Beach Boulevat d Limited Commet cial Zone Revisions City Council Staff Repot t Api it 14 2003 Mayor ATTEST City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 2003 City Clerk ZC 03 1 & ZTA 03 1 CC Staff Report SBB Residential Uses 24 Negative Declai ation 03 1 Gene, al Plan Amendment 03 1 Zone Change 03 1 and Zone Text Amendment 03 1 Seal Bcach Boulevai d Lunited Commercial Zone Revisions City Council Staff Repoi t Aprill4 2003 ATTACHMENT 3 ORDINANCE NUMBER , AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 03 -1, CHANGING THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (C -2) AND LIMITED COMMERCIAL (L -C) TO LIMITED COMMERCIAL/RESIDENTIAL MEDIUM DENSITY (L- C/RMD) AT 209 THROUGH 309 SEAL BEACH BOULEVARD ZC 03 1 & ZTA 03 1 CC Staff Report SBB Residential Uses 25 L � Negative Declai anon 03 1 Genet al Plan Amendment 03 1 > Zone Change 03 1 and Zone Text Amendment 03 1 Seal Beach Boulevai d Limited Commei cial Zone Revisions City Council Staff Repot t Aprill4 2003 NCE NUMBER AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 03 -1, CHANGING THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (C -2) AND LIMITED COMMERCIAL (L -C) TO LIMITED COMMERCIAL /RESIDENTIAL MEDIUM DENSITY (L- C /RMD) AT 209 THROUGH 309 SEAL BEACH BOULEVARD THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS Section 1 On July 8, 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 Based on the discussions at those inforniation meetings staff has proceeded with the request as presented Section 2 Pursuant to 14 Calif Code of Regs § 15025(a) and §§ II C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which was circulated for public review and comment from August February 14, 2003 to March 17, 2003, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines The Negative Declaration was reviewed by the Planning Commission at a public heanng held on March 5, 2003 in relation to the subject land use proposals The Negative Declaration was reviewed and adopted by the City Council at a public heanng held on Apnl 14, 2003 in relation to the subject land use proposals Section 3 A duly noticed public heanng was held before the Planning Comiission on March 5, 2003 to consider the subject applications At the public heanng, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said applications Section 4 A duly noticed public heanng was held before the City Council on Apnl 14, 2003 to consider the subject applications At the public heanng, the ZC O.> 1 8 ZTA 0., 1 CC Start Report SBB Residential Uses 26 Negative Declai ation 03 -1 Genet al Plan Amendment 03 -1 Zone Change 03 1 and Zone Teit Amendment 03 1 Seal Beach Boulevai d Limited Commei cial Zone Revisions City Council StaffRepoi t April 14 2003 City Council invited and considered any and all testimony offered in favor or opposition to said applications Section 5 Based on the foregoing Sections 1 through 4, the City Council hereby approves Zone Change 03 -1, to change the zoning designation of the subject properties as indicated below (a) Those properties located at 303, 307, and 309 Seal Beach Boulevard, located north of Landing Avenue and extending 125 northerly of Landing Avenue shall be changed from C -2, Commercial General to L -C /MDR, Limited Commercial /Medium Density Residential on the Zoning Map of the City of Seal Beach, as indicated below (said properties are legally descnbed as Lots 1, 3, 5, 7, and 9, Block 217, Tract No 10) (b) Those properties located at 209 through 257 Seal Beach Boulevard, located north of the Electnc Avenue Alley and Landing Avenue shall be changed from L -C, Limited Commercial to L- C /RMD, Limited Commercial /Residential Medium Density on the Zoning Map of the City of Seal Beach, as indicated below (said properties are legally descnbed as Lots 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37, 39, 41, 43, 45, 47, 49, 51, 53, 55, 57, 59, and 61 Block 218, Tract No 10) ZC 03 1 ZTA 03 1 CC Stati Report SBB Residential Uses 27 Negative Declaration 03 -1 Genei al Plan Amendment 03 1 Zone Change 03 1 and Zone Teri` Amendment 03 1 Seal Beach Boulevm d Limited Commer cial Zone Revisions City Council Staff Repor t Apr rl 14 2003 Proposed Zoning Designations — Zone Change 03 -1 LL C2 R< O C2 E F N C2 C2 A C2 C2 C2 PLU R C2 RMD C2f 1, 0 �` RMD (ZC 98 2) r A tc 1/2 , Subiect Propert es I 9 9 Proposed Zoning Designations O 4 RLD Residential Low Density �Q V RMD Residential Medium Density 4, v RMD Residential Medium Density PLU R RHD Residential High Density l C2 General Commercial LC /MDR Limited CommerciaVMedium � �r O Density Residential PLU R Public Land Use Recreational 0 250 500 Feet Section 6 Severability If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003 ZC 03 1 &. ZTA 03 1 CC Staff Report SBB Residential Uses 28 Negative Declai ation 03 1 Genet al Plan Amendment 03 1 Zone Change 03 1 and Zone Text Amendment 03 1 Seal Beach Boulevar d Limited Commei cial Zone Revisions City Council Staff Report April 14 2003 Mayor Attest City Clerk 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 ongmal copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 2003, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2003 by the following vote AYES Councilmembers NOES Councilmembers ABSENT Councilmembers AB STAIN 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 ZC 03 1 & ZTA 03 1 CC Staff Report SBB Residential Uses 29 Negative Declaration 03 1 Gene! al Plan Amendment 03 1 Zone Change 03 1 and Zone Tezt Amendment 03 -1 Seal Beach Boulevai d Limited Comore! cial Zone Revisions City Council Staff Repoi t Api it 14 2003 ATTACHMENT 4 ORDINANCE NUMBER , AN ORDINANCE OF THE CITY OF SEAL BEACH CHANGING THE DESIGNATION OF THE LIMITED COMMERCIAL (L -C) ZONE TO THE LIMITED COMMERCIAL /RESIDENTIAL MEDIUM DENSTITY (L- C/RMD) ZONE AND REVISING THE DEVELOPMENT STANDARDS OF THE LIMITED COMMERCIAL /RESIDENTIAL MEDIUM DENSITY (L- C /R1VID) ZONE (ZONE TEXT AMENDMENT NO 03 -1) ZC Oi 1 &. ZTA Oi 1 CC Staff Report SBB Residential Uses 30 Negative Declaration 03 1 General Plan Amendment 03 1 Zone Change 03 1 and Zone Tect Amendment 03 1 Seal Beach Boulevai d Limited Commei cial Zone Revisions City Council Staff Repoi t Apia 14 2003 ORDINANCE NUMBER AN ORDINANCE OF THE CITY OF SEAL BEACH CHANGING THE DESIGNATION OF THE LIMITED COMMERCIAL (L -C) ZONE TO THE LIMITED COMMERCIAL /RESIDENTIAL MEDIUM DENSTITY (L- C /RMD) ZONE AND REVISING THE DEVELOPMENT STANDARDS OF THE LIMITED COMMERCIAL /RESIDENTIAL MEDIUM DENSITY (L- C /RMD) ZONE (ZONE TEXT AMENDMENT NO 03-1) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS Section 1 On July 8, 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 Based on the discussions at those information meetings staff has proceeded with the request as presented Section 2 Pursuant to 14 Calif Code of Regs § 15025(a) and §§ II C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which was circulated for public review and comment from August February 14, 2003 to March 17, 2003, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines The Negative Declaration was reviewed by the Planning Commission at a public heanng held on March 5, 2003 in relation to the subject land use proposals The Negative Declaration was reviewed and adopted by the City Council at a public heanng held on April 14, 2003 in relation to the subject land use proposals Section 3 A duly noticed public heanng was held before the Planning Commission on March 5, 2003 to consider the subject applications At the public heanng, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said applications ZC 03 1 8. ZTA 03 1 CC Staff Report SBB Residential Uses 3 1 Negative Declai ation 03 1 Genei al Plan Amendment 03 1 Zone Change 03 1 and Zone Text 4mendment 03 1 Seal Beach Boulevai d Limited Corinne] cad Zone Revisions City Council Staff Repoi t Api it 14 2003 Section 4 A duly noticed public heanng was held before the City Council on Apnl 14, 2003 to consider the subject applications At the public heanng, the City Council invited and considered any and all testimony offered in favor or opposition to said applications Section 5 Based on the foregoing Sections 1 through 4, the City Council hereby approves Zone Text Amendment 03 -1 Only Sections 28 -300, 28- 1150 and 28 -1151 require amendments and Section 28 -1155 F 4 is to be deleted, all other provisions of Article 11 5 remain unchanged The City Council hereby amends Section 28 -300 to revise the designation of this zoning distnct and to revise the development provisions of the Limited Commercial /Residential Medium Density (L- C /RMD) Zone as indicated below 1 Revise Section 28- 300(2)(e) to read as follows "(e) L -C/RMD Limited commercial /Residential medium density zone," 2 Revise Section 28-1150 and 28 -1151 to read as follows `Article 11 5 Limited Commercial /Residential Medium Density Zone Section 28 -1150 Declaration of Legislative Intent It is hereby declared to be the intent of the LC /RMD - Limited Commercial /Residential Medium Density Zone - to establish reasonable standards that pen and control limited commercial and office uses in conjunction with residential uses Furthermore, it is the intent of this part to A Encourage commercial, service, institutional and office uses that do not attract large volumes of traffic and continuous customer turnover B Limit and discourage development of stnp -type, highway - oriented commercial uses that create traffic hazards and congestion because they require numerous individual curb cuts and generate higher traffic volumes C Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the zone D Encourage elimination of curb cuts for vehicular access and promote moie efficient and economical parking facilities, utilizing both on- street parking, off - street parking and off -site parking facilities ZC 0., 1 R ZTA I CC Start Report SBB Residential Uses 32 Negative Dec lai ation 03 -1 Genei al Plan Amendment 03 1 Zone Change 03 1 and Zone Text Amendment 03 1 Seal Beach Boulevai d Limited Commei cial Zone Revisions City Council Staff Repoi t Api it 14 2003 E Encourage uses that minimize noise and congestion F Recognize that mixed -use developments may not be the only acceptable land use by also allowing residential development to occur as a stand -alone use within the Limited Commercial /Residential Medium Density Zone Section 28 -1151 Permitted Uses In the L -C /RMD zone, the following uses only are permitted and as hereinafter specifically provided and allowed by this article i A Retail specialty shops including, but not limited to, the sale of gifts, antiques, flowers, books, jewelry, apparel, tobacco and related supplies, or craft shops, making articles exclusively for retail sale on the premises B Personal service shops including, but not limited to, tailor, barber, beauty salon, shoe repair, dressmaking, or similar service uses C Business offices including, but not limited to, secunty and commodity brokerage, real estate sales, travel agency, employment counseling, insurance sales, advertising, mailing, and stenographic services, and other services of a similar nature D Studios for dance, art, music, photography, radio, or television E Professional offices for lawyers, engineers, architects, landscape architects, urban planners, accountants, economic consultants, doctors, dentists, chiropractors, or other practitioners of the healing arts for humans, or other professionals of a similar nature F Residential uses located only on the second floor and above, when the floors below the second floor do not contain residential uses All such residential uses shall comply with all provisions of this Article pertaining to residential development G Nursery schools, day care centers, pnvate or trade schools, outdoor play hours shall be limited to between 9 00 a m and 5 00 p m H Residential use located as a stand -alone use, not in conjunction with a permitted or conditionally pennitted non - residential use Said uses shall comply with all of the development standards for the Residential Medium Density Zone (RMD Zone), except for the ZC 03 1 & ZTA 03 1 CC Staff Report SBB Residential Uses 33 Negative Declai ation 03 -1 Genei al Plan Amendment 03 -1 Zone Change 03 -1 and Zone Text Amendment 03 1 Seal Beach Boulevai d Limited Conunei cial Zone Revisions City Council Staff Repoi t Api it 14 2003 Front Yard Setback requirements, which shall be in conformance with the development standards of the Residential High Density Zone (RHD Zone), Distnct I standard I Any use determined by the Planning Commission to be of a nature similar to the uses listed above " 3 Delete Section 28 -1155 F 4 it its entirety { Section 6 Severability If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003 Mayor Attest City Clerk 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, introduced at a meeting held on the day of , 2003, and passed, ZC 03 1 R, ZTA 03 1 CC Staff Report SBB Residential Uses 34 Negative Declai anon Oi I Gene' al Plan Amendment 03 -1 Zone Change 03 -1 and Zone Text Amendment 03 1 Seal Beach Boulevai d Limited Commercial Zone Revisions City Council Staff Repoi t Apr it 14 2003 approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2003 by the following vote 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 ZC 0, 1 & ZTA 03 1 CC Staff Report SBB Residential Uses 35 Negative Declaration 03 -1 Genet al Plan Amendment 03 I Zone Change 03 -1 and Zone Tert Amendment 0.i 1 Seal Beach Boulevai d Limited Commei cial Zone Revisions City Council Staff Report April 14 2003 ATTACHMENT 5 PLANNING COMMISSION RESOLUTIONS 03 -11, 03 -12, AND 03 -13, ADOPTED MARCH 5, 2003 RE GENERAL PLAN AMENDMENT 03 -1, ZONE CHANGE 03 -1, AND ZONE TEXT AMENDMENT 03 -1, RESPECTIVELY ZC 0, 1 K ZTA 03 1 CC Staff Report SBB Residential Uses 36 RESOLUTION NO 03 - 11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT 03 -1, AMENDING THE LAND USE AND HOUSING ELEMENTS (LIMITED COMMERCIAL GENERAL PLAN REVISIONS) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 On July 8, 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 Based on the discussions at those information meetings staff has proceeded with the request as presented Section 2 The requests being considered, in the opinion of staff, generally conform to the expressed desires of the majonty of persons that attended the information meetings Section 3 Pursuant to 14 Calif Code of Regs § 15025(a) and §§ II C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which is being circulated for public review and comment from February 11, 2003 to March 17, 2003, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines The Negative Declaration was reviewed by the Planning Commission at a public heanng held on March 5, 2003 in relation to the land use proposal Section 4 A duly noticed public heanng was held before the Planning Commission on March 5, 2003 to consider the subject applications At the public heanng, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said applications Section 5 The record of the heanngs indicates the following a) The City of Seal Beach seeks to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard C \Documents and Scttmgs \LWhlttenberg\,\ty Documents \RESO \GPA 03 1 PC Reso doc \LW\03 .11 0J Planning Commission Resolution 03 11 Genet al plan Amendment 03 1 Limited Commet ctal Genet al Plan Designation Revisions Match 5 2003 b) On July 8, 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard c) The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 d) A mixture of single family and multi - family residential uses in the Residential Medium and Residential High Density (RMD and RHD) zones abuts the subject area to the west and south Directly across Seal Beach Boulevard, to the east, is the main ship loading facilities for the Seal Beach Naval Weapons Station, in the Public Land Use/Recreation (PLU /R) Zone North of the subject area along Seal Beach Boulevard are new single - family residences in the RMD zone This residential development was previously zoned C -2 e) The City has previously approved revisions to the Land Use Element and a zone change regarding the "Shore Shop" properties located north of Landing Avenue along Seal Beach Boulevard The City adopted "Negative Declaration 98 -3 — Anaheim Bay Villas — General Plan Land Use Element Amendment and Zone Change from General Commercial Land Use Element designation and C -2 Zone to Residential Medium Density Land Use Element designation and Residential Medium Density (RMD) Zoning designation" This Negative Declaration evaluated potential impacts for a General Plan Land Use Element Amendment and Zone Change to allow for the construction of 9 residences immediately to the north of the 3 properties currently located in the C -2 zone north of Landing Avenue The accompanying zone change request was approved by the City, the California Coastal Commission, and 8 of the 9 permitted homes have been constructed f) The proposed residential development standards would permit a density of 17 4 units per acre, or 1 unit for each 25 -foot wide lot within the project area Many of the properties are currently developed with existing legal, non - conforming multiple - family residential properties, and it is not anticipated that these developments would be removed for the replacement with single - family residences, due to the economic factors involved with high rental rates in this area of the City g) If all of the existing legal non - conforming multiple - family residential unit developments (50 units) were to demolished and replaced with allowable new single family units only (approximately 27 units), the area would experience a net loss of 23 units, resulting in a net population loss to this area of the community, and a maximum potential loss of 0 16% of the total number of housing units within the City Section 6 Based upon substantial evidence in the record of the Planning Commission hearings regarding the application, including the facts stated in § 5 of this resolution, and in the environmental documentation prepared in conjunction with GPA 03 1 PC Reso 2 Planning Commission Resolution 03 11 Genei al plan Amendment 03 1 Limited Commercial General Plan Designation Revisions March ) 2003 this project, and pursuant to §§ 28 -2600 and 28 -2602 of the City's Code, the Planning Commission hereby finds that General Plan Land Use Element Amendment 03 -1 will be beneficial to the short term and long term 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 amendments to the General Plan Land Use Element of the City of Seal Beach will be in the public interest, and makes the following findings of fact a) The proposed General Plan Amendments will conform land uses to the goals and policies of the Land Use Element for the subject area, as revised, and provides for a comprehensive development option which accomplishes the following goals of the City in achieving sustainable development on the subject property 1 Creates a land use classification that is compatible and consistent with the prevailing pattern of land uses in the immediate vicinity 2 Promotes the general integrity of the neighborhood by allowing for a combination of both retail, office and residential uses that are intended to encourage revitalization of the subject properties 3 Creates a comprehensive development program for under- utilized and potentially incompatible properties b) The Planning Commission has identified the project objective of allowing for greater flexibility in the allowable land uses within the "Limited Commercial" General Plan Land Use Element land use designation and the "Limited Commercial" provisions of the Seal Beach Zoning Ordinance c) In 1992 the City established the "Limited Commercial" General Plan Land Use Element land use designation and the "Limited Commercial" provisions of the Seal Beach Zoning Ordinance in an attempt to encourage pnvate revitalization of the subject properties along Seal Beach Boulevard Pnor to 1992 the properties were located in a "General Commercial" Land Use Element and Zoning designation, and no new commercial development had occurred in the area in over 20 years d) The 1992 revisions were adopted to encourage a range of mixed use developments, including new residential development It was hoped the ability to also construct residential land uses in conjunction with a commercial or office use would serve as an additional incentive for pnvate revitalization efforts Those efforts have not been successful, and the City is now proposing to allow a free - standing residential development in the area also e) The proposed amendments to the "Limited Commercial" Land Use designations and Zoning provisions, and the necessary General Plan Amendments, will not be detnmental to the short term or long -term goals or objectives of the City of Seal GPA Oi 1 PC Reso 3 Planning Commission Resolution 03 11 Gene, al plan Amendment 03 1 Limited Commercial Gene' al Plan Designation Revisions March ) 2003 Beach and are m the interest of the public health, safety and welfare The proposed amendment is consistent with the General Plan, as amended Section 7 Based on the foregoing Sections 1 through 6, the Planning Commission hereby recommends that the City Council approve General Plan Amendment 03 -1 Amending the Land Use and Housing Elements, as set forth below 1 Revise Page 22 and 23 of the Land Use Element to read as follows "COMMERCIAL LAND USE 1 LIMITED COMMERCIAL LAND USE The purpose of creating a mixed -use zoning standard is to develop a land use and development standard that creates a climate for renewal, encourages vehicle trip reduction, and reinforces the "village" theme The proposed development standards and guidelines will guide the orderly improvement of those areas along Seal Beach Boulevard, south of Pacific Coast Highway and north of the Electnc Avenue alley that are located in the "Limited Commercial" land use designation The development standards should provide a transition between the more intense commercial uses along Seal Beach Boulevard and the residential areas to the west The allowable uses and intensity of development permitted should be compatible with the adjoining residential areas Current land uses along Seal Beach Boulevard located in the `Limited Commercial ' land use designation consist of a mixture of high density residential, low intensity office, small commercial uses, and vacant land The proposed development standards should act as an incentive to help renew this area, and bung about economic development to an area of the City which does not present a desirable "window" into the City A major objective of the proposed development standards should be to recognize the inherent opportunities of the area, and encourage full utilization of those opportunities In developing standards and guidelines for the area, a mixture of residential, professional office, service commercial, low intensity retail commercial, and institutional uses are contemplated The office, commercial, service and institutional uses should be restncted to those that seem to fit the size, scale, and intensity of the existing development pattern of the community The intent would be to encourage the sort of enterpnse that can be conducted without GPA Oi 1 PC Reso 4 Planning Commission Resolution 03 -11 Genoa! plan Amendment 03 1 Limited Commei cial Gene, al Plan Designation Revisions Mal eh ..) 2003 adversely impacting adjoining residential areas and to provide services that local residents would be inclined to walk to In 1992 the City established the "Limited Commercial' General Plan Land Use Element land use designation and the "Limited Commercial' provisions of the Seal Beach Zoning Ordinance in an attempt to encourage private revitalization of properties along Seal Beach Boulevard Pnor to 1992 these properties were located in a "General Commercial" Land Use Element and Zoning designation, and no new commercial development had occurred in the area in over 20 years The 1992 revisions were adopted to encourage a range of mixed - use developments, including new residential development It was hoped the ability to also construct residential land uses in conjunction with a commercial or office use would serve as an additional incentive for pnvate revitalization efforts Those efforts have not been successful, and the City has also determined it is appropnate to allow for free - standing residential development in the area also Additionally, Anaheim Bay and ocean views are offered from the second story along Seal Beach Boulevard This is a strong marketing amenity for residential property and would provide additional ocean view homesites in the City of Seal Beach " 2 Revise the Land Use Element "Summary Table of Existing and Proposed Land Uses in Acres" by reducing the Commercial General Category by 0 3 acres and increasing the Limited Commercial Category by 0 3 acres Page 15 -16 of the Land Use Element is revised accordingly to read as follows "LAND USE TABLE The following table depicts the existing and proposed land use acreage for each land use category m the General Plan Proposed/ Designation Developed Undeveloped Total Residential Low 670 6 0 0 670 6 Medium 652 5 0 0 652 5 High 161 0 0 0 161 0 GPA 0., 1 PC Reso 5 Planning Commission Resolution 03 11 General plan Amendment 03 1 Limited Commei cial Genet al Plan Designation Revisions Mat ch 5 2003 Commercial Limited Commercial 2 6 0 0 2 6 Professional Office 0 0 0 0 0 0 Service 55 8 0 0 55 8 General 162 2 0 3 162 5 Industrial Light 126 2 0 0 126 2 Oil Extraction 28 2 0 0 28 2 Quasi - Public Golf Course 264 8 0 0 264 8 Wetlands 32 8 0 0 32 8 Public City Parks 81 4 7 0 88 4 City Schools 13 4 0 0 13 4 Flood Basm 34 7 0 0 34 7 Beaches 52 0 0 0 52 0 Police Station 1 5 0 0 1 5 Fire Stations 1 0 0 0 1 0 Civic Center 0 6 0 0 0 6 City Yard 3 0 0 0 3 0 PE R/W 82 00 82 Towne Center Greenbelt 12 4 0 0 12 4 Military 5,000 0 0 0 5,000 0 TOTAL 7,364 5 7 3 7,371 8" 3 Revise Table 16 of the Housing Element "Seal Beach Acreage by General Plan Land Use Designations" by reducing the Commercial General Category by 0 3 acres and increasing the Limited Commercial Category by 0 3 acres Table 16 of the Housing Element is revised accordingly to read as follows GP 4 0.i 1 PC Reso 6 Planning Commission Resolution 03 -11 General plan Amendment 03 I Limited Commercial Genei al Plan Designation Revisions Mai ch ) 2003 "TABLE 16 Seal Beach Acreage by General Plan Land Use Designations Proposed/ Designation Developed Undeveloped Total Residential Low 670 6 0 0 670 6 Medium 652 5 0 0 652 5 High 161 0 0 0 161 0 Commercial Limited Commercial 2 6 0 0 2 6 Professional Office 0 0 0 0 0 0 Service 55 8 0 0 55 8 General 162 2 0 3 162 5 Industnal Light 126 2 0 0 126 2 Oil Extraction 28 2 0 0 28 2 Quasi - Public Golf Course 264 8 0 0 264 8 Wetlands 32 8 0 0 32 8 Public City Parks 81 4 7 0 88 4 City Schools 13 4 0 0 13 4 Flood Basin 34 7 0 0 34 7 Beaches 52 0 0 0 52 0 Police Station 1 5 0 0 1 5 Fire Stations 1 0 0 0 1 0 Civic Center 0 6 0 0 0 6 City Yard 3 0 0 0 3 0 PE R/W 82 00 82 Towne Center Greenbelt 12 4 0 0 12 4 Military 5 000 0 0 0 5,000 0 TOTAL 7,364 5 7 3 7,371 8" GP40., I PC Reso 7 Planning Commission Resolution 03 -11 Genei al plan Amendment 03 1 Limited Commercial Geneial Plan Designation Revisions March 5 200 4 The "City of Seal Beach Land Use Plan' is revised to amend the "Land Use Map" to indicate this proposed change in Land Use Designation for the three parcels northerly of Landing Avenue from ' General Commercial" to "Limited Commercial" as shown below Proposed General Plan Land Use Designations General Plan Amendment 03 -1, Limited Commercial General Plan Revisions VV .° - r <o a r -' 3 CG� CGs r N ER e "` fCG �`� ° m� N £CGS •~ GR A ;CG A :� CG,� M ,...:„... , , CG z , 1 ECG'` µ MDR tip„ r M �r \ <, ' 40 l Subject Properties 1 A * ( N� -- - - ` e ''\` Exhibit 3 y , ti • ° � Proposed General Plan Land Use Designations \ 4 1 t F _ --- LDR Low Density Residential *`, F MDR Medium Density Residential t HDR High Density Residential A ` _\ ; LC Limited Commercial I > CG Commercial General P Public M M Military /z \ y 0 250 500 Feet PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 5th day of March , 2003 by the following vote GPA 0.) 1 PC Reso 8 Planning Commission Resolution 03 -11 General plan Amendment 03 1 Limited Commercial Genet al Plan Designation Revisions Match 3 200i AYES Commissioners Deaton, Hood, Ladner, Shanks, and Sharp NOES Commissioners None ABSENT Commissioners None ABSTAIN Commissioners None David Hood, Ph D Chairman of the Planning Commission • Whit :berg Secretary of the Planning Commission GPA 0. 1 PC Reso 9 RESOLUTION NUMBER 03 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 03- 1, CHANGING THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (C -2) TO LIMITED COMMERCIAL (L -C) AT 303, 307, AND 309 SEAL BEACH BOULEVARD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 On July 8, 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 Based on the discussions at those information meetings staff has proceeded with the request as presented Section 2 The requests being considered, in the opinion of staff, generally conform to the expressed desires of the majonty of persons that attended the information meetings Section 3 Pursuant to 14 Calif Code of Regs § 15025(a) and §§ II C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which is being circulated for public review and comment from February 11, 2003 to March 17, 2003, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines The Negative Declaration was reviewed by the Planning Commission at a public heanng held on March 5, 2003 in relation to the land use proposal Section 4 A duly noticed public heanng was held before the Planning Commission on March 5, 2003 to consider the subject applications At the public heanng, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said applications Section 5 The record of the heanngs indicates the following C \Documents and Settings \LWhntenbetg \ivly Documents \RESO \Zone Chmge 03 1 PC Rcso doc \LW \0.j il 0 Planning Commission Resolution 03 -12 Zone Change 03 I Limited Commercial Zone Change Mai ch) 2003 a) The City of Seal Beach seeks to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard b) On July 8, 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard c) The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 d) A mixture of single family and multi - family residential uses in the Residential Medium and Residential High Density (RMD and RHD) zones abuts the subject area to the west and south Directly across Seal Beach Boulevard, to the east, is the main ship loading facilities for the Seal Beach Naval Weapons Station, in the Public Land Use /Recreation (PLU /R) Zone North of the subject area along Seal Beach Boulevard are new single - family residences in the RMD zone This residential development was previously zoned C -2 e) The City has previously approved revisions to the Land Use Element and a zone change regarding the "Shore Shop" properties located north of Landing Avenue along Seal Beach Boulevard The City adopted "Negative Declaration 98 -3 — Anaheim Bay Villas — General Plan Land Use Element Amendment and Zone Change from General Commercial Land Use Element designation and C -2 Zone to Residential Medium Density Land Use Element designation and Residential Medium Density (RMD) Zoning designation" This Negative Declaration evaluated potential impacts for a General Plan Land Use Element Amendment and Zone Change to allow for the construction of 9 residences immediately to the north of the 3 properties currently located in the C -2 zone north of Landing Avenue The accompanying zone change request was approved by the City, the California Coastal Commission, and 8 of the 9 permitted homes have been constructed f) The proposed residential development standards would permit a density of 17 4 umts per acre, or 1 unit for each 25 -foot wide lot within the project area Many of the properties are currently developed with existing legal, non - conforming multiple- family residential properties, and it is not anticipated that these developments would be removed for the replacement with single - family residences, due to the economic factors involved with high rental rates in this area of the City g) If all of the existing legal non - conforming multiple- family residential unit developments (50 units) were to demolished and replaced with allowable new single family units only (approximately 27 units), the area would expenence a net loss of 23 units, resulting in a net population loss to this area of the community, and a maximum potential loss of 0 16% of the total number of housing units within the City Zone Change 03 1 PC Reso 2 Planning Commission Resolution 03 12 Zone Change 03 1 Limited Commercial Zone Change March 5 2003 Section 6 Based upon substantial evidence in the record of the Planning Commission hearings regarding the application, including the facts stated in § 5 of this resolution, and in the environmental documentation prepared in conjunction with this project, and pursuant to §§ 28 -2600 and 28 -2602 of the City's Code, the Planning Commission hereby finds that Zone Change 03 -1 will be beneficial to the short term and long term land use goals of the City of Seal Beach The Planning Commission further finds that approval of Zone Change 03 -1 will promote the public health, safety and welfare Therefore, the Planning Commission finds that Zone Change 03 -1 will be in the public interest, and makes the following findings of fact (a) Proposed Zone Change 03 -1 will conform land uses to the goals and policies of the Land Use Element for the subject area, as revised by General Plan Amendment 03 -1, and provides for a comprehensive development option which accomplishes the following goals of the City in achieving sustainable development on the subject property 1 Creates a land use classification that is compatible and consistent with the prevailing pattern of land uses in the immediate vicinity 2 Promotes the general integnty of the neighborhood by allowing for a combination of both retail, office and residential uses that are intended to encourage revitalization of the subject properties 3 Creates a comprehensive development program for under- utilized and potentially incompatible properties b) The Planning Commission has identified the project objective of allowing for greater flexibility in the allowable land uses within the "Limited Commercial" General Plan Land Use Element land use designation and the "Limited Commercial ' provisions of the Seal Beach Zoning Ordinance The proposed zone change will include additional properties into that classification, thereby allowing greater development flexibility along the subject frontage of Seal Beach Boulevard c) In 1992 the City established the "Limited Commercial' General Plan Land Use Element land use designation and the "Limited Commercial" provisions of the Seal Beach Zoning Ordinance in an attempt to encourage private revitalization of properties to the south of the subject properties along Seal Beach Boulevard Prior to 1992 the properties to the south were located in a "General Commercial" Land Use Element and Zoning designation, and no new commercial development had occurred in the area in over 20 years d) The 1992 revisions were adopted to encourage a range of mixed- use developments, including new residential development in the properties to the south that are currently zoned Limited Commercial It was hoped the ability to also construct residential land uses in conjunction with a commercial or office use would serve as an Zone Change 03 1 PC Reso 3 Planning Commission Resolution 03 -12 Zone Change 03 1 Limited Commercial Zone Change March 5 2003 additional incentive for pnvate revitalization efforts Those efforts have not been successful, and the City is now proposing to allow a free - standing residential development in the area also e) Proposed Zone Change 03 -1, and the necessary General Plan Amendments, 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 Proposed Zone Change 03 -1 is consistent with the General Plan, as amended pursuant to General Plan Amendment 03 -1 Section 7 Based on the foregoing Sections 1 through 6, the Planning Commission hereby recommends that the City Council approve Zone Change 03 -1, to change the zoning designation of the subject properties as indicated below (a) Those properties located at 303, 307, and 309 Seal Beach Boulevard, located north of Landing Avenue and extending 125 northerly of Landing Avenue shall be changed from C -2, Commercial General to L -C /MDR, Limited Commercial /Medium Density Residential on the Zoning Map of the City of Seal Beach, as indicated below (said properties are legally descnbed as Lots 1, 3, 5, 7, and 9, Block 217, Tract No 10) (b) Those properties located at 209 through 257 Seal Beach Boulevard, located north of the Electnc Avenue Alley and Landing Avenue shall be changed from L -C, Limited Commercial to L- C /RMD, Limited Commercial /Residential Medium Density on the Zoning Map of the City of Seal Beach, as indicated below (said properties are legally descnbed as Lots 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37, 39, 41, 43, 45, 47, 49, 51, 53, 55, 57, 59, and 61 Block 218, Tract No 10) Zone Change 03 1 PC Reso 4 Planning Commission Resolution 03 -12 Zone Change 03 -1 Limited Commercial Zone Change March 5 2003 Proposed Zoning Designations — Zone Change 03 -1 ♦.c C2 244 r7 C2 F, p N ° C rw C2 � � 0 A C2 C2' C2 PLU R C2 RMD C2 ° RMD (ZC 98 2) e `6` 49 1 '�y < A Subject Properties � s P G P ' 4y ' 4, Proposed Zoning Designations — _to RLD RLD Residential Low Density C. RMD Residential Medium Density 'Q,S, ` RMD Residential Medium Density A PLU R RHD Residential High Density e i C2 General Commercial at LC /MDR Limited CommerciaVMedium ° / �y Density Residential , PLU R Public Land Use Recreational 0 250 500 Feet PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 5th day of March , 2003 by the following vote AYES Commissioners Deaton, Hood, Ladner, Shanks, and Sharp NOES Commissioners None ABSENT Commissioners None ABSTAIN Commissioners None Zone Change 03 I PC Reso 5 Planning Commission Resolution 03 12 Zone Change 03 1 Limited Commercial Zone Change March 5 2003 David Hood, Ph D Chairman of the Planning Commission 6 e Whittenberg Secretary of the Planning Com Sion Zone Change 03 I PC Reso 6 RESOLUTION NUMBER 03 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE TEXT AMENDMENT NO 03 -1, REVISING THE DEVELOPMENT STANDARDS OF THE LIMITED COMMERCIAL (L -C) ZONE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 On July 8, 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 Based on the discussions at those infoiination meetings staff has proceeded with the request as presented Section 2 The requests being considered, in the opinion of staff, generally conform to the expressed desires of the majority of persons that attended the information meetings Section 3 Pursuant to 14 Calif Code of Regs § 15025(a) and §§ II C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which is being circulated for public review and comment from February 11, 2003 to March 17, 2003, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines The Negative Declaration was reviewed by the Planning Commission at a public heanng held on March 5, 2003 in relation to the land use proposal Section 4 A duly noticed public heanng was held before the Planning Commission on March 5, 2003 to consider the subject applications At the public heanng, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said applications Section 5 The record of the hearings indicates the following a) The City of Seal Beach seeks to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard b) On July 8 2002 the City Council authorized initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard C \Documents and Settings \LWhrttenbeig\Mv Documents \RESO \ZTA 03 I PC Reso doc \LW \03 31 0.) Planning Commission Resolution 03 13 Zone Text Amendment 03 1 Limited Commercial Zone Revisions Match 5 2003 c) The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 d) A mixture of single family and multi - family residential uses in the Residential Medium and Residential High Density (RMD and RHD) zones abuts the subject area to the west and south Directly across Seal Beach Boulevard, to the east, is the main ship loading facilities for the Seal Beach Naval Weapons Station, in the Public Land Use /Recreation (PLU /R) Zone North of the subject area along Seal Beach Boulevard are new single- family residences in the RMD zone This residential development was previously zoned C -2 e) The City has previously approved revisions to the Land Use Element and a zone change regarding the "Shore Shop" properties located north of Landing Avenue along Seal Beach Boulevard The City adopted "Negative Declaration 98 -3 — Anaheim Bay Villas — General Plan Land Use Element Amendment and Zone Change from General Commercial Land Use Element designation and C -2 Zone to Residential Medium Density Land Use Element designation and Residential Medium Density (RMD) Zoning designation' This Negative Declaration evaluated potential impacts for a General Plan Land Use Element Amendment and Zone Change to allow for the construction of 9 residences immediately to the north of the 3 properties currently located in the C -2 zone north of Landing Avenue The accompanying zone change request was approved by the City, the California Coastal Commission, and 8 of the 9 permitted homes have been constructed f) The proposed residential development standards would permit a density of 17 4 units per acre, or 1 unit for each 25 -foot wide lot within the project area Many of the properties are currently developed with existing legal, non- confoiuiing multiple - family residential properties, and it is not anticipated that these developments would be removed for the replacement with single - family residences, due to the economic factors involved with high rental rates in this area of the City g) If all of the existing legal non - conforming multiple- family residential unit developments (50 units) were to demolished and replaced with allowable new single family units only (approximately 27 units), the area would experience a net loss of 23 units, resulting in a net population loss to this area of the community, and a maximum potential loss of 0 16% of the total number of housing units within the City Section 6 Based upon substantial evidence in the record of the Planning Commission heanngs regarding the application, including the facts stated in § 5 of this resolution, and in the environmental documentation prepared in conjunction with this project, and pursuant to §§ 28 -2600 and 28 -2602 of the City's Code, the Planning Commission hereby finds that Zone Text Amendment 03 -1 will be beneficial to the short term and long term land use goals of the City of Seal Beach The Planning Commission further finds that approval of the subject Zone Text Amendment will promote the public health, safety and welfare Therefore the Planning Commission finds that the requested Zone Text Amendment to the City of Seal Beach Zoning Ordinance will be in the public interest, and makes the following findings of fact ZTA 03 1 PC Reso 2 Planning Commission Resolution 03 13 Zone Tert Amendment 03 -1 Limited Commei cial Zone Revisions Mai ch 5 2003 (a) The proposed Zone Text Amendment will confolni allowable land uses within the Limited Commercial (L -C) Zone to the goals and policies of the Land Use Element and Zoning Map for the subject area as revised, and provides for a comprehensive range of development options for the Limited Commercial (L -C) Zone that will accomplish the following goals of the City in achieving sustainable development on the subject property 1 Creates a range of allowable land uses within the Limited Commercial (L C) Zone that is compatible and consistent with the prevailing pattern of land uses in the immediate vicinity 2 Promotes the general integnty of the neighborhood by allowing for a combination of both retail, office and residential uses that are intended to encourage revitalization of the subject properties 3 Creates a comprehensive range of allowable development options for underutilized and potentially incompatible properties b) The Planning Commission has identified the project objective of allowing for greater flexibility in the allowable land uses within the "Limited Commercial" General Plan Land Use Element land use designation and the "Limited Commercial" provisions of the Seal Beach Zoning Ordinance The proposed zone text amendment will include additional provisions regarding allowable land development uses within the Limited Commercial zone, thereby allowing greater development flexibility along the subject frontage of Seal Beach Boulevard c) In 1992 the City established the "Limited Commercial" General Plan Land Use Element land use designation and the "Limited Commercial" provisions of the Seal Beach Zoning Ordinance in an attempt to encourage private revitalization of properties in the Limited Commercial zone designation along Seal Beach Boulevard Prior to 1992 the properties south of Landing Avenue were located in a "General Commercial ' Land Use Element and Zoning designation, and no new commercial development had occurred in the area in over 20 years d) The 1992 revisions were adopted to encourage a range of mixed -use developments It was hoped the ability to also construct residential land uses in conjunction with a commercial or office use would serve as an additional incentive for private revitalization efforts Those efforts have not been successful, and the City is now proposing to allow a free- standing residential development in the area also e) Proposed Zone Text Amendment 03 -1, and the necessary General Plan Amendments and 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 Proposed Zone Text Amendment 03 -1 is consistent with the General Plan, as amended pursuant to General Plan Amendment 03 -1 Section 7 Based on the foregoing Sections 1 through 6, the Planning Commission hereby recommends that the City Council approve Zone Text Amendment 03 -1 Only Section 28- 300(2)(e), Section 28 -1150 and Section 28 -1151 require amendments and ZTA 0.) 1 PC Reso 3 Planning Commission Resolution 03 13 Zone Text Amendment 03 1 Limited Comrneicial Zone Revisions March 5 2003 Section 28 -1155 F 4 is to be deleted, all other provisions of Article 11 5 remain unchanged The Commission hereby recommends that the City Council amend the development provisions of the Limited Commercial (L -C) Zone as indicated below 1 Revise Section 28- 300(2)(e) to read as follows "(e) L -C /RMD Limited commercial /Residential medium density zone," 2 Revise Section 28 -1150 and 28 -1151 to read as follows `Article 11 5 Limited CommerciaUResidential Medium Density Zone Section 28 -1150 Declaration of Legislative Intent It is hereby declared to be the intent of the LC /RMD - Limited Commercial /Residential Medium Density Zone - to establish reasonable standards that permit and control limited commercial and office uses in conjunction with residential uses Furthermore, it is the intent of this part to A Encourage commercial, service, institutional and office uses that do not attract large volumes of traffic and continuous customer turnover B Limit and discourage development of strip -type, highway - onented commercial uses that create traffic hazards and congestion because they require numerous individual curb cuts and generate higher traffic volumes C Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the zone D Encourage elimination of curb cuts for vehicular access and promote more efficient and economical parking facilities, utilizing both on- street parking, off - street parking and off -site parking facilities E Encourage uses that minimize noise and congestion F Recognize that mixed -use developments may not be the only acceptable land use by also allowing residential development to occur as a stand- alone use within the Limited Commercial /Residential Medium Density Zone Section 28 -1151 Permitted Uses In the L -C /RMD zone, the following uses only are permitted and as hereinafter specifically provided and allowed by this article ZTA 03 1 PC Reso 4 Planning Commission Resolution 03 13 Zone Tezt Amendment 03 1 Limited Commei cial Zone Revisions Ntm ch ) 2003 A Retail specialty shops including, but not limited to, the sale of gifts, antiques, flowers, books, jewelry, apparel, tobacco and related supplies, or craft shops, making articles exclusively for retail sale on the premises B Personal service shops including, but not limited to, tailor, barber, beauty salon, shoe repair, dressmaking, or similar service uses C Business offices including, but not limited to, secunty and commodity brokerage, real estate sales travel agency, employment counseling, insurance sales, advertising, mailing, and stenographic services, and other services of a similar nature D Studios for dance, art, music, photography, radio, or television E Professional offices for lawyers, engineers, architects, landscape architects, urban planners, accountants, economic consultants, doctors, dentists, chiropractors, or other practitioners of the healing arts for humans, or other professionals of a similar nature F Residential uses located only on the second floor and above, when the floors below the second floor do not contain residential uses All such residential uses shall comply with all provisions of this Article pertaining to residential development G Nursery schools, day care centers, pnvate or trade schools, outdoor play hours shall be limited to between 9 00 a m and 5 00 p m H Residential use located as a stand -alone use, not in conjunction with a permitted or conditionally permitted non - residential use Said uses shall comply with all of the development standards for the Residential Medium Density Zone (RMD Zone), except for the Front Yard Setback requirements, which shall be in conformance with the development standards of the Residential High Density Zone (RHD Zone), District I standard I Any use deteiiiiined by the Planning Commission to be of a nature similar to the uses listed above " 3 Delete Section 28 -1 155 F 4 it its entirety PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 5th day of March , 2003 by the following vote ZTA 0i 1 PC Reso 5 Planning Commission Resolution 03 13 Zone Text Amendment 03 1 Limited Commei ctal Zone Revisions Mai ch 5 2003 AYES Commissioners Deaton, Hood, Ladner, Shanks, and Sharp NOES Commissioners None ABSENT Commissioners None ABSTAIN Commissioners None David Hood, Ph D , Chaninan Planning Commission Fee Wluttenberg, Secretary Planning Commission ZTA 03 1 PC Reso 6 Negative Declai anon 0D-1 Genei al Plan Amendment 03 1 Zone Change 03 -1 and Zone Text Amendment 03 1 Seal Beach Boulevm d Limited Corinne, cza! Zone Revisions City Council Staff Repo' t 4pz zl 14 2003 ATTACHMENT 6 PLANNING COMMISSION MINUTES OF MARCH 5, 2003 ZC 0i I s_ ZT4 03 1 CC Staff Report SBB Residentill Uses 37 1 CITY OF SEAL BEACH 2 PLANNING COMMISSION 3 4 Minutes of March 5, 2003 5 6 7 Chairperson Hood called the regularly scheduled meeting of the Planning Commission 8 to order at 7 30 p m on Wednesday March 5 2003 The meeting was held in the City 9 Council Chambers and began with the Salute to the Flag 10 11 ROLL CALL 12 13 Present Chairperson Hood Commissioners Deaton Ladner Shanks and Sharp 14 15 Also 16 Present Department of Development Services 17 Lee Whittenberg Director 18 Alexander Abbe Assistant City Attorney 19 Mac Cummins Associate Planner 20 21 Absent None 22 3 24 AGENDA APPROVAL 25 26 Mr Whittenberg requested that Item No 2 Minor Plan Review (MPR) 03 -3 and Item 27 No 3 Variance 03 -1 both for 250 Ocean Avenue be continued to the Planning 28 Commission meeting of March 19 2003 He also requested Item No 5 Determination 29 of General Plan Conformity be continued to the Planning Commission meeting of March 30 19 2003 31 32 MOTION by Deaton SECOND by Ladner to approve the Agenda as amended 33 34 MOTION CARRIED 5 — 0 35 AYES Hood, Deaton, Ladner, Shanks, and Sharp 36 NOES None 37 ABSENT None 38 39 40 ORAL COMMUNICATIONS 41 42 Chairperson Hood opened oral communications 43 44 1 These Minutes were transcribed from audiotape of the meeting 1 City of Seal Beach Planning Commission Meeting Minutes of March 5 2003 1 Mr Warren Morton stated that he would again like to bring to the attention of the 2 Planning Commission the illegal condition at 1110 Electric Avenue He stated that 3 instead of a double car garage a single -car garage is in place He said that the utilities 4 from the adjacent property extend under this structure and now there are extra front 5 doors on the building He commented that perhaps extra units were being added to this 6 building He asked the Associate Planner whether he had inquired about these issues 7 Mr Morton stated that the City must stop approving legal non - conforming additions 8 without total compliance by the property owners and that thorough follow- through with 9 inspections must be done He noted the similarity with the property at 1220 Central 10 Avenue where units were added to an approved legal nonconforming property He 11 reiterated that approvals for these types of structures should be subject to the 12 Conditional Use Permit process or eliminated altogether 13 14 There being no one else wishing to speak Chairperson Hood closed oral 15 communications 16 17 18 CONSENT CALENDAR 19 20 1 Approve Planning Commission Meeting Minutes of February 19 2003 21 22 2 Minor Plan Review 03 -3 23 250 Ocean Avenue 24 25 Applicant/Owner Jim Watson 26 Request Architectural review of a proposal to construct a new built -in 27 BBQ and a fireplace structure within the rear and side yard 28 setback areas of the subject property 29 30 Recommendation Continue to meeting of March 19, 2003 31 32 MOTION by Shanks SECOND by Ladner to approve the Consent Calendar as 33 amended 34 35 MOTION CARRIED 5 — 0 36 AYES Hood, Deaton, Ladner, Shanks, and Sharp 37 NOES None 38 ABSENT None 39 40 41 PUBLIC HEARINGS 42 43 3 Negative Declaration 03 -1 44 General Plan Amendment 03 -1 45 Zone Change 03 -1 46 Zone Text Amendment 03 -1 2 City of Seal Beach Planning Commission Meeting Minutes of March 5 2003 1 Seal Beach Boulevard between Electric Avenue and 125 feet north of Landing 2 Avenue 3 4 Applicant/Owner City of Seal Beach / Various 5 Request General Plan Amendment 03 -1 — A request to amend the 6 Land Use Element of the General Plan to revise allowable 7 uses within the Limited Commercial land use designation to 8 allow residential uses not in conjunction with a related 9 commercial or office land use Revise the land use 10 designation and Land Use Map from General Commercial to 11 Limited Commercial for the subject properties located north 12 of Landing Avenue 13 14 Zone Change 03 -1 — A request to change the zone on 15 properties located from Landing Avenue 125 feet north on 16 Seal Beach Boulevard from General Commercial (C -2) to 17 Limited Commercial (L -C) 18 19 Zone Text Amendment — A request to amend the provisions 20 of the Limited Commercial (L -C) Zone to allow new 21 residential construction as a permitted use in the L -C Zone 22 Currently new residential uses are permitted only in 23 conjunction with an allowable business use 4 z5 Recommendation Approval subject to conditions and adoption of Resolution 26 Nos 03 -11 03 -12 and 03 -13 27 28 Staff Report 29 30 Mr Whittenberg stated that Negative Declaration (ND) 03 -1 was prepared to comply 31 with the provisions of the California Environmental Quality Act (CEQA) and the 32 comment period on the Draft ND closes on Monday March 17, 2003 He noted that 33 anyone wishing to provide comments could do so tonight or they could provide their 34 comments in writing or by e -mail to the Department of Development Services He 35 reported that copies of the ND were available tonight as well as in the local libraries He 36 explained that the basic project is a General Plan Amendment (GPA) Zone Change 37 (ZC), and a Zone Text Amendment (ZTA) He stated that Seal Beach Boulevard (SBB) 38 between Electric Avenue and Landing Avenue has been designated a Limited 39 Commercial Zone (L -C) since 1992 He said that north of Landing Avenue on SBB 40 there are 3 lots that are developed with residential uses that have been zoned General 41 Commercial (C -2) since the mid -1950 s or early 1960 s He stated that north of these 3 42 lots are the more recent homes constructed on the former Shore Shop property He 43 said that this property zoning was changed in 1998 from a C -2 Zone to a Residential 44 Medium Density (RMD) Zone He said a GPA and ZC were done at that point and a ND 45 approved for that project The Director of Development Services explained that what is before the Planning Commission (PC) this evening is a request to modify what can be ( built by right on the L -C zoned properties on SBB He stated that right now new 3 City of Seal Beach Planning Commission Meeting Minutes of March 5 2003 1 residential uses can only be constructed in conjunction with a non - residential 2 professional office or light retail use and the new residential has to be on either the 3 second or third floor above the new non - residential use of the property He reported 4 that in July 2002 City Council (CC) authorized Staff to review this issue to consider 5 allowing single - family residences (SFR) to be constructed by right or by Conditional Use 6 Permit (CUP) approval without having to be in conjunction with a non - residential office 7 or light retail use He continued by noting that the ZC is to change the zoning of those 8 first 3 lots north of Landing Avenue that are now in the C -2 Zone to the L -C Zone and 9 they would then fall into compliance with the standards that are being considered 10 tonight He stated that these 3 lots are currently in a legal nonconforming status and 11 are already developed with residential uses and the C -2 Zone does not allow 12 residences at all He said that by placing these lots in the L -C Zone they will still be 13 legal non - conforming uses in that they all have more units built on them than what the 14 current density standards allow but this rezoning will bring them into a category that 15 allows residential uses He reported that pubic notice was published in the newspaper 16 and mailed to all property owners and occupants within a 300 -foot radius of the area 17 He stated that Staff has attempted to reflect some of the competing concerns from the 18 property owners in that area, as how best to deal with what should be built along this 19 area of SBB He noted that there are differences of opinion and this is what makes it 20 difficult for the PC and CC to deal with He noted that copies of the Staff Reports and 21 minutes from the community meetings on this issue have been provided to the 22 Commissioners for review Mr Whittenberg then reviewed the resolutions prepared for 23 the GPA, ZC and the ZTA He explained that for the GPA the basic items to consider 24 would be to revise some of the language within the existing General Plan (GP) 25 description of what a L -C land use should be He noted that these revisions should 26 reflect the idea that in addition to the mixed -use residential /commercial uses that are 27 now encouraged in that area a person should also be able to develop the property for a 28 strictly residential use in accordance with certain City development standards He 29 continued by noting that the second part of the GPA is to modify tables and other 30 information to reflect these changes and to reflect the change in the land use 31 designation in the GP for the 3 lots north of Landing Avenue from a C -2 to an L -C 32 designation He then noted that the last major change in the GP would be to change 33 the land use map of the City With regard to the ZC Mr Whittenberg stated that under 34 California Law the GP and zoning for cities must be consistent He stated that Seal 35 Beach is a Charter City and technically is not bound by the general laws of the State of 36 California but the City has for many years taken a position of complying with these 37 provisions of law He continued by explaining that the ZTA outlines the changes to the 38 Code sections related to permitted uses and building standards for Residential Medium 39 Density (RMD) for this area to allow residential uses and also for residential in 40 conjunction with mixed use projects He stated that Staff is recommending that for new 41 homes on the SBB side the front setback provisions allow the homes to be developed 42 using the Residential High Density (RHD) standard which allow an average setback 43 instead of a straight line setback He said this would allow for some building variation 44 along the street frontage He noted that the supplemental Staff Report distributed 45 tonight was prepared to incorporate direction from the City Attorney to delete Paragraph 46 28- 1155(f)4 from the L -C Code section This paragraph would require that in order to 4 City of Seal Beach Planning Commission Meeting Minutes of March 5 2003 1 construct in the L -C Zone the occupant of the residential unit above the mixed -use project must work in the mixed -use non - residential part of the project below the house 3 The Director of Development Services then noted that since 1992 when the L -C Zoning 4 was approved two projects have been approved but neither one has been constructed 5 6 Commissioner Questions 7 8 Commissioner Deaton stated that she understands that under the L -C zoning 9 residential commercial or a combination of the two can be constructed Mr 10 Whittenberg explained that as the L -C Zone currently exists it allows non - residential or 11 mixed -use non - residential and residential but does not allow strictly new residential 12 uses Commissioner Deaton confirmed that with the proposed changes all three would 13 be allowed Mr Whittenberg confirmed that this is correct Commissioner Deaton 14 referred to the e -mail from Richard Grossgold and stated that he is concerned that 15 should he lose his office building due to fire or another calamity he would not be able to 16 reconstruct the office building again Mr Whittenberg stated that the new zoning would 17 allow him to rebuild a project but due to building standards he hesitated to state that 18 Mr Grossgold would be able to reconstruct exactly what he has now He referred to 19 Attachment 7 Section 28- 2406(c) which states that if a nonconforming non - residential 20 structure is damaged less than 50% it can automatically be reconstructed in its original 21 configuration and if damaged more than 50% it can be rebuilt subject to the Minor Plan 22 Review (MPR) process and all of the parking that existed at the time of the damage 7 3 must be provided Commissioner Deaton asked if what Mr Whittenberg was stating is that Mr Grossgold s building is a nonconforming non - residential building Mr 25 Whittenberg clarified that every building along SBB between the Electric Avenue alley is 26 impacted by this proposal including the 3 lots north of Landing Avenue, which are 27 currently nonconforming uses of property Commissioner Deaton clanfied that if these 28 are nonconforming properties then no matter what happens to their building they will be 29 allowed to rebuild it as it is Mr Whittenberg stated that in all cases the provisions allow 30 to rebuild as it is as long as the same number of parking spaces are provided as existed 31 before Commissioner Deaton asked if these properties are nonconforming due to 32 parking setbacks lot coverage issues etc? Mr Whittenberg stated that they are 33 nonconforming due to all of these issues and probably several others He explained 34 that all of the residential uses in this area are over density, as most of them are 2- to 4- 35 unit apartment buildings and some of them already have mixed uses that do not comply 36 with the setback or parking requirements Commissioner Deaton confirmed that when 37 rebuilding the property owner will not be asked to bring the structure into conformity 38 Mr Whittenberg confirmed that this was correct and noted that the City would not 39 propose changes to the existing provisions of the nonconforming section that would 40 impact them any differently if the PC were to do nothing this evening 41 42 Chairperson Hood reviewed the items to be considered for determination and he asked 43 if GPA 03 -1 ZC 03 -1 and ZTA 03 -1 could all be voted on with one motion or should 44 they be voted on separately? Mr Whittenberg stated that Staff would prefer that 45 separate motions be made Chairperson Hood then confirmed that the closing date for comments on the Negative Declaration is Monday March 17 2003 5 City of Seal Beach Planning Commission Meeting Minutes of March 5 2003 1 Public Hearing 2 3 Chairperson Hood opened the public hearing 4 5 Mr Greg Miller stated that the issue of commercial parking along this area of SBB has 6 not been addressed He said that the street is always filled with cars from the overflow 7 on 17 Street occupying the parking spaces on SBB He noted that this also includes 8 some abandoned vehicles He stated that when new residential homes go in no one 9 will park in their garages but will park on the street He expressed concern over where 10 his customers would find parking if the street is filled with cars He asked to know how 11 this is to be handled 12 13 Ms Serretta Fielding provided a brief history of this area of SBB and stated that one of 14 the reasons property owners would like to have the option to construct a residential use 15 on the lots is that because the block is zoned as L -C it is not possible to acquire a loan 16 on a property in the L -C Zone She noted that the reason the two approved mixed -use 17 developments have not yet been constructed is due to an inability to acquire funding 18 She said that many property owners purchased their homes in this area when the 19 commercial lending rates were low but the rates have increased dramatically and 20 consequently there have been no improvements made to this block She also explained 21 that when the Bay Motel was sold and the address was converted to a home along 22 Electric Avenue, the commercial draw to this area was lost She noted that the 23 commercial draw was also affected by the loss of the Shore Shop Ms Fielding stated 24 that with residential on both ends of the block there is little draw for commercial along 25 this section of SBB She said that the street has seen very little development since 26 1984 when she moved to this area She encouraged approval of this option as it would 27 allow property owners to acquire loans to build residential or improve their Tots She 28 noted that she and the Director of Development Services had discussed designating 29 this area on the new zoning map as L -C and /or RMD as this is the only way 30 residential loans will be approved 31 32 Mr Ross DeLahay stated that he is a reactor who represents the owner of the property 33 at 233 Seal Beach Blvd He stated that this property has been listed for over two years 34 but with the L -C zoning no one has expressed an interest in purchasing it He stated 35 that L -C is no longer viable unless a large shopping center is being developed He also 36 explained that financing for an L -C zoned property is difficult He reported that he has a 37 long list of people waiting and ready to make an offer if the property is to be zoned as 38 R -1 39 40 Mr Mario Musso past owner of the Shore Shop provided a brief history of the property 41 and noted that when the large retailers come to town it made it difficult for the Shore 42 Shop to survive and it became necessary to look for another use for the property He 43 explained that rezoning of the property from L -C to residential made it possible to 44 construct seven SFRs, which have added over $5 million dollars to the tax base of the 45 City far exceeding the sales tax revenue generated by the Shore Shop in its last 10 46 years of operation He stated that if the remainder of this area of SBB were rezoned to 6 City of Seal Beach Planning Commission Meeting Minutes of March 5 2003 1 allow residential it would be advantageous not only to the residents but also to 2 neighboring property values and ultimately to the City s financial base 3 4 Mr John Grossgold speaking on behalf of his father Richard Grossgold stated that his 5 fathers main concern about being able to rebuild after a disaster had been adequately 6 addressed He said he was also glad to see the elimination of the requirement that 7 business owners or their employees must reside in the upper residential units of mixed - 8 use structures within the L -C Zone He also emphasized that the zoning map should 9 reflect L -C and /or RMD for the ability to obtain financing He encouraged approval of 10 the zone changes 11 12 Mr Medhat Rauof spoke in favor of approving ZC 03 -1 and ZTA 03 -1 He described the 13 difficulty he has had in developing his property at 233 Seal Beach Blvd He also 14 expressed his concerns regarding excessive cars parked along the street 15 16 Mr Brady Johnson a resident of Electric Avenue spoke in favor of the proposed zone 17 change He said he had informally surveyed the residents on his block and they all 18 spoke in favor of seeing this change He stated that the parking problem is probably a 19 , result of apartment tenants having no designated parking and having to park on the 20 street 21 22 There being no one else wishing to speak Chairperson Hood closed the public hearing 7 3 1• Mr Whittenberg clarified that the properties would not be zoned as R -1 but Staff is 25 proposing that the L -C designation remain and the allowable uses be changed to also 26 allow residential use He said that what is allowable within the zone is what is most 27 significant and not the zone category itself He stated that if the PC determines to 28 change the name of the zone he sees no problem with using the designation L -C /RMD 29 or whatever the PC feels would be most appropriate 30 31 Commissioner Comments 32 33 Commissioner Deaton expressed her concern about the parking issue She asked if the 34 L -C designation were retained would it be possible to restrict parking in this area? Mr 35 Whittenberg stated that the PC could make this recommendation to City Council He 36 noted that any restrictions on parking are of extreme concern to the California Coastal 37 Commission (CCC) He stated that if the concern is regarding cars that are parked and 38 not moved for several days this is an enforcement issue that could be handled by the 39 Seal Beach Police Department (SBPD) He noted that the Vehicle Code does allow 40 cars to park on the street for 72 hours Commissioner Deaton stated that she 41 understands the problems with the CCC but she believes that if businesses along SBB 42 are to survive their patrons must have adequate parking Mr Whittenberg noted that in 43 the L -C Zone there are provisions to provide parking for new commercial uses He said 44 that there is a provision that allows for a credit for a certain number of parking spaces 45 required for a new business -type use to be counted for being provided on the street itself He stated that the CCC is also concerned with this issue He noted that of the City of Seal Beach Planning Commission Meeting Minutes of March 5 2003 1 two projects on SBB approved by the CCC one was required to provide residential 2 parking on the property and the other was required to provide both non - residential and 3 residential use parking on the property Commissioner Deaton inquired whether the 4 existing businesses have parking on the premises or are relying on street parking Mr 5 Whittenberg reported that it vanes some have parking on the property and others have 6 parking in the alleys Commissioner Deaton commended Staff for the manner in which 7 this issue has been handled but stated that she is still concerned about the parking 8 She said that the CCC is probably not happy about the apartment buildings without 9 sufficient parking according to City Code Mr Whittenberg emphasized that at the time 10 that it was constructed every residential use that is out there met whatever parking 11 requirements were in place at that time He stated that over the years most cities have 12 changed parking requirements from one space to two spaces per unit, which is what the 13 City requirement is today 14 15 Commissioner Ladner asked if it would be possible to place a time limit on parking in 16 front of the businesses in this area Mr Whittenberg reiterated that placing a limit on 17 parking on any public street within the Coastal Zone is a CCC issue He explained that 18 the PC could make a motion to make this recommendation to the City Council 19 Commissioner Ladner stated that he believes the issue to be important enough to make 20 this recommendation He suggested that there be no overnight parking and time limited 21 parking during the day 22 23 Commissioner Shanks asked if there were sufficient room for diagonal parking Mr 24 Whittenberg stated that he believed the actual curb -to -curb width along this area of SBB 25 is the same as Main Street, so this might be an option that could be included in the 26 recommendation to City Council He noted that the neighboring residents would have to 27 be surveyed regarding parking issues in this area prior to the CC making any kind of 28 determination Commissioner Shanks commented that when visiting this street late one 29 night he found the entire Navy side of the street filled with parked cars He questioned 30 where all of these cars are coming from Mr Whittenberg noted that a public street is a 31 public parking area and the public has a right to park there 32 33 Chairperson Hood observed that tonight the PC is dealing only with agenda items, 34 which are the General Plan Amendment Zone Change and the Zone Text Amendment 35 He stated that as he understands it the parking issue is not an agendized item and 36 should be placed on the agenda for a future meeting Mr Abbe concurred that the 37 parking issue should be deferred to the next meeting Chairperson Hood asked if the 38 CC approves these recommendations what would the parking requirement be should a 39 property owner decide to modify his /her residence or rebuild a new residence? Mr 40 Whittenberg stated that the current provision for a new residence would be to provide 2 41 parking spaces in a garage for each new residential unit built on the property For 42 rebuilding a damaged residence if it were constructed exactly as it was prior to the 43 damage the parking requirement would be the same as before the damage occurred 44 The Director of Development Services stated that this is an issue that was not 45 discussed as a part of the study session on additions to nonconforming structures 46 because the issue of reconstruction after destruction was not included He continued by 8 City of Seal Beach Planning Commission Meeting Minutes of March 5 2003 1 noting that for additions to an existing legal nonconforming residential multi - family or 2 SFR the property owner would be subject to the standards currently in place for these 3 types of structures Chairperson Hood noted that Item No 6 on tonight s agenda deals 4 with the issue of additions or expansions to nonconforming residential uses, and that 5 the issue of parking could be discussed at a future meeting He then inquired of the 6 Director of Development Services whether development of a Local Coastal Ran (LCP) 7 is to take place soon Mr Whittenberg stated that the City is in the process of preparing 8 a LCP to submit to the CCC for review Chairperson Hood asked if limited parking 9 restrictions could be included as a part of the LCP Mr Whittenberg stated that this 10 could be done Mr Abbe interjected that the Director of Development Services had just 11 reminded him that the parking issue is not really within the subject matter jurisdiction of 12 the Planning Commission and the Brown Act only applies to matters within the PC s 13 subject matter junsdiction so if the PC were to make a recommendation to the CC it 14 would not be in violation of the Brown Act 15 16 Commissioner Sharp commented that before getting too deeply into the parking issue 17 he recommends that the Director of Development Services provide copies of the 18 minutes related to parking issues for review by the Commissioners 19 20 MOTION by Shanks SECOND by Deaton to approve General Plan Amendment 03 -1 21 and adopt Resolution 03 -11 as presented 22 9 3 MOTION CARRIED 5 — 0 AYES Hood, Deaton, Ladner, Shanks, and Sharp 25 NOES None 26 ABSENT None 27 28 MOTION by Deaton SECOND by Sharp to approve Zone Change 03 -1 and adopt 29 Resolution 03 -12 as revised 30 31 MOTION CARRIED 5 — 0 32 AYES Hood, Deaton, Ladner, Shanks, and Sharp 33 NOES None 34 ABSENT None 35 36 Mr Whittenberg noted that the motion should reference the revised Resolution 03 -12 as 37 it appears in the revised Staff Report 38 39 MOTION by Deaton SECOND by Ladner to approve Zone Text Amendment 03 -1 to 40 include the new zoned designation as L -C /RMD and adopt Resolution 03 -13 as 41 amended 42 43 MOTION CARRIED 5 — 0 44 AYES Hood, Deaton, Ladner, Shanks, and Sharp 45 NOES None ABSENT None 9 City of Seal Beach Planning Commission Meeting Minutes of March 5 2003 1 Mr Whittenberg advised that these actions tonight are only recommendations and there 2 will be future public hearings scheduled with the City Council and all property owners 3 and all residents and tenants within a 300 -foot radius will receive notice of these future 4 City Council hearings He cautioned that the CCC would be very resistant to restricting 5 overnight parking 6 7 Commissioner Sharp stated that although he strongly sympathized with the parking 8 problems he would vote against this motion strictly because the PC would be asking 9 Staff to do something that will lead them to buck their heads against the wall with the 10 Coastal Commission He said that he feels it would be asking the City to spend money 11 that it doesn t need to spend 12 13 Commissioner Ladner commented that based on what the Director of Development 14 Services has said the CCC would object to restrictions on overnight parking so he 15 would strike this part of his recommendation but he still believes there should be a time 16 limited green zone for the commercial uses Mr Whittenberg reminded the PC that they 17 are discussing an issue that technically they have no jurisdiction to change He 18 suggested that any recommendation to City Council be kept as general in nature as 19 possible 20 21 Commissioner Deaton stated that although she is aware that this issue has been 22 extensively studied she believes it deserves further review She noted that this street 23 appears to be very congested and she is surprised that the curb -to -curb width is the 24 same as Main Street as currently it almost seems dangerous in some places She said 25 that parking in this area deserves another look to make sure that it is working 26 27 MOTION by Ladner SECOND by Deaton to request that City Council authorize City 28 Engineering Staff to review potential parking restrictions on Seal Beach Boulevard from 29 the area of Electric Avenue to Pacific Coast Highway 30 31 MOTION CARRIED 4 — 0 —1 32 AYES Hood, Deaton, Ladner, and Shanks 33 NOES Sharp 34 ABSENT None 35 36 37 SCHEDULED MATTERS 38 39 6 STUDY SESSION Addition and Expansion Standards for Non - Conforming 40 Residential Uses 41 42 Staff Report 43 44 Mr Whittenberg stated that because this is a study session item there would be no 45 recommendations made by Staff He said that an additional Staff Report was prepared 46 based upon direction given to Staff at the PC meeting of February 5 2003 He noted 10 Negative Declai ation 03 1 Genei al Plan Amendment 03 1 Zone Change 03 -1 and Zone Text Amendment 03 1 Seal Beach Boulevaid Limited Commeicial Zone Revisions City Council Staff Repoi t April 14 2003 ATTACHMENT 7 GENERAL PLAN AMENDMENT 03 -1, ZONE CHANGE 03 -1, AND ZONE TEXT AMENDMENT 03 -1 - PLANNING COMMISSION STAFF REPORT, DATED MARCH 5, 2003, WITH ALL ATTACHMENTS ZC 0.) 1 ZTA 03 1 CC Staff Report SBB Residential Uses 38 March 3 2003 STAFF REPORT To Honorable Chairman and Planning Commission From Lee Whittenberg Director of Development Services Subject NEGATIVE DECLARATION 03 -1, GENERAL PLAN AMENDMENT 03 -1, ZONE CHANGE 03 -1 and ZONE TEXT AMENDMENT 03 -1 - SEAT, BEACH BOULEVARD L -C ZONE REVISIONS kpplicant CIT' OF SEAL BEACH Owner VARIOUS Location SEAL BEACH BOULEVARD BETWEEN ELECTRIC AA ENUE TO 125 FEET NORTH OF LANDING AVENUE Classification of GENERAL COMMERCIAL (C -2) AND LIMITED COMMERCIAL (L -C) Property Request Summary GENERAL PLAN AMEINDMENT 03 -1 — A REQUEST TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN 70 REVISE ALLOWABLE USES WITHIN THE LIMITED COMMERCIAL LAND USE DESIGNATION TO ALLOW RESIDENTIAL USES NOT IN CONJUNCTION WITH A RELATED COMMERCIAL OR OFFICE LAND USE REVISE THE LAND USE DESIGNATION AND LAND USE MAP FROM GENERAL COMMERCIAL TO LIMITED COM1vMERCI AL FOR THE SUBJECT PROPERTIES LOCATED NORTH OF LANDING AVENUE ZONE CHANGE 03 -1 - A REQUEST TO CHANGE THE ZONE ON PROPERTIES LOCATED FROM LANDING AVENUE 125 FEEL' NORTH ON SEAL BEACH BOULEVARD FROM GENERAL COMMERCIAL (C 2) TO LIMITED COMMERCIAL (L -C) ZONE TEXT AMENDMENT 03 -1 — A REQUEST TO AMEND THE PROVISIONS OF THE LIMITED COMMERCIAL (L -C) ZONE TO ALLOT\ NEW RESIDENTIAL CONSTRUCTION AS k PERMITTED USE IN THE L -C ZONE CURRENTLY NEW RESIDENTIAL USES ARE PERMITTED ONL\ IN CONJUNCTION WITH AN ALLOW ABLE BUSINESS USE Environmental AN LNITIAL STUDY/NEGATIVE DECLARATION HAS BEEN PREPARED Rey ley, PURSUANT TO CEQA Cooe Sections ARTICLE 11 5, LIMITED COMMERCIAL ZONE SECTIONS 29 -2600 TO 23- 2614 Recommendation STAFF RECOMMENDS APPRO\ AL SUBJECT TO CONDITIONS THROUGH ADOPTION OF RESOLUTION 03 -11 TO RESOLUTION 03 -13, RESPECTIVELI C Doc,um ntc and S ,rt ngs\LVV hi-tenoera My Documents`Zone Cnan2- ZC 0D 1 2 ZT 0 1 °t' Staff Reoor SBB Resident al Uses doc \L' \02 2') 0 Negc t ve Dccla, ation 0_, 1 Genc, al Plan Amendment 03 1 Zoning Change 03 1 and Zone Teit 4mendment 03 1 Limited Commercial ZoneRevzsions Planning Commission Stafj Repo, t Ma, ch 2003 FACTS ❑ The City Council has previously authonzed the Planning Commission to conduct public heanngs to consider the above described general plan amendment zone change and zone text amendment ❑ The requests before the Planning. Commission would generally accomplish the following ❑ Revise the Land Lse Element of the General Plan to allow for residential uses in the Limited Commercial Land Use Designation as a pe>nntted use Currently, this land use designation allows new residential uses only in conjunction with a new commercial or office use Revise the Land Use Designation and Land Use Map from General Commercial to Limited Commercial for the subject properties located north of Landing. Avenue ❑ Change the zone of the remaining General Corrunercial (C -2) zoned properties on Seal Beach Boulevard to Limited Commercial (L -C) The remaining properties in the C -2 zone classification are 3 properties north of Landing Avenue that have a total frontage of 125 feet on Seal Beach Boulevard ❑ Amend the Zoning Ordinance provisions of the L -C Zone to allow new residential construction as a permitted use in the L -C Zone Currently new residential uses are pennitted only in conjunction with a new commercial or office use ❑ Land Use and Housing Element Re\ isions ❑ The Land Use Element of the General Plan discusses "Limited Commercial Land Use' and generally indicates Businesses would be located at sti eet level with esidences up above on the second story The Task Foi ce has identified this type of land use as an alter native which deserves fui thei consider ation ' ❑ It is necessary to amend the language of this portion of the Land Use Element to reflect the appropriateness of residential use within this area without being developed in conjunction with a business ❑ This revision is necessary in order to comply with the consistency provisions of State law regarding General Plans and Zoning Map and Ordinances ❑ Revise the Land Use Designation and Land Use Map from `General Commercial' to ' Limited Commercial" for the subject properties located north of Landing Avenue and revise certain tables in the Land Use and Housing Elements to reflect the change in acres of the proposed land use and zoning designations ❑ Please refer to Attachment 1 to review the proposed resolution regarding these requests ❑ Zone Change Request ❑ The properties proposed to be changed from C 2 to L -C generally known as 303 307 and 309 Seal Beach Boulevard are located in the General Commercial (C -2) zone All of the parcels are rectangular in shape and all parcels are 103 32 feet in depth The three parcels ha\ e a total street frontage on Seal Beach Boulevard of 125 feet The total al ea of these three parcels is 12 915 square feet ZC 0 1 &. ZTS 0 1 PC Staf R pot' SBB Restdennal Uces 2 ?vegc true Dcclai anon 03 1 Gcnei al Plan Amendment 0) 1 Zoning Change 0 1 cnd Zone Teri 4mendnent 03 1 Limitec Co171n1e7 cial Zone Pe\ zslo Planning Commission Stiff Repor t Minch ? 200.) ❑ The C 2 zoned properties are currently developed with residential uses and are therefore legal non - conforming due Lo use as the C -2 Zone does not allow residential uses ❑ This ie \ision is necessary in order to comply with the consistency provisions of StaLe law iegarding General Plans and Zoning Map and Ordinances assuming, the proposed General Plan Land Use and Housing, Element Amendments are ultimately approved by the City Council ❑ Please refer to Attachrnent 2 to review the proposed resolution regarding the proposed zone change request ❑ Zone Text Amendment Request ❑ The text of Article 11 5 Limited Commercial Zone, Section 28 -1150 and 28 1151 requires le\isions to allow new residential construction as a permitted use m the L -C Zone Currently new residential uses are permitted onlv in conjunction with a new commercial or office use Revisions will be proposed throughout the L -C zone provisions to reflect this proposed amendment to the pen uses and development standards ❑ It is necessary to amend the language of this portion of the Zoning Ordinance to reflect the appropnateness of iesidential use within this area without being developed in conjunction with a business ❑ This revision is necessary in order to comply with the consistency provisions of State law regarding, General Plans and Zoning Map and Ordinances ❑ The proposed revisions will establish residential only development standards in conformance with the existing Residential Medium Density (RMD) standards with the exception of the front yard setback requirements, the front yard setback requirements is proposed to be the same as for the Residential High Density (RHD) Zone ❑ This will conform any future stand alone residential development within the L -C Zone to that of the adjoining residential properties to the west and north The front yard setback provision will allow for an average setback, which is not allowable under the pro\ isions of the Residential Medium Density (RMD) standards ❑ Please iefer to Attachment 3 to review the proposed resolution regarding the Zone TexL Amendment request ❑ A mixture of single family and multi- family residential uses in the Residential Medium and Residential High Density (RMD and RHD) zones abuts the subject area to the west and south Directly across Seal Beach Boulevard to the east is the main ship loading facilities for the Seal Beach Naval Weapons Station in the Public Land Use /Recreation (PLU /R) Zone North of the subject area along Seal Beach Boulevard are new single family residences in the RMD zone This residential aevelopment was previously zoned C2 ❑ The Crt\ has previously approved re \isions Lo the Land Use Element and a zone change regarding the Shore Shop properties located north of Landing Avenue along Seal Beach Boulevard The City adopted Negative Declaration 98 3 — Anaheim Bay Villas — General Plan Lana Use Element Ainenament and o Zone Change from General ZC 0 1 & :TA 1 PC a i Re)oi SBB R °suer al Use Negative Dccl nation 0 1 Genet al Plan 4mendment 03 1 Zoning Change 03 1 and Zone Text amendment 03 1 Limited Commen coal Zone Revisions Planning Commission Stafj Repot t Mat ch 3 2003 Commercial Land Use Element designation and C -2 Zone to Residential Medium Density Land Use Element designation and Residential Medium Density (RMD) Zoning designation" This Negative Declaration evaluated potential impacts for a General Plan Land Use Element Amendment and Zone Change to allow for the construction of 9 residences immediately to the north of the 3 properties currentiv located in the C 2 zone north of Landing, Avenue The accompanying zone change request was approved by the City, the California Coastal Commission, and 8 of the 9 permitted homes have been constructed ❑ The proposed residential development standards would penult a density of 17 4 units per acre (2 500 square feet of land area per unit), or I unit for each 25 -foot wide lot within the project area Many of the properties are currently developed with existing, legal, non - confoiming multiple - family residential properties and it is not anticipated that these developments would be removed for the replacement with single family residences due to the economic factors involved with high rental rates in this area of the City If all of the existing legal non - conforming, multiple family residential unit developments (50 units) were to demolished and replaced with allowable new single family units only (approximately 27 units) the area would expenence a net loss of 23 units, resulting m a net population loss to this area of the cormnunity and a maximum potential loss of 0 16% of the total number of housing units within the City BACKGROUND Backgi ound on Cu; i ent Revision Pi ocess On July 8, 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulev and The Planning Department held ` Public Information Meetings' to discuss the direction of the City Council the history of zoning of the area, and is for discussion on July 31 and November 20 2002 Based on the discussions at those mfonnation meetings staff has proceeded with the request as presented The requests being considered, in the opinion of staff, geneially confoiui to the expressed desires of the majonty of persons that attended the information meetings Provided as Attachments 4 and 5 are copies of the Agendas meeting, materials and meeting minutes of chose Public Information Meetings of July 31 and November 20, 2002, respectively Overview of pi evious Zoning Revisions in Genei al 4i ea In review ing the zoning records of the City the following infoiuiation is presented regaiding the history of the subject piopernes and adjoining properties along Seal Beach Boulevard ❑ Ordinance No 628, adopted June 17, 1963 — Subject area was zonea C 1 ❑ Ordinance No 948 adopted December 9 1974 — Subject area zoning changed from C 1 to C2 • Zone Text Amendment 4 -83 (Residential Overlay Zone) ZC 0 1 3 ZT A, O.) 1 PC Stan Report SBB Resid -n ial Ls s 4 ■ Negat' e Declai arson 0D 1 Gunei al Plan 4niendment 03 1 Zoning Change 0D 1 and Zone Telt 4mendment 01 1 Lnnitcd Comm.et cial Zone Rev sions Planning Commission Staff Repoi t �Llat ch 2003 ❑ Proposed creation of a "Residential Overlay Zone" on Seal Beach Boulevard between Electnc Avenue and Pacific Coast Highway and on the north side of Electnc Avenue between Seal Beach Boulevard and Seventeenth Street ❑ Planning Commission recommended approval of ZT A 4 -83 on July 6 1983 ❑ Recommendation was to create a Residential Overlay Zone designation that would pen either residential uses above commercial uses or the replacement of existing, units on a one for one basis ❑ New residential construction proposed under the Residential Overlav Zone designation would require conditional use pennrt approval ❑ kny recycling or redevelopment of property would require the provision of on -site parking in accordance with code provisions ❑ City Council took no action and referred back to the Planning Commission on July 18, 1983 ❑ No further action on proposal ❑ Ordinance 1346 and 1347, adopted January 13 1992 ❑ Established "Limited - Commercial zone (Ordinance 1346) ❑ Approved change in zoning, from C -2 to L -C (Ordinance 1347) ❑ 13 lots involved in zone change — all of the west side of Seal Beach Boulevard between Landing Avenue and the Electnc Avenue alley ❑ Two properties have received approval from city to build under the L -C provisions ❑ Walt Miller project — approved by city and coastal commission not constructed ❑ Medhat Raouf project — approved by city and coastal commission, not constructed ❑ Ordinance 1442 adopted June 28 1999 ❑ Anaheim Bay Villas project ( Shore Shop' property), north of Landing Avenue ❑ Change in zoning from C 2 to RMD ❑ 9 lots involved in zone change ❑ 7 homes constructed 7 homes sold ❑ 1 building site to be constructed upon Regional Water Quality Control Board clearance ks can been seen by the abo\ e information, the Cit\ has struggled to find a zoning development policy for this area that will result in a development pattern that is acceptable to the community, reflects the desires of property owners along Seal Beach Boulevard and that is compatible with the aajoinrng residential land uses PROJECT OBJECTIVE • Staff has identified the project objective of allowing, for greater flexrbrlit\ in the allowable land uses within the Limited Commercial General Plan Land Use Element land use designation and the Limited Commercial provisions of the Seal Beach Zoning Ordinance In 1992 the City established the Limited Commercial General Plan Land Use Element land use designation and the `Limited Commercial' provisions of the Seal Beach Zoning Ordinance in an attempt to encourage pnvate revitalization of the subject properties along Seal Beach Boulevard Pnor to 1992 the properties w ere located in a General Cotrunercial Land Use Element and Zoning designation and no new commercial development had occurred in the area in over 20 weals ZC 0) 1 & ZTA 0., 1 PC Stair RLoat SBB RLsiden+lal Us -s Negative Dec lit at on 0 } 1 Genet al Plan 4mendment 0_) 1 Zoning Change 0> r and Zone Text 4mcndment 0 1 Limited Commercial Zone Revisions Planning Commission Staff Repot t Match .) 2003 The 1992 revisions were adopted to encourage a range of mixed -use developments, including new residential development IL was hoped the ability Lo also construct residential land uses in conjunction with a commercial or office use w ould serve as an additional incennve for private revitalization efforts Those efforts have not been successful and the City is now proposing to allow a free standing residential de\ elopment in the area also DISCUSSION Genet al Plan Amendment 03 -1 — Land Use & Housina Element Revision (Refer to Attachment 1) ❑ The Land Use Element of the General Plan discusses Limited Commercial Land Use" and generally indicates `Businesses -would be located at sti eet level with r esidences up above on the second story The Task, For has identified this type of land use as an alter native which deserves fur then consider ation " ❑ It is necessary to amend the language of this portion of the Land Use Element to reflect the appropnateness of residential use within this area without being developed in conjunction with a business ❑ This revision is necessary in ordei to comply with the consistency provisions of State law regarding General Plans and Zoning Map and Ordinances ❑ Staff proposes the following language amendments to the Land Use Element of the Geneial Plan to reflect the revised land use allowable uses for the Limited Commercial Land Use Designation as appears on pages 22 and 23 of the Land Use Element of the General Plan (Note Existing language to be deleted is indicated by = _ -; = _ -- .: -; and new language to be added is indicated by bold and double underline) CO(Y[MERCIAL LAND U SE 1 LIMITED COMMERCL4L L 4ND USE The purpose of creating a mixed -use zoning standard is to develop a land use and development standard that creates a climate for renewal encourages vehicle tnp reduction, and reinforces the "village" theme The proposed development standards and guidelines will guide the orderly improvement of -n, —a=c -a those areas along Seal Beach Boulevard :- - - - - =— - -- south of Pacific Coast HiahvA av and north of the Electric Avenue alley that are located in the "Limited Commercial" land use designation The development standards should provide a transition between the more intense commercial uses along Seal Beach Boulevard and the residential areas to the w est The allowable uses and intensity of development permitted should be compatible with the adjoining residential areas ZC 0 ] 3. ZTk 0.) 1 G C Staff Report SOB Resid neat Uses 6 Negari' e Deck; alien 03 1 Gene; al Elan 4menament 03 1 Zoncna Change 03 1 and Zohe Tcrr 4menament 03 1 Lrmtted Comore; cial Zone Re zs;ons Plann'ng Commission Staff Penoi Ma; ch J 2003 Current and uses along Seal Beach Boulevard located in the ' Limited Commercial' land use designation consist of a mixture of high density residential low intensity office small commercial uses and vacant land The proposed development standards should act as an incentive to help renew this area, and bnng about economic de\ elopment to an area of the City which does not present a desirable "window" into the City A mayor objective of the proposed development standards should be to recognize the inherent opportunities of the area, and encourage full utilization of those opportunities In de\ eloping standards and guidelines for the area a mixture of residential professional office service commercial low intensity retail commercial and institutional uses are contemplated The office, commercial service and institutional uses should be restncted to those that seem to fit the size scale and intensity of the existing. development pattern of the community The intent would be to encourage the sort of enterprise that can be conducted w ithout ad\ ersely impacting adjoining residential areas and to pro\ ide ser' ices that local residents would be inclined to wall. to In 1992 the City established the `Limited Commet cial Genet al Plan Land Use Element land use designation and the Limited Commercial' prop isions of the Seal Beach Zoning Oi distance in an attempt to encoui age prig ate l e's italication of properties along Seal Beach Boulevai d Pt for to 1992 these properties were located in a "General Commet cial' Land Use Element and Zoning designation, and no new commercial development had occurred in the area in ov er 20 gears The 1992 revisions were adopted to encourage a t ange of mixed -use developments, including new residential development It was hoped the ability to also construct residential land uses in conjunction w ith a commei cial or office use would serve as an additional incentive for pm ate i e. italuation efforts Those efforts have not been successful and the City has also determined it is appropriate to allow foi ft ee- standing residential deg elopment in the area also — - __ — r � — ___-- ' ; _—. - -; —_ ;_— ; -; _. — 1 1 : - - , ,7 e - - — S—i - r1 - - - - 1 - -_ -- - - -- - - -- - - - -- - - - -- ..- - r F,Ju 1 3 g. 1� 'Z __ i l l i � _ - sr s uir ZC u 1 & ZT-, 0 1 °C Sta R-pon X55 R s,a n'al USL. % Negative Declat anon 03 1 Genet al Plan Amendment 01 1 Zoning Change 0D 1 and Zone Tar Amendment 0i 1 Limited Comtnet ctal Zone Revisions Planning Cotnnusston Staff Repot t Match 200i r - - 4dditionally 4naheim Bay and ocean views are offered from the second story along Seal Beach Boulevard This is a strong marketing amenity for residential property and would provide additional ocean view homesites m the City of Seal Beach — _ . —_- ° _ : —. : —_ —_ : _' = : - _ — — ❑ In addition to the above textual change within the Land Use Element of the General Plan, it would be necessary to revise the "Summary Table of Existing and Pt oposed Land Uses in 9c7 es ' by reducing the Commercial General Category by 0 3 acres and increasing the Limited Commercial Category by 0 3 acres This amendment is necessary to reflect the physical re- designation of the three properties north of Landing Avenue that compnse 0 3 aci es ❑ Since this same table is also located in the Housing Element, it is necessary to amend this table to ensure consistency between the vanous elements of the General Plan ❑ It would also be necessary to amend the Land Use Map ' to indicate this proposed change in Land Use Designation for the three parcels northerly of Landing Avenue fiom General Commercial' to `Limited Conunercial" Zone Change 03 -1 (Refei to Attachment 2) The proposed zone change would do Me following ❑ Change the zone of the remaining General Commercial (C -2) zoned properties on Seal Beach Boulevard to Limited Commercial (L -C) The remaining properties in the C -2 zone classification are 3 properties north of Landing Avenue that have a total frontage of 125 feet on Seal Beach Boulevard and compnse 0 3 acres Those properties are generally know n as 303 307, and 309 Seal Beach Boulevard ❑ In order to comply with State law provisions iequinng consistency between the Geneial Plan and the Zoning Ordinance and Map it would be necessary to change the zoning of the subject properties to be in conformance with the proposed Land Use Element 4)nendment Zone Text Amendment 03 -1 (Refei to Attachment 3) ZC 0 1 & ZTA 0 1 PC Staff Report SBB RiaLnnal Uees 8 lvegaizve Decla; anon 03 1 Genei al Plan Amendncn 03 1 Zoning Change 03 1 and Zone T elt Amendment 03 1 Limited Co7n111e1 ctal Zone Rc.titsions Planning Comnuss on Staff Repo, t Alaich .) 2003 ❑ The text of Article 11 5 Limited Commercial Zone Sections 28 -1150 and 28 1151 ould require revisions to allow new residential construction as a permitted use in the L C Zone Currently new residential uses are permitted only in conjunction with a new commercial or office use ❑ It is necessary to amend the language of this portion of the Zoning Ordinance to reflect the appropnateness of residential use v. ithrn this area v<About being developed in conjunction with a business ❑ This revision is necessary in order to comply with the consistency provisions of State law regarding General Plans and Zoning Map and Ordinances ❑ The Planning Department held `Public Information Meetings ' to discuss the direction of the City Council the history of zoning. of the aiea and issues for discussion on July 31 and November 20, 2002 ❑ Based on the discussions at those information meetings staff has proceeded with the request as presented The requests being considered, in the opinion of staff generally conform to the expressed desires of the majonty of persons that attended the information meetings ❑ The proposed revisions would allow new residential development as a permitted use without being de\ eloped in conjunction vz ith a proposed commercial or professional office use and will reference all existing development standards of the Residential Medium Density" (RMD) Zone, except for the front yard setback requirements Residentially zoned properties to the west and north are currently zoned `Residential Medium Density" (RMD) ❑ The front yara setback provisions of the `Residential High Density (RHD) Zone are proposed as they allow for greater design flexibility for the front yard setback than does the provisions of the Residential Medium Density (RMD) Zone , which are the applicable standards for residential development that can occur on the properties immediately westerly of the subject properties ❑ Only Section 28 -150 and 28 1151 require amendments all other provisions of Article 11 5 remain unchanged Staff recommends that the Planning Commission recommend to the City Council the amendment of the development provisions of the Limited Commercial (L -C) Zone, as indicated below (Note Existing Language to be deleted is indicated b\ = -- ` =: = and new language to be added is indicated by bold and double underline Article 11 Limited Commercial Zone Section 28 1 150 Declaration of Legislative Intent IL is hereby declared to be the intent of the LC - Limited Commercial Zone to establish reasonable standards that Uennit and control limn Led commercial and office uses in conjunction with ZC (1 1 & ZT4 0 1 PC St.. 1 Report SOB Residenu..l Lse 9 Arcgattve Decla; anon 03 1 Genet al Plan Amenament 0> t Zonzn,S Change 0D 1 and Zone Text 4mendment 0D 1 Ltnuted Conunet cull Zone Revtstons Planning Conuntsston Staff Renoit ldatch 2003 residential uses -- _ — — - - Furthermore it is the intent of this part to • Encourage commercial service institutional and office uses that do not attract large volumes of traffic and continuous customer turnover B Limit and discourage development of stnp -type, highway onented commercial uses that create traffic hazaids and congestion because they require numerous individual curb cuts and generate higher traffic volumes C Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the zone D Encourage elimination of curb cuts for vehicular access and promote more efficient and economical parking facilities, utilizing both on- street parking off - street parking and off -site parking facilities E Encourage uses that minimize noise and congestion F Recognize that mixed -use developments may not be the only acceptable land use by also allovuna residential development to occur as a stand -alone use V► ithin the Limited Commercial Zone Section 28 -1151 PeiHutted Uses In the L -C zone, the following uses only are peilLntted and as hereinafter specifically provided and allowed by this article S Retail specialty shops including but not limited to the sale of gifts antiques, flowers books jevv elrv, apparel, tobacco and related supplies, or craft shops, making articles exclusrvel\ for retail sale on the premises B Personal service shops including, but not limited to tailor barber beauty salon shoe repair, dressmaking, or similar service uses C Business offices including but not limited to secunty and commodity brokerage, real estate sales, travel agency employment counseling insurance sales, advertising mailing and stenographic services and other services of a similar nature D Studios for dance, art, music photography radio 01 television E Professional offices foi lawyers engineers architects lanascape architects urban planners accountants economic consultants doctors dentists, chiropiactors or other practitioneis of the healing arts for humans or other professionals of a similar nature ZC 0 1 ZTA I PC Staff Repon SBB Residential Lsc.s 10 Negative Declar ation 03 1 Gehei al Plan 4mendment 03 1 Zoning Chcnge 03 1 and Zone Test 4rnendment 03 1 Lcnz Con inertial Zone Revisions Planning Comnu3s1on Staff Report Minch 5 200i F Residential uses located only on the second floor and above a when in conjunction with a peuiiitted or conditionally peuuitted non- residential use All such uses shall comph with all provisions of this Article pertaining to residential development G Nursery schools, day care centers private or trade schools outdoor play hours shall be limited to between 9 00 a m and J 00 p m H Residential use located as a stand -alone use not in conjunction with a permitted or conditionally _permitted non - residential use Said uses shall comph with all of the development standards for the Residential Medium Density Zone (RRMD Zone) except for the Front ' and Setback requirements, Vk hich shall be m conformance with the development standards of the Residential High Density Zone (RHD Zone) District I standard 1-1- I Anv use determined by the Planning Corrunission to be of a nature similar to the uses listed above ' NONCONFORMING LAND USES A concern has previously been expressed regal ding the impact of the proposed amendments set forth above on the status of existing properties located in both the existing Limited Commercial ' and the `General Commercial ' Land Use and Zoning Designations The provisions regarding non- confoiuinng uses are set forth in Article 24, General Provisions Conditions and Exceptions, Nonconforming Buildings and Uses Existing Residential Commercial and Mixed -Use Uses „ ithui Impacted Area ❑ Residential Only Uses of Property Since the majority of the properties in the subject area are developed with residential uses, those uses are all considered to be legal, non- conforming as the previous and current zoned C 2 properties did not allow for residential construction ❑ Currently existing mixed -use commercial and residential uses may be legal non - confonnmg or confoiniing depenaing as to whether those uses would comply with the current mixed use development standards of the L -C zone ❑ Currently existing commercial uses may be legal non- confoitiung or conforming depending as to whether those uses would comply with the current mixed -use development standards of the L -C zone ZC Jb 1 6, ZTk 0) 1 PC Staff R -port SBB Residential uses 1 1 Negative Dc_cla, anon 0D 1 Genes al Plan 4mendment 03 1 Zoning Change 0D 1 and Zone Tent Amendment 02 1 Limited Commeiczal Zone Revisions Planning Comn tssion Staff Repo' t Alai ch 5 200D Code Pt ovisions regarding the Ability to Reconstruct Damaged or Destroyed TN onconforming Structures ❑ Section 28 2406 A of the Code indicates that all nonconfoiuung structures, residential or commercial in nature damaged or destroyed to the extent of not more than 0% may be restored and used in the manner as existed pnor to the damage or destruction ❑ Section 28 -2406 B of the Code provides that residential structures and uses damaged or destroyed more than 50% may be reconstructed upon meeting certain cntena and subject to either an administrative staff review and approval or the Planning Commission approval of a minor plan review ❑ Section 28 2406 C of the Code provides that non - residential structures and uses damaged or destroyed more than 50% may be reconstructed upon meeting certain cntena and subject to approval or the Planning Commission approval of a minor plan review None of the proposed actions regarding the General Plan Amendments Zone Change, or Zone Text Amendment will revise these pro\ isions or change their applicability to the subject properties The text of the above referenced provisions of the Code are provided as Attachment 7 for the information of the Commission An e -mail communication from Richaid Grossgold an owner of property on Seal Beach Boulevard regarding this issue is provided as Attachment 8 ENVIRONMENT 4L REVIEW The City has prepared proposed Negative Declaration 03 -1 and the document has been circulated for the required 30 -day public comment period Commments will be received on the proposed Negative Declaration until March 17, 2003 Upon completion of the public comment penod the proposed Negative Declaration and all comments received will be forwarded to the City Council for consideration at the time of their public hearings on the subject requests The proposed Negative Declaration fully evaluates all areas of environmental concern and determines that all impacts are of a "Less Than Significant Impact' or `No Impact' Please refer to Attachment 6 to review the subject Negative Declaration The proposed Negative Declaration indicates the proposed project will have a `Less Than Significant Impact' upon the following areas of concern ❑ Aesthetics ❑ Public Services ❑ Air Quality ❑ Recreation ❑ Geology and Soils ❑ Transportation/Traffic ❑ Hazards and Hazardous Matenals ❑ Utilities and Ser,ice Systems, and ❑ Hydrology and Watei Quality ❑ Mandatory Findings of Significance ❑ Noise ZC 0) 1 & ZT 0) 1 PC S aff Rcoon SBB Res)dcnual Uses 12 The proposed Negative Declaration indicates the proposed project will have `No Impact upon the following areas of concern ❑ Agricultural Resources ❑ Land Ilse and Planning ❑ Biological Resources ❑ Mineral Resources ❑ Cultural Resources ❑ Population and Housing Interested citizens and members of the Planning Commission may provide comments relate e to the proposed Negative Declaration Those comments will be forwarded to the City Council for consideration at the time of their public heanngs on these requests The City Council will make a decision as to the adequacy of the Negative Declaration and its adoption RECOMMEND ATION Staff recommends that after receiving both wntten and oial testimony presented during the public heanng the Commission recommend appioval by the City Council of ❑ General Plan Amendment 03 1 — A request to amend the Land Use Element of the General Plan to revise allowable uses within the Limited Commercial Land Use Designation to allow residential uses not in conjunction with a related commercial or office land use Revise a land use table to reflect the changes in land use designations for the General Commercial and Limited Corrunercral designations to reflect the proposed zone change Revise the Land Use Designation and Land Use Map from General Commercial to Limited Commercial for the subject properties located north of Landing Avenue Since a land use table is also located in the Housing Element it is necessary to amend this table in the Housing Element to ensure consistency between the vanous elements of the General Plan ❑ Zone Change 03 -1 A request to change the zone on properties located from Landing Avenue 125 feet north on Seal Beach Boulevard (303, 307 and 309 Seal Beach Boulevard) from General Commercial (C 2) to Lrmrted Commercial (L -C) ❑ Zone Text Amendment 03 -1 — A request to amend the provisions of the Limited Commercial (L -C) Zone to allow new residential construction as a permitted use in the L C Zone Currently new residential uses are pemitted only in conjunction with an allowable business use Should the Commission follow Staffs recommendation Staff has prepared appropnate resolutions for consideration by the Planning Commission Please refer to Attachments 1 through 3 respectively ti6e Whittenberg Director Department of Development Se v ,.es C \Dowm °nts and Settin_ \L■ hmennera N1 Docurents Zone Char, ZC 0 I ZTk 0 1 PC Staff R °non SBB Resiaenual Us -s doc L 0_ _D U Negcuzve Dccla7 anon 03 1 Genet al Plan 4mcnan ent 03 1 Zon117g Change Oi 1 and Zone Ter Amendment 0 1 Ltmtted Commet cial Zone Revisions Planning Com7nISS1on Staf Repot t Mat cli .) 2003 Attachments (8) Attachment 1 Proposed Planning Commission Resolution 03 -11, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of General Plan Amendment 03 -1 Amending the Land Use and Housing Elements (Limited Commercial General Plan Revisions) Attachment 2 Resolution Number 03 -12, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of Zone Change 03 -1 Changing the Zoning Designation from General Commercial (C 2) to Limited Commercial (L -C) at 303, 307, and 309 Seal Beach Boule'. and Attachment 3 Resolution Number 03 -13 A Resolution of the Planning Commission of the City of Seal Beach Approving Zone Text Amendment No 03 -1, Revising the Development Standards of the Limited Commercial (L -C) Zone Attachment 4 Agenda meeting materials and meeting minutes of Public Infoiniation Meeting of November 20 2002 Attachment 5 Agenda, meeting matenais and meeting minutes of Public Information Meeting of July 31, 2002 Attachment 6 Proposed Negative Declaration 03 -1, dated February 11, 2003 Attachment 7 Excerpts of Section 28 -2406 of the Code relating to Reconstruction of Damaged or Destroyed Nonconforming Buildings Attachment 8 E -Mail Letter from Richard Grossgold, Sent Tuesday 2 /25/2003 2 08 PM ZC 0 ] 8 ZTP O. 1 °C Staff Report SBB Presidential Uses 1 d Negat ve Declai anon 03 1 Genet al Plan Amendment 03 1 Zoning Change 03 1 and Zone Teat Amendment 03 1 Limited Commeictal Zone Revisions Planning Commission Staff Repot 1 Mai ch 5 2003 ATTACHMENT 1 RESOLUTION NO 03 - 11, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT 03 -1, AMENDING THE LAND USE AND HOUSING ELEMENTS (LIMITED COMMERCIAL GENERAL PL 4N REVISIONS) ZC 0 1 SC ZTA 0.) 1 PC Staff Report SBB Resioential Uses 1J Negative Declar cttton 03 1 Genei al Plan Amendment 03 1 Zoning Change 03 1 and Zone Test Amendment 0D 1 Lt/lilted Co1717710 ctal Zone Rev signs Planning Commtsston StafRevor t March 2003 RESOLUTION NO 03 - 11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT 03 -1 AMENDING THE LAND USE AND HOUSING ELEMENTS (LIMITED COMMERCIAL GENERAL PLAN REVISIONS) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 On July 8 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard The Planning Department held "Public Infonnation Meetings' to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 Based on the discussions at those rnfoiiiration meetings staff has proceeded with the request as presented Section 2 The requests being considered in the opinion of staff generally confoiin to the expressed desires of the majonty of persons that attended the information meetings Section 3 Pursuant to 1 Calif Code of Regs § 15025(a) and §§ II C and III of the City s Local CEQA Guidelines, staff prepared an Imtial Study and a Negative Declaration, which is being circulated for public review and comment from February 11, 2003 to March 17, 2003 in compliance with the provisions of the California Environmental Quality Act and the City s Local CEQA Guidelines The Negative Declaration 17 as reviewed by the Planning Commission at a public heanng held on March 5 2003 in relation to the land use proposal Section 4 A duly noticed public heanng was held before the Planning Commission on March 5 2003 to consider the subject applications At the public heanng the Planning Commission invited and considered any and all testimony offered in favor or opposition to said applications Section 5 The record of the heanngs indicates the following a) The City of Seal Beach seeks to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard ZC 0_, 1 & ZT 0 1 °C Staff Repor SBB RLs,dent a1 Uses 1 Ivegattve Declaration 03 1 Genet al Plan Amendment 03 1 Zoning Change OJ 1 and Zone Tell 4menament 03 1 Limited Commetctal Zone Rev'stons Planning Commission Staff Rena, t Mat clr J 200 b) On July 8 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard c) The Planning Department held `Public Infonnation Meetings' to discuss the direction of the City Council the history of zoning of the area and issues for discussion on July 31 and November 20 2002 d) A mixture of single family and multi family residential uses in the Residential Medium and Residential High Density (RMD and RHD) zones abuts the subject area to the west and south Directly across Seal Beach Boulevard to the east is the main ship loading facilities for the Seal Beach Naval Weapons Station, in the Public Land Use /Recreation (PLU /R) Zone North of the subject area along Seal Beach Boulevard are new single - family residences in the RMD zone This residential development was previously zoned C 2 e) The City has previously approved revisions to the Land Use Element and a zone change regarding the "Shore Shop' properties located north of Landing Avenue along Seal Beach Boulevard The City adopted Negative Declaration 98 -3 — Anaheim Bay Villas — General Plan Land Use Element Amendment and Zone Change from General Commercial Land Use Element designation and C 2 Zone to Residential Medium Density Land Use Element designation and Residential Medium Density (RMD) Zoning designation' This Negative Declaration evaluated potential impacts for a General Plan Land Use Element Amendment and Zone Change to allow for the construction of 9 residences immediately to the north of the 3 properties currently located in the C -2 zone north of Landing Avenue The accompanying zone change request was approved by the City the California Coastal Commission, and 8 of the 9 permitted homes have been constructed f) The proposed residential development standards would pennit a density of 17 4 units per acre, or 1 unit for each 25 -foot wide lot within the project area Many of the properties are currently developed ith existing legal non - conforming multiple family residential properties, and it is not anticipated that these developments would be removed for the replacement with single family residences, due to the economic factors involved vs ith high rental rates in this area of the City g) If all of the existing legal non - conforming multiple family residential unit developments (50 units) were to demolished and replaced with allowable new single family units only (approximately 27 units), the area would expenence a net loss of 23 units resulting in a net population loss to this area of the community, and a maximum potential loss of 0 16% of the total number of housing units within the City Section 6 Based upon substantial evidence in the record of the Planning Commission heanngs regarding the application, including the facts stated in § 5 of this resolution, and m the environmental documentation prepared in conjunction vl ith this project ana pursuant to §§ 28 2600 and 28 -2602 of the City s Code the Planning Commission hereby finds that General Plan Land Use Element Amendment 03 -1 will be beneficial to the short tern and long term land use goals of the City of Seal Beach The Planning Commission further finds that approval of Lhe subject applications will promote the public health safety and welfare ZC U 1 & ZTA CD 1 PC Staff Report. SBB Pesidenual Uees 17 Negative Declai atior D 1 Gcnei al Plan 4mendment D 1 Zoning Change D 1 and Zone Tc i 4aendment 0 1 L awed Commei cial Zone Pevisions Planning CoMm'ssion Staff Repot r i1 [ai ch 2003 Therefore the Planning Commission finds that the requested amendments to the General Plan Land Use Element of the City of Seal Beach will be in the public interest and makes the following findings of fact a) The proposed General Plan Amendments will confoiiii land uses to the goals and policies of the Land Use Element for the subject area as revised and provides for a comprehensive development option which accomplishes the following goals of the City in achieving sustainable development on the subject property 1 Creates a land use classification that is compatible and consistent with the prevailing pattern of land uses in the immediate vicinity 2 Promotes the general integrity of the neighborhood by allowing for a combination of both retail office and residential uses that are intended to encourage ievitahzation of the subject properties 3 Creates a comprehensive development program for underutilized and potentially incompatible properties b) The Planning Commission has identified the project objective of allowing for greater flexibility in the allowable land uses within the Limited Commercial' General Plan Land Use Element land use designation and the `Limited Commercial' provisions of the Seal Beach Zoning Ordinance c) In 1992 the City established the `Limited Commercial ' General Plan Land Use Element land use designation and the "Limited Commercial" provisions of the Seal Beach Zoning Ordinance in an attempt to encourage pnvate revitalization of the subject properties along Seal Beach Boulevard Pnor to 1992 the properties were located in a "General Commercial' Land Use Element and Zoning designation and no new commercial development had occurred in the area in over 20 years d) The 1992 revisions u ere adopted to encourage a range of mixed -use developments including new residential development It was hoped the ability to also construct residential land uses in conjunction with a commercial or office use would serve as an additional incentive for pnvate revitalization efforts Those efforts have not been successful and the City is now proposing to allow a free standing residential development in the area also e) The proposea amendments to the `Limited Commercial Land Use designations and Zomng provisions and the necessary General Plan amendments, will not be detrimental to the short teen or long tenn goals or objectives of the City of Seal Beach and are in the Interest of the public health safety and welfare The proposed amendment is consistent with the General Plan as amended Section 7 Based on the foregoing Sections 1 through 6 the Planning Commission hereby recommends that the City Council approNe General Plan krnenomeni 03 -1 Amending the Land Use and Housing Elements as set forth below ZC 0 1 & ZT4 0 1 PC St '; Repor SBB Pesiaenual Use 18 Negative Decial att071 03 1 Genet al Dlan Amendment 03 1 Zoning Changc 03 1 and Zonc Tcut -1mcndment 03 1 Limited Commet cnal Zone Ref isions Planning Commission Staff Repot t Mat cli 5 2003 1 Revise Page 22 and 23 of the Land Use Element to read as follows COMMERCIAL LAND USE 1 LIMITED COMMERCIAL LAND USE The purpose of creating a mixed -use zoning standard is to develop a land use and development standard that creates a climate for renewal encourages vehicle tnp reduction, and reinforces the "village" theme The proposed development standards and guidelines w ill guide the orderly improvement of those areas along Seal Beach Boulevard, south of Pacific Coast Highway and north of the Electric Avenue alley that are located in the ` Limited Commercial ' land use designation The development standards should provide a transition between the more intense commercial uses along Seal Beach Boulevard and the residential areas to the west The allowable uses and intensity of development permitted should be compatible with the adjoining residential areas Current land uses along Seal Beach Boulevard located in the "Limited Commercial" land use designation consist of a mixture of high density residential, low intensity office small commercial uses, and vacant land The proposed development standards should act as an incentive to help renew this area, and bung about economic development to an area of the City which does not present a desirable "window" into the City A mayor objective of the proposed development standards should be to recognize the inherent opportunities of the area, and encourage full utilization of those opportunities In developing standards and guidelines for the area a mixture of residential professional office, service commercial low intensity retail coininercial and institutional uses are contemplated The office, commercial, service and institutional uses should be restncted to those that seem to fit the size, scale and intensity of the existing development pattern of the community The intent would be to encourage the sort of enterpnse that can be conducted without adversely impacting adjoining residential areas and to provide services that local residents would be inclined to walk to In 1992 the City established the ` Limited Commercial' General Plan Land Use Element land use designation and the "Limited Commercial pro\ isions of the Seal Beach Zoning Ordinance m an attempt to encourage pnvate revitalization of properties along Seal Beach Boulevard Pnor to 1992 these properties were located in a General Commercial Land Use Element and Zoning designation and no new commercial development had occurred in the area m over 20 years The 1992 revisions were adopted to encourage a range of mixed -use developments, including new residential development It was hoped the ability to also construct residential land uses in conjunction vv ith a commercial ZC 0 1 K ZT 0 1 PC S aff Report SOB R J es 19 Negative Dcclat arson 03 1 Genet al Plat 4metzdment 03 1 Zoning Change 03 1 and Zone Te 4mend Went 0 1 Lututed Commet ctal Zone Pcviszons Planning Commtsston Staff Revott Win ch 2003 or office use would serve as an additional incentive for pnvaLe re\ itahzation efforts Those efforts have not been successful and the City has also deteunined it is anpropnate to allow for free - standing resiaential development in the area also kddiLionally knaheim Bav and ocean views are offered from the second story along Seal Beach Boulevard This is a stiong marketing amenity for residential property and w ould provide additional ocean view homesites in the City of Seal Beach " Revise the Land Use Element ` Summary Table of Existing and Proposed Land Uses in Acres by reducing the Commercial General Category by 0 3 acres and increasing the Limited Commercial Category by 0 3 acres Page 15 -16 of the Land Use Element is revised accordingly to read as follows LAND USE TABLE The following table depicts the existing and proposed land use acreage for each land use category in the Geneial Plan Proposed/ Designation Developed Undeveloped Total Residential Low 670 6 0 0 670 6 Medium 652 5 0 0 652 5 High 161 0 0 0 161 0 Commercial Limited Commercial 2 6 0 0 2 6 Professional Office 0 0 0 0 0 0 Service 5D 8 0 0 » 8 General 162 2 0 3 162 5 Industrial Light 126 2 0 0 126 Oil Extraction 23 2 0 0 28 2 Quasi- Public Golf Course 264 8 0 0 26 8 Wetlands 32 8 0 0 32 8 Public Cit\ Parks 81 s 7 0 88 a ZC 0 1 0 ZTA 0 PC Sian Repo SBB Res aen'al Uses 20 Negative Declai anon 01 1 Genei al Plan 4mendment Oa 1 Zoning Change 03 I and Zone Tel, 4mendment 03 1 Limited Comniei cial Zone Revisions Planning Convivaston Staff Repo' t Mai ch 2003 City Schools 13 4 0 0 13 4 Flood Basin 34 7 0 0 34 7 Beaches 52 0 0 0 52 0 Police Station 1 5 0 0 1 5 Fire Stations 1 0 0 0 1 0 Civic Center 06 00 06 City Y and 3 0 0 0 3 0 PE R/W 82 00 82 Towne Center Greenbelt 12 4 0 0 12 4 Military 5 000 0 0 0 5 000 0 TOT kL 7,36 5 7 3 7,371 8" 3 Revise Table 16 of the Housing Element ` Seal Beach Acreage by General Plan Land Use Designations ' by reducing the Commercial General Category by 0 3 acres and mcreasmg the Limited Commercial Category by 0 3 acres Table 16 of the Housing Element is revised accordingly to read as follows "TABLE 16 Seal Beach Acreage by General Plan Land Use Designations Proposed/ Designation Developed Undeveloped Total Residential Low 670 6 0 0 670 6 Medium 652 5 0 0 652 5 High 161 0 0 0 161 0 Commercial Lnnrted Commercial 2 6 0 0 2 6 Professional Office 0 0 0 0 0 0 Service 55 8 0 0 55 8 General 162 2 0 3 162 5 Industnal Licht 126 2 0 0 126 2 Oil Extraction 28 2 0 0 28 2 Quasi - Public Golf Course 264 8 0 0 264 8 Wetlands 32 8 0 0 32 8 ZC 0 1 & ZTA 0 1 Staff R , -Dort SBB P- sldLnual Uses 21 Negative Dectar ation Oo 1 Gene, al Plan 4menament 01 1 Zoning Change 0o 1 and Zone Te r 4 menament 03 1 Limited Commer cial Zone Revisions Planning Commission Staff Repo, 41m ch .j 2003 Public City Parks 81 4 7 0 88 4 City Schools 13 4 0 0 13 4 Flood Basin 34 7 0 0 34 7 Beaches 52 0 0 0 0 Police Station 1 5 0 0 1 5 Fire Stations 1 0 0 0 1 0 Civic Center 0 6 0 0 0 6 City Yard 30 00 30 PE R/W 82 00 82 Towne Center Greenbelt 12 4 0 0 12 4 Military 5 000 0 0 0 5 000 0 TOTAL 7,364 5 7 3 7 371 8 4 The `City of Seal Beach Land Use Plan' is revised to amend the `Land Use Map to indicate this proposed change in Land Use Designation for the three parcels northerly of Landing Avenue from "General Commercial" to Limited Commercial ' as shown below ZC 0 & ZT 0 1 DC Staff R.noi SBB R-sidenu..l Us s Negative Declai ation 03 1 Genet al Plan 4mendmcni 0; 1 Zoning Change 03 1 and Zone Text Amendment 03 1 Limited Commet czal Zone Rei iszons Planning Commission Staff Repot t Mai ch . 2003 Proposed General Plan Land Use Designations — General Plan Amendment 03 -1 Limited Commercial Zoning Revisions CG ' - K o R _ = f / A , C G ° w co /' N ., ,/ / i., ? CG 4 ` f M CG t - /` CG - 4" . n CG \ ,MDR '13 41 M w s. 2 C , 0 >`, _ V ti \\ i -- — 4 • �� n 1 ' ti Subject Properties f — \ ` \\ - Exhibit 3 \ \ \ / ■ __ \ \ \.5 -\\ v , - — Proposed General Plan Land Use Designations i.. \ • ,\. '— / G LDR Low Density Residential r v MDR Medium Density Residential \ � ti HDR High Density Residential ., \ A \� ° LC Limited Commercial '/ > \ \ CG Commercial General o \ . 'r„ \ �6 P Public \\ \ 'Q M _ ` / _ / M Military I _ - � !' \ \ 0 250 500 Feet - \� �� P 4SSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of , 2003, by the following vote AY ES Commissioners NOES Commissioners ABSENT Commissioners AB ST ANT Commissioners ZC O.J 1 & ZT 0.) 1 PC Staff Report SBB Residen ial Uses 2_) Negative Declaa ation Do 1 Genet al Plan 4mendment 03 1 Zoning Change 0 1 and Zone Tc t 4mcnament 0o 1 Lunt, ed Con1 net cial Zone Revisions Planning Commission Staff Rcnor t Mat ch 200 David Hood Ph D Chairman of the Planning. Commission Lee Whittenberg Secretary of the Planning Commission ZC 0 1 St ZTk 0 1 PC St ri P port SBB Resice-mal Uses 2 t Negative Declai ation 03 1 Genei al Plan Amendment 0) 1 Zoning Change 0) 1 and Zone Teat Amendment 03 1 Limited Conunei Zone Revisions Planning Commission Staff Repoi t Mai ch 5 2003 ATTACHMENT 2 RESOLUTION NUMBER 03 -12, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 03 -1, CHANGING THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (C -2) TO LIMITED COMMERCIAL (L -C) AT 303, 307, AND 309 SEAL BEACH BOULEVARD ZC 0_) ] & ZTS 0 I PC Staff Report SBB Residenua] Uses 25 Negative Declar atzori 0D 1 Guner al Plan 4znendznent 0D 1 Zoncng Changc 0D 1 and Zone Tey, 4mendment 03 1 Limited Commer czal Zone Revisions Planning Comnusszon Staff Report March 5 2003 RESOLUTION NUMBER 03 -12 k RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 03 -1 CHANGING THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (C -2) TO LIMITED COMMERCIAL (L -C) AT 303 307 AND 309 SEAL BEACH BOULEVARD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 On July 8 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevaid The Planning Department held Public Information Meetings' to discuss the direction of the City Council the history of zoning of the area and issues for discussion on July 31 and November 20, 2002 Based on the discussions at those information meetings staff has proceeded with the request as presented Section 2 The requests being considered, in the opinion of staff, generally confol n to the expressed desires of the rnajonty of persons that attended the information meetings Section 3 Pursuant to 14 Calif Code of Reas § 15025(a) and §§ II C and III of the City's Local CEQA Guidelines staff prepared an Initial Study and a Negative Declaration, which is being circulated for public review and cornrnent from February 11 2003 to March 17 2003, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQ A. Guidelines The Negative Declaration was reviewed by the Planning Commission at a public hearing held on March D, 2003 in relation to the land use proposal Section 4 A duly noticed public heanng was held before the Planning_ Commission on March 5 2003 to consider the subject applications 4t the public heanng the Planning Commission invited and considered any and all testimony offered in favor or opposition to said applications Section 5 The record of the hearings indicates the following a) The City of Seal Beach seeks to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard ZC 0 1 & ZT4 0 1 PC St�f°Repo SBB Pes den al Ls s 26 Negative Declai ation 03 1 Gene' al Plan Amendment 03 I Zoning Change 03 I and Zone Text Amendment 03 1 Limited Commercial Zone Rel isions Planning Commission Staff Repo; r �1�laich 200.3 b) On July 8 2002 the City Council authorized initiation of General Plan and Zone Change studies to consider alternative and uses for the existing L -C zoned areas on Seal Beach Boulevard c) The Planning Department held `Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area and issues for discussion on July 31 and November 20, 2002 d) A mixture of single family and multi - family residential uses in the Residential Medium and Residential High Density (RMD and RHD) zones abuts the subject area to the west and south Directly across Seal Beach Boulevard, to the east is the main ship loading facilities for the Seal Beach Naval Weapons Station in the Public Land Use /Recreation (PLU /R) Zone North of the subject area along Seal Beach Boulevard are new single family residences in the RMD zone This residential development was previously zoned C 2 e) The City has previously approved revisions to the Land Use Element and a zone change regarding the ' Shore Shop" properties located north of Landing Avenue along Seal Beach Boulevard The City adopted "Negative Declaration 98 -3 — Anaheim Bay Villas — General Plan Land Use Element Amendment and Zone Change from General Commercial Land Use Element designation and C -2 Zone to Residential Medium Density Land Use Element designation and Residential Medium Density (RMD) Zoning designation' This Negative Declaration evaluated potential impacts for a General Plan Land Use Element Amendment and Zone Change to allow for the construction of 9 residences immediately to the north of the 3 properties currently located in the C -2 zone north of Landing Avenue The accompanying zone change request was approved by the City the California Coastal Commission and 8 of the 9 pennitted homes have been constructed The proposed residential development standards would permit a density of 17 4 units per acre, or 1 unit for each 25 -foot wide lot within the pioject area Many of the properties are currently developed with existing legal, non - conforming multiple- family residential properties, and it is not anticipated that these developments would be removed for the replacement with single family residences due to the economic factois involved with high rental rates in this area of the City g) If all of the existing legal non- confoin_img multiple - family residential unit developments (50 units) were to demolished and replaced with allowable neu single family units only (approximately 27 units) the area would expenence a net loss of 23 units, resulting in a net population loss to this area of the community, and a maximum potential loss of 0 16% of the total number of housing units within the City Section 6 Based upon substantial evidence in the record of the Planning Commission hearings regarding the application including the facts stated in § 5 of this resolution and in the environmental documentation prepared in conjunction with this project and pursuant to §§ 28 -2600 and 28 2602 of the City s Code the Planning Commission hereby finds that Zone Change 03 -1 will be beneficial to the short teen and long term land use goals of the City of Seal Beach The Planning Commission further finds that approval of Zone Change 03 1 will promote the public health safety and welfare Therefore the Planning Commission ZC 0D 1 & ZT 4 0.) 1 PC Stafr Report SBB RLsidential Uses 27 Ncganvc Dec anon 0, 1 Genei al Plan 4mendment 03 1 Zonui, Change 03 1 and Zone Te 'ct Amendment 03 1 L mitca Commei cial Zone Retizsions Planning Commission Staf`Repoi Match 5 2003 finds that Zone Change 03 1 will be in the public interest and makes the follow mg findings of fact (a) Proposed Zone Change 03 1 will conform land uses to the goals and policies of the Land Use Element for the subject area as re\ ised by General Plan 4inendment 03 -1 and pro \ides for a comprehensive development option which accomplishes the following goals of the City in achieving sustainable development on the subject property 1 Creates a land use classification that is compatible and consistent ith the prevailing pattern of land uses in the immediate vicinity Promotes the general integrity of the neighborhood by allowing for a combination of both retail office and residential uses that aie intended to encourage revitalization of the subject properties 3 Creates a comprehensive development program for underutilized and potentially incompatible properties b) The Planning Commission has identified the project objective of allowing for greater flexibility in the allowable land uses within the "Limited Coininercial" General Plan Land Use Element land use designation and the `Limited Commercial provisions of the Seal Beach Zoning Ordinance The proposed zone change will include additional properties into that classification, thereby allowing greater de \elopment flexibility along the subject frontage of Seal Beach Boulevard c) In 1992 the City established the ' Limited Commercial' General Plan Land Use Element land use designation and the ' Limited Commercial" provisions of the Seal Beach Zoning Ordinance in an attempt to encourage pnvate revitalization of properties to the south of the subject properties along Seal Beach Boulevard Prior to 1992 the properties to the south were located in a Genei al Commercial Land Use Element and Zoning designation and no new commercial development had occurred in the area in over 20 years d) The 1992 revisions were adopted to encourage a range of mixed -use developments including new residential de\ elopment m the properties to the south that are currently zoned Limited Commercial It was hoped the ability to also construct residential land uses in conjunction with a commercial or office use would serve as an additional incentive for pm ate revitalization efforts Those efforts have not been successful and the City is now proposing to allow a free- stanaing residential development in the area also e) Proposed Zone Change 03 -1 and the necessary General Plan kinendments will not be detnmental to the short teiiu or long tenn goals or objectives of the City of Seal Beach and are in the interest of the public health safety and welfare Proposed Zone Change 03 1 is consistent with the General Plan, as amended pursuant to General Plan ninendment 03 -1 Section 7 Based on the foregoing Sections 1 through 6 the Planning Commission hereby recommends that the City Council appiove Zone Cnange 03 -1 to change the ZC 0.) 1 s ZTL. 0 1 PC Stan R -poi SBB R sid -,t al Uses 28 Ncgat ve Dec tar anon 03 1 Genet al Plan 4mendment 03 1 Zoning Change 03 1 and Zone Text Amendment 01 1 Ltmacd Commercial Zone Revisions Planning Commrsszon Staff Repo/ t March 5 2003 zoning designation of the subject piopernes located at 303, 307, and 309 Seal Beach Boulevard, located north of Landing Avenue and extending 125 northeily of Landing Avenue from C 2, Commercial Geneial to L -C Limited Commercial on the Zoning Map of the City of Seal Beach, as indicated below (said properties are legally described as Lots 1 3, 5, 7 and 9 Block 217 Tract No 10) Proposed Zoning Designations — Zone Change 03 -1 c C2 o „ ` ti i C2 , M N ^ k W . o\ ,. C2 ., " -- V i C2 , l C2 > PLU R ,, C2 ^ / C2 �. RM D T C2 \ ^ ; / \ > / ,. 1 7 µ ^ RMD (ZC 98 2) c , ' , ` V 4 7 y \ 4 ^ , _ _ - -- - A \ , , Subject Properties C ` '4' Q i - - --, _ -- — ^ 'Q \ \ `` f. Exhibit 4 \ • 4: ;. _ ,' i - ` ti P roposed Zoning Designations \ \ y Q V \ \ , 7 >- -- ^ - ti RLD Residential Low Density \ \ , . 0 RMD Residential Medium Density ^ > ` � •, -6 RMD Residential Medium Density \ PLU R RHD Residential Hiatt Density LC Limited Commercial ° -- 2 � \ f 1Q,S C2 General Commercial s 'l \ \ PLU R Public Land Use Recreational T' \ \/ �\ — '' 0 250 500 Feet PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of , 2003 by the following, vote AY ES Commissioners NOES Commissioners ABSENT Commissioners ZC 0 1 L ZTA 0 1 PC Staff Repo' SBB Resrd ntial Us ''s 79 Ne;ative Dectai anon 0D 1 Genei al Plm Amendment 03 I Zoning Change 0D-1 and Zone Ter 4mendmeni D 1 Limited Coinineicial Zone Revisions Planning Commission Staff Report March 5 200D A_BST SIN Commissioners David Hood Ph D Chainnan of the Planning Commission Lee Whittenberg Secretary of the Planning, Commission ZC 0 1 & ZTa 0 1 PC S at'R Dort SEE P °sideit 11 Uses 20 Negative Declatatton 03 1 General Plan Amendment 03 1 Zoning Change 03 1 and Zone Text Amendment 03 1 Limited Comnner ctal Zone Revisions Planning Comnusston Staff Repot t Match 5 2003 ATTACHMENT 3 RESOLUTION NUMBER 03 -13, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING ZONE TEXT AMENDMENT NO 03 -1, REVISING THE DEVELOPMENT STANDARDS OF THE LIMITED COMMERCIAL (L -C) ZONE ZC 0 1 & ZTA 03 1 PC Staff Report SBB Resideinal Uses 31 Megan oe Declai atton 0 1 Genet al Plan Amendment Os 1 Zoning Change 0 1 and Zone Teu Amendment 0J 1 Limited Cotnmet ctal Zone Rev stops Planning Commission Staff Repot t Match 5 2003 RESOLUTION NUMBER 03 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING ZONE TEXT AMENDMENT NO 03 -1 REV ISING THE DEVELOPMENT STANDARDS OF THE LIMITED COMMERCIAL (L -C) ZONE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 On July 8 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard The Planning Department held Public Information Meetings' to discuss the direction of the City Council the history of zoning of the area and issues for aiscussion on July 31 and November 20, 2002 Based on the discussions at those information meetings staff has proceeded with the request as presented Section 2 The requests being, considered, in the opinion of staff generally conform to the expiessed desires of the majonty of persons that attended the information meetings Section 3 Pursuant to 14 Calif Code of Regs § 1502b(a) and §§ II C and III of the City's Local CEQA Guidelines staff prepared an Initial Study and a Negative Declaration, which is being circulated for public review and comment from February 11 2003 to March 17 2003 in compliance with the provisions of the California Environmental Quality Act and the City s Local CEQ A Guidelines The Negative Declaration was reviewed by the Planning Con at a public heanng held on March 5 2003 in relation to the land use proposal Section 4 A duly noticed public heanng was held before the Planning Commission on March 5, 2003 to consider the subject applications At the public heanng the Planning Commission invited and considered any and all testimony offered in favor or opposition to said applications Section 5 The record of the hearings inarcates the follow ing a) The City of Seal Beach seeks to consiaer alternative land uses for the existing L C zoned areas on Seal Beach Boulevard b) On Jul) 8 2002 the City Council authonzed initiation of General Plan ana Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard ZC 0 1 8 ZT-, 0 t °C Stiff Report SBB R -siden at Uses 32 Negative Declai atloil 03 1 G nel al Plan 4mendment 03 1 Zoning Change 03 1 and Zone TL. ,t 4mendment 03 1 Limited Commei c7a1 Zone Revisions Planning Commission Staff Repot t Match 2003 c) The Planning Department held `Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area and issues for discussion on July 31 and November 20 2002 ✓ d) A mixture of single family and multi - family residential uses in the Residential Medium and Residential High Density (RMD and RHD) zones abuts the subject area to the vest and south Directly across Seal Beach Boulevard, to the east is the main ship loading facilities for the Seal Beach Naval Weapons Station in the Public Land Use /Recreation (PLU /R) Zone North of the subject area along Seal Beach Boulevard are new single family residences in the RMD zone This residential development was previously zoned C -2 e) The City has previously approved revisions to the Land Use Element and a zone change regarding the "Shore Shop' properties located north of Landing Avenue along Seal Beach Boulevard The City adopted `Negative Declaration 98 -3 — Anaheim Bay Villas — General Plan Land Use Element Amendment and Zone Change from General Commercial Land Use Element designation and C -2 Zone to Residential Medium Density Land Use Element designation and Residential Medium Density (RMD) Zoning designation' This Negative Declaration evaluated potential impacts for a General Plan Land Use Element Amendment and Zone Change to allow for the construction of 9 residences immediately to the north of the 3 properties currently located in the C -2 zone north of Landing Avenue The accompanying zone change request was approved by the City, the California Coastal Commission and 8 of the 9 pen homes have been constructed f) The proposed residential development standards would peiunt a density of 17 4 units per acre, or 1 unit for each foot wide lot within the project area Many of the properties are currently developed with existing legal, non- confoiiiiing multiple- family residential properties and it is not anticipated that these developments would be removed for the replacement with single - family residences due to the economic factors involved with high rental rates in this area of the City g) If all of the existing legal non - conforming multiple - familv residential unit developments (50 units) were to demolished and replaced with allowable new single family units only (approximately 27 units), the area would experience a net loss of 23 units resulting in a net population loss to this area of the community, and a maximum potential loss of 0 16% of the total number of housing umts within the City Section 6 Based upon substantial e\idence in the record of the Planning Commission heanngs regarding the application including the facts stated in § 5 of this resolution, and in the environmental documentation prepared in conjunction with this project, and pursuant to §§ 28 2600 and 28 -2602 of the Citv s Code the Planning Commission hereby finds that Zone Text Amendment 03 1 will be beneficial to the short term and long teiiii land use goals of the City of Seal Beach The Planning Commission further finds that approval of the subject Zone Text Amendment will promote the public health, safety and welfare Therefore the Planning Commission finds that the requested Zone Text Amendment to the Citv of Seal Beach Zoning Ordinance will be in the public interest and makes the follov, ing findings of fact ZC 0i 1 8. ZTa 0h 1 PC Staff Report SBB Resid.,nua1 Uscs Negative Decki anon 03 1 Genet al Plan 4mendncnt 03 1 Zoning Change 03 1 and Zone Te t Amendment 03 1 Limited Commet ctal Zone Revisions Planning Commission Staff Repot t Match 2003 (a) The proposed Zone Text 4mendment will conform allowable land uses within the Limited Commercial (L -C) Zone to the goals and policies of the Land Use Element and Zoning Map for the subject area as revised and provides for a comprehensive range of aevelopment options for the Limited Commercial (L -C) Zone that will accomplish the following goals of the City in achieving sustainable development on the subject property 1 Creates a range of allowable land uses v ithin the Limited Corrunercial (L C) Zone that is compatible and consistent vv ith the prevailing pattern of land uses in the immeaiate vicinity 2 Promotes the general integrity of the neighborhood by allowing for a combination of both retail office and residential uses that are intended to encourage revitalization of the subject properties 3 Creates a comprehensive range of allowable development options foi underutilized and potentially incompatible properties b) The Planning Commission has identified the project objective of allowing for greater flexibility in the allowable land uses within the `Limited Commercial" General Plan Land Use Element land use designation and the Lunited Commercial provisions of the Seal Beach Zoning Ordinance The proposed zone text amendment will include additional provisions regarding alloy, able land development uses within the Limited Commercial zone thereby allowing greater development flexibility along the subject frontage of Seal Beach Boulevard c) In 1992 the City established the ` Limited Commercial" General Plan Land Use Element land use designation and the Limited Commercial' provisions of the Seal Beach Zoning Ordinance in an attempt to encourage pnvate rey italization of properties in the Limited Commercial zone designation along Seal Beach Boulevard Prior to 1992 the properties south of Landing Avenue were located in a ` Geneial Commercial' Land Use Element and Zoning designation, and no new commercial development had occurred in the area in over 20 years d) The 1992 ievisions v ere adopted to encourage a ranee of mixed -use aeveloprnents It was hoped the ability to also construct residential land uses in conjunction with a commercial or office use would serve as an additional incentive for private revitalization efforts Those efforts have not been successful and the City is now proposing to alloy, a free- standing residential development in the area also e) Pioposed Zone Text 4mennmenr 03 -1, and the necessary General Plan 4mendinents and Zone Change will not be detnmental to the short teini or long- teiiii goals or objectives of the City of Seal Beach and are in the interest of the public health safety and v, elfare Proposed Zone Text Amendment 03 1 is consistent y, ph the General Plan as amenaed pursuant to General Plan A_inendrnent 03 -1 Section 7 Based on the foregoing Sections 1 through 6 the Planning Commission hereby iecormends that the City Council appro, e Zone Text Amendment 03 1 Only Section 28 -1150 and 28 1151 require amendments all other provisions of Article 115 remain ZC 0 1 & ZT- 0.) 1 PC Staff R poi? SBB Res,denual Lkes Ivegatnve Dacia/ atton 03 1 Gene/ al Plan -Intendment 03 1 Zon ng Change 03 1 and Zone Text Amendment 03 1 LZmttLd Corn/net cial Zone Revisions Planning Commission Staff Reno/ t March 200j unchanged The Commission hereby recommends that the City Council amend the development provisions of the Limited Commercial (L -C) Zone to read as indicated belov, Article 11 5 Limited Commercial Zone Section 28 -1150 Declaration of Legislative Intent It is hereby declared to be the intent of the LC - Limited Commercial Zone - to establish reasonable standards that permit and control limited commercial and office uses in conjunction with residential uses Furthermore it is the intent of this part to A Encourage commercial service institutional and office uses that do not attract large volumes of traffic and continuous customer turnover B Limit and discourage development of stnp type highway- onented commercial uses that create traffic hazards and congestion because they require numerous individual curb cuts and generate higher traffic volumes C Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the zone D Encourage elimination of curb cuts for vehicular access and promote more efficient and economical parking facilities, utilizing both on- street parking, off - street parking and off -site parking facilities G Encourage uses that minimize noise and congestion H Recognize that mixed -use developments may not be the only acceptable land use by also allowing residential development to occur as a stand- alone use within the Limited Commercial Zone Section 28 -1151 Permitted Uses In the L -C zone the following uses only are petimtted and as hereinafter specifically provided and allowed by this article A Retail specialty shops including but not limited to the sale of gifts, antiques flowers books jewelry, apparel tobacco and related supplies or craft shops making articles exclusively for retail sale on the premises B Personal sen ice shops including, but not limited to tailor barber beauty salon shoe repair dressmaking, or similar service uses C Business offices including but not limited to, security and commodity brokerage real estate sales travel agency employment counseling insurance sales advertising mailing and stenographic services, and other services of a similar nature GC 0 1 & ZT 0_) 1 °C Staff Report SBB Reside-ival Uses �� Negative Decica anon 03 1 Gene/ al Plan .4mendme71 0.3 t Zoning Change 03 1 ana Zone Text 4rnendinent 03 1 Limuea Commei cial Zone Revisions Planning Comnu■sion SLaf Repo/ i Mai ch 2003 D Studios for dance art music photographv radio or television E Professional offices for lawyers, engineers architects landscape architects urban planners accountants economic consultants doctors dentists chiropractors of other practitioners of the healing. arts for humans or other professionals of a similar nature F Residential uses located only on the second floor and above when in conjunction with a permitted or conditionally peiinitted non residential use All such uses shall comply with all provisions of this Article pertaining, to residential development G Nursery schools day care centers, private or trade schools outdoor play houis shall be limitea to bet een 9 00 a m and 5 00 p m H Residential use located as a stand -alone use, not in conjunction with a pernutted or conditionally pem-itted non - residential use Said uses shall comply with all of the development standards for the Residential Medium Density Zone (RIVID Zone), except for the Front Yard Setback requirements, which shall be in conformance with the development standards of the Residential High Density Zone (RHD Zone) District I standard I Any use determined by the Planning Commission to be of a natuie similar to the uses listed above ' PASSED APPROVED AND ADOPTED by the Planning Connnission of the City of Seal Beach at a meeting thereof held on the day of , 2003 by the following vote 4Y ES Commissioners NOES Commissioners ABSENT Commissioners ABSTAIN Commissioners David Hood Ph D Chairman Planning Commission ZC 0 ZT k 0 1 °C Staff Report SEE i sid , -nu,i Uses = 6 Wegcnve Decla/anon 0.) 1 Gene/ al Plan 4mendment 01 1 Zoning Change 01 1 and Zone Text 4mendment 03 1 Limited Corvine/ czal Zone Revisions Planning Comnzsszon Staff Repo/ t Mal ch J 200.) Lee Whittenbera Secretary Planning Commission ZC 0. 1 & ZT 0 1 PC Stett R,.por SBB Pesldenual Uses 37 Negative Dcclai anon 03 1 Gene al Plan 4inendment 03 1 Zoning Change 03 1 and Zone Text Amendment 03 1 Lvnited Commei cial Zone Revisions Planning Commission Staff Repot t Mai ch 5 2003 ATTACHMENT 4 AGENDA, MEETING MATERIALS AND MEETING MINUTES OF PUBLIC INFORMATION MEETING OF NOVEMBER 20, 2002 ZC 0.) 1 & ZT4 0 1 PC Staff Repo' L SBB Resldenllal Uses 3S FILE AGENDA SEAL BEACH BOULEVARD ZONING REVISION WORKSHOP LIMITED COMMERCIAL AND GENERAL COMMERCIAL ZONED PROPERTIES ON SEAL BEACH BOULEVARD BETWEEN PACIFIC COAST HIGHWAY AND ELECTRIC AVENUE Wednesday, November 20, 2002 - 7 00 PM MEETING PLACE. COUNCIL CHAMBERS 211 8 Street Seal Beach, CA 90740 I WELCOME AND INTRODUCTION OF STAFF II REVIEW OF CITY COUNCIL DIRECTION OF JULY 8, 2002 and PREVIOUS ZONING WORKSHOP MEETING HELD JULY 31, 2002 III REVIEW OF ZONING HISTORY OF SEAL BEACH BOULEVARD BETWEEN PACIFIC COAST HIGHWAY AND ELECTRIC AVENUE IV OVERVIEW OF STAFF PROPOSALS FOR DISCUSSON o ALLOW NEW RESIDENTIAL DEVELOPMENT WITHIN THE CURRENT L- C ZONED AREAS AS A PERMITTED USE SUBJECT TO COMPLIANCE WITH CURRENT RESIDENTIAL HIGH DENSITY (PRHD) ZONING STANDARDS o REVISE SECTION 281150 DECLARATION OF LEGISLATIVE INTENT TO INDICATE THAT RESIDENTIAL USES WILL BE ALLOWED AS A STAND ALONE USE C Doc ments anc Se Li nc.,\LWnittenberc\Mv DocJn=rfs SBBL 'DCon nc Woncsnop , II 20 02 coc \LW\ i 1q 02 SEAL BEACH BOULEVARD ZONING PEVISION PUBLIC WORKSHOP AGENDA NOVEMBER 20 2002 ❑ REVISE SECTION 28 -1151 PERMITTED USES TO ALLOW RESIDENCES AS A PERMITTED USE ❑ REVISE SECTION 28 -1155 GENERAL PROVISIONS LOT SIZE OPEN SPACE BULK AND YARDS TO REFERENCE DEVELOPMENT STANDARDS OF THE RESIDENTIAL HIGH DENSITY ZONE (RHD) FOR STAND ALONE RESIDENTIAL USES RESIDENTIAL DEVELOPMENT IN CONJUNCTION WITH A COMMERCIAL USE WILL STILL BE SUBJECT TO THE L -C DEVELOPMENT STANDARDS FOR A MIXED USE DEVELOPMENT ❑ REQUIRE A MINIMUM 6 -FOOT HIGH BLOCK WALL BETWEEN NEW STAND -ALONE RESIDENTIAL DEVELOPMENT AND EXISTING COMMERCIAL OR MIXED USE DEVELOPMENT UNLESS THERE IS A COMMERCIAL STRUCTURE CURRENTLY CONSTRUCTED ALONG THE SIDE PROPERTY LINE ❑ REQUIRE RECORDED COVENANT INDICATING RESIDENTIAL STAND -ALONE PROPERTY IS LOCATED ADJACENT TO MIXED -USE COMMERCIAL /RESIDENTIAL DEVELOPMENT AND MAY BE EXPOSED TO NOISE OR OTHER OPERATIONAL IMPACTS OF THOSE MIXED -USE DEVELOPMENTS ❑ THE PROPERTIES CURRENTLY WITHIN THE L -C ZONE ARE ALL PROPERTIES FRONTING ON SEAL BEACH BOULEVARD BETWEEN THE ELECTRIC AVENUE ALLEY ON THE SOUTH TO LANDING AVENUE ON THE NORTH (209 TO 257 SEAL BEACH BOULEVARD) ❑ CONTINUE TO ALLOW FOR MIXED -USE DEVELOPMENTS AS A PERMITTED OR CONDITIONALLY PERMITTED USE IN ACCORDANCE WITH THE EXISTING PROVISIONS OF THE L -C ZONE THIS WILL ELIMINATE CONCERN REGARDING NON - CONFORMING USES AS USES CURRENTLY ALLOWABLE IN THE L -C ZONE WILL CONTIUNE TO BE ALLOWABLE ❑ REVISE STANDARDS FOR MIXED -USE DEVELOPMENTS IN THE L -C ZONE TO ELIMINATE REQUIREMENT THAT THE RESIDENTIAL UNIT IN A MIXED -USE PROJECT MUST BE INTENDED FOR OCCUPANCY BY THE OPERATOR /OWNER OF THE ADJOINING NON - RESIDENTIAL USE THIS WILL PROVIDE GREATER FLEXIBILITY IN THE MARKETING OF NEW RESIDNETIAL UNITS DEVELOPED IN A MIXED -USE PROJECT ❑ ZONING FOR EXISTING C 2 ZONED AREA NORTH OF LANDING AVENUE (303 307 AND 309 SEAL BEACH BOULEVARD) TO BE CHANGED TO LIMITED - COMMERCIAL ZONE AND BE SUBJECT TO THE CHANGES PROPOSED ABOVE THE CURRENT C -2 ZONING OF Zoning Workshop Agenda 11 20 02 2 SEAL BEACH BOULEVARD ZONING REV'SION PUBLIC WORKSHOP AGENDA NOVEMBEP 20 2002 THESE PROPERTIES DOES NOT ALLOW ANY RESIDENTIAL DEVELOPMENT AT ALL V PUBLIC COMMENTS ON STAFF PROPOSALS VI STAFF SUMMARY AND NECESSITY FOR ADDITIONAL MEETINGS OR FUTURE ACTIONS BY THE CITY TO IMPLEMENT THE DISCUSSED AMENDMENTS TO THE CITY DEVELOPMETN STANDARDS VII ADJOURN * * * * Zonino Workshop r,genda 11 20 02 3 STAFF PROPOSALS FOR DISCUSSION GENERAL PLAN & ZONING REVISIONS LIMITED COMMERCIAL & GENERAL COMMERCIAL ZONED PROPERTIES ON SEAL BEACH BOULEVARD BETWEEN PACIFIC COAST HIGHWAY AND ELECTRIC AVENUE NOVEMBER 20, 2002 ❑ ALLOW NEW RESIDENTIAL DEVELOPMENT WITHIN THE CURRENT LIMITED - COMMERCIAL ( "L -C ") ZONED AREAS AS A PERMITTED USE, SUBJECT TO COMPLIANCE WITH CURRENT RESIDENTIAL HIGH DENSITY (RHD) ZONING STANDARDS ❑ REVISE SECTION 28 -1150 DECLARATION OF LEGISLATIVE INTENT TO INDICATE THAT RESIDENTIAL USES WILL BE ALLOWED AS A STAND -ALONE USE ❑ REVISE SECTION 28 -1151 PERMITTED USES TO ALLOW RESIDENCES AS A PERMITTED USE ❑ REVISE SECTION 28 -1155 GENERAL PROVISIONS LOT SIZE OPEN SPACE BULK AND YARDS TO REFERENCE DEVELOPMENT STANDARDS OF THE RESIDENTIAL HIGH DENSITY ZONE (RHD) FOR STAND ALONE RESIDENTIAL USES RESIDENTIAL DEVELOPMENT IN CONJUNCTION WITH A COMMERCIAL USE WILL STILL BE SUBJECT TO THE L -C DEVELOPMENT STANDARDS FOR A MIXED USE DEVELOPMENT ❑ REQUIRE A MINIMUM 6 -FOOT HIGH BLOCK WALL BETWEEN NEW STAND -ALONE RESIDENTIAL DEVELOPMENT AND EXISTING COMMERCIAL OR MIXED USE DEVELOPMENT UNLESS THERE IS A COMMERCIAL STRUCTURE CURRENTLY CONSTRUCTED ALONG THE SIDE PROPERTY LINE C \Documents and Settinos\LWhittenberg \My Documents \SBBLVD \PJblic Workshop 2 Discussion Items doc \LW \10 30 02 SEAL BEACH BOULEVAPD ZONING WORKSHOP WORKSHOP DISCUSSION ITEMS NOVEIv1BER 20 2002 ❑ REQUIRE RECORDED COVENANT INDICATING RESIDENTIAL STAND -ALONE PROPERTY IS LOCATED ADJACENT TO MIXED - USE COMMERCIAL /RESIDENTIAL DEVELOPMENT AND MAY BE EXPOSED TO NOISE OR OTHER OPERATIONAL IMPACTS OF THOSE MIXED -USE DEVELOPMENTS ❑ THE PROPETIES CURRENTLY WITHIN THE L -C ZONE ARE ALL PROPERTIES FRONTING ON SEAL BEACH BOULEVARD BETWEEN THE ELECTRIC AVENUE ALLEY ON THE SOUTH TO LANDING AVENUE ON THE NORTH (209 TO 257 SEAL BEACH BOULEVARD) • CONTINUE TO ALLOW FOR MIXED -USE DEVELOPMENTS AS A PERMITTED OR CONDITIONALLY PERMITTED USE IN ACCORDANCE WITH THE EXISTING PROVISIONS OF THE L -C ZONE THIS WILL ELIMINATE CONCERN REGARDING NON - CONFORMING USES, AS USES CURRENTLY ALLOWABLE IN THE L -C ZONE WILL CONTINUE TO BE ALLOWABLE • REVISE STANDARDS FOR MIXED -USE DEVELOPMENTS IN THE L -C ZONE TO ELIMINATE REQUIREMENT THAT THE RESIDENTIAL UNIT IN A MIXED -USE PROJECT MUST BE "INTENDED FOR OCCUPANCY BY THE OPERATOR/OWNER OF THE ADJOINING NON- RESIDENTIAL USE" THIS WILL PROVIDE GREATER FLEXIBILITY IN THE MARKETING OF NEW RESIDENTIAL UNITS DEVELOPED IN A MIXED -USE PROJECT O ZONING FOR EXISTING C -2 ZONED AREA NORTH OF LANDING AVENUE (303, 307 AND 309 SEAL BEACH BOULEVARD) TO BE CHANGED TO "LIMITED COMMERCIAL" ZONE AND BE SUBJECT TO THE CHANGES PROPOSED ABOVE THE CURRENT C -2 ZONING OF THESE PROPERTIES DOES NOT ALLOW ANY RESIDENTIAL DEVELOPMENT AT ALL * * * * Public Workshop 2 Discussion liens 2 GENERAL PLAN & ZONING REVISIONS LIMITED COMMERCIAL & GENERAL COMMERCIAL ZONED PROPERTIES ON SEAL BEACH BOULEVARD BETWEEN PACIFIC COAST HIGHWAY AND ELECTRIC AVENUE HISTORY OF ZONING IN SUBJECT AREA o ORDINANCE 1442, ADOPTED JUNE 28, 1999 ❑ ANAHEIM BAY VILLAS PROJECT (SHORESHOP PROPERTY) NORTH OF LANDING AVENUE o CHANGE IN ZONING FROM C -2 TO RMD o 9 LOTS INVOLVED IN ZONE CHANGE ❑ 7 HOMES CONSTRUCTED 7 HOMES SOLD o 1 BUILDING SITE TO BE CONSTRUCTED UPON REGIONAL WATER QUALITY CONTROL BOARD CLEARANCE ❑ ORDINANCE 1346 AND 1347, ADOPTED JANUARY 13, 1992 ❑ ESTABLISHED LIMITED- COMMERCIAL ZONE (ORD 1346) o APPROVED CHANGE IN ZONING FROM C -2 TO L -C (ORD 1347) o 13 LOTS INVOLVED IN ZONE CHANGE — ALL OF THE WEST SIDE OF SEAL BEACH BOULEVARD BETWEEN LANDING AVENUE AND THE ELECTRIC AVENUE ALLEY C \Documents and Se tings \LWhittenberg \M` Documents \SBB VD\Zoning "istor, Presenta ion doc \LW \07 30 02 SEAL BEACH BOULEVAPD ZONING WOPKSHOP PPEV/OUS ZONING HIS T OPY JULY 31 2002 ❑ TWO PROPERTIES HAVE RECEIVED APPROVAL FROM CITY TO BUILD UNDER THE L -C PROVISIONS ❑ WALT MILLER PROJECT - APPROVED BY CITY AND COASTAL COMMISSION NOT CONSTRUCTED ❑ MEDHAT RAOUF PROJECT - APPROVED BY CITY NOT YET CONSIDERED BY COASTAL COMMISSION ❑ ORDINANCE 1221 RE ZONE TEXT AMENDMENT 1- 86, ADOPTED APRIL 28, 1986 ❑ CHANGE ZONING DESIGNATIONS FROM R -1 R -2 AND R -3 TO RLD RMD AND RHD ❑ ZONE TEXT AMENDMENT 4 -83 (RESIDENTIAL OVERLAY ZONE) ❑ PROPOSED CREATION OF A RESIDENTIAL OVERLAY ZONE ON SEAL BEACH BOULEVARD BETWEEN ELECTRIC AVENUE AND PACIFIC COAST HIGHWAY AND ON THE NORTH SIDE OF ELECTRIC AVENUE BETWEEN SEAL BEACH BOULEVARD AND SEVENTEENTH STREET ❑ PLANNING COMMISSION RECOMMENDED APPROVAL OF ZTA 4 83 ON JULY 6 1983 ❑ RECOMMENDATION WAS TO CREATE A RESIDENTIAL OVERLAY ZONE DESIGNATION THAT WOULD PERMIT EITHER RESIDENTIAL USES ABOVE COMMERCIAL USES OR THE REPLACEMENT OF EXISTING UNITS ON A ONE FOR ONE BASIS ❑ NEW RESIDENTIAL CONSTRUCTION PROPOSED UNDER THE RESIDENTIAL OVERLAY ZONE DESIGNATION WOULD REQUIRE CONDITIONAL USE PERMIT APPROVAL ❑ ANY RECYCLING OR REDEVELOPMENT OF PROPERTY WOULD REQUIRE THE PROVISION OF ON -SITE PARKING IN ACCORDANCE WITH CODE PROVISIONS ❑ CITY COUNCIL TOOK NO ACTION AND REFERRED BACK TO THE PLANNING COMMISSION ON JULY 18 1983 ❑ NO FURTHER ACTION ON PROPOSAL Zoning —istory Presentdtior 2 SEAL BEACH BOULEVARD ZONING WORKSHOP PREVIOUS ZONING HISTORY JULY 31 2002 ❑ ORDINANCE 948, ADOPTED DECEMBER 9, 1974 ❑ CHANGE IN ZONING FROM C 1 TO C -2 ❑ ORDINANCE 628, ADOPTED JUNE 17, 1963 ❑ SUBJECT AREA ZONED C -1 ❑ ORDINANCE 406, ADOPTED JUNE 18, 1951 ❑ NO MAP AVAILABLE TO INDICATE ZONING DESIGNATION ❑ ORDINANCE 199, ADOPTED APRIL 2, 1936 ❑ NO MAP AVAILABLE TO INDICATE ZONING DESIGNATION * * * * Zoning History Presen anon 3 FILE COPY 1 SEAL BEACH BOULEARD 2 ZONING REVISION WORKSHOP 3 4 Limited Commercial and General Commercial Zoned 5 Properties On Seal Beach Boulevard Between 6 Pacific Coast Highway and Electric Avenue 7 8 Minutes of Wednesday, November 20, 2002 9 10 11 The Director of Development Services Mr Lee Whittenberg called the scheduled 12 workshop to order at 7 00 p m on Wednesday November 20, 2002 The meeting 13 was held in the City Council Chambers 1 14 15 WELCOME AND INTRODUCTION 16 17 Mr Whittenberg introduced himself and welcomed those present to tonights 18 workshop 19 20 21 REVIEW OF CITY COUNCIL DIRECTION OF JULY 8, 2002, AND PREVIOUS 22 ZONING WORKSHOP MEETING HELD JULY 31, 2002 23 24 Mr Whittenberg explained that the City Council (CC) has directed Staff to review the 25 current zoning provisions for the Limited Commercial (L -C) area along Seal Beach 26 Boulevard (SBB) between Pacific Coast Highway (PCH) and Electric Avenue and 27 also for a small piece of remaining General Commercial (C -2) zoning north of 28 Landing Avenue just south of the new homes constructed on the former Shore Shop 29 site along SBB 30 31 32 REVIEW OF ZONING HISTORY OF SEAL BEACH BLVD BETWEEN PACIFIC 33 COAST HIGHWAY AND ELECTRIC AVENUE 34 35 Mr Whittenberg stated that the real driving force behind this issue has come about 36 from of a number of citizens contacting Council members and Staff requesting that 37 the existing allowable uses be relaxed within the Limited Commercial (L -C) zoned 38 portions of the property He indicated that currently the L -C Zone allows for light 39 retail uses office and professional uses service type uses and allows construction 40 of residences but only in conjunction with a new commercial use He said that the 41 idea was to free up the standards under the existing retail mixed -use zoning to 42 continue to allow construction of these types of uses and to allow the property 1 These Minutes were transcribed from audiotape of the meeting 1 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electric Ave Meeting Minutes of November 20 2002 1 owner the flexibility to consider developing his or her property with a straight 2 residential use 3 4 Mr Whittenberg then stated that based on the issues discussed at the July 31 2002 5 workshop, Staff has slightly revised the proposals presented at that meeting He 6 noted that there was no significant change in the proposals from what was originally 7 recommended He said that no determination was made as to what zoning 8 classification should be designated for the three lots north of Landing Avenue He 9 stated that Staff proposes that they be placed under the L -C Zone, which would 10 allow for both residential and mixed use He indicated that the mixed -use zoning in 11 this area has been in place since 1992 and before that time the properties were 12 classified under the Service Commercial (C -1) Zone that allowed only light retail and 13 office uses He stated that most of the lots in this area have some sort of residential 14 use He explained that before 1992 all of the residential uses were classified as 15 legal non - conforming uses which means that at the time of construction they met all 16 Code requirements, and were allowable He said that City standards were later 17 changed making the structures non - conforming and no longer allowable under the 18 new Code He explained that when a property is classified as non - conforming the 19 use of the property is restricted as far as expansions or additions He reported that 20 most of the properties in this area are non - conforming and would be non - conforming 21 even if the properties were to be reclassified as stnctly residential Mr Whittenberg 22 noted that the current Zoning standards throughout the Old Town area only allow 23 one residential unit for every 2 500 square feet He indicated that most of the lots in 24 Old Town measure 2 500 to 3 700 square feet and if a 2 500 square foot lot has 25 more than one house or an apartment building on it it would be classified as non - 26 conforming even if the property were classified as residential 27 28 The Director of Development Services then noted that at the meeting of July 31, 29 2002, a recommendation was made to review the City of Newport Beach standards 30 for mixed uses in an area called Cannery Row He stated that Staff did review 31 these standards and spoke with some of the people in Newport Beach who 32 requested copies of the mixed -use standards for the City of Seal Beach Apparently 33 the City of Newport Beach is having difficulties getting their properties to utilize the 34 program they currently have in place He said that the standards in Newport Beach 35 are not significantly different than those used in Seal Beach He said that the major 36 difference was that the Newport Beach lots are much larger and they also have 37 some City -owned parking lots that are used to meet the parking demands for some 38 of the existing uses in that area 39 40 Mr Whittenberg then explained that one possible option is to allow zoning to be 41 changed so that in the future a property owner may apply for a Conditional Use 42 Permit (CUP) to be able to develop a single - family residence on a lot along Seal 43 Beach Boulevard (SBB) This request would be presented at a public hearing before 44 the Planning Commission (PC) and property owners within 300 feet of the property 45 in question would receive notice of the public hearing Once the PC makes a 46 determination, there is by State law a 10 -day appeal period where whoever 2 Zoning Revision Workshop — Seal Beac'i Blvd L C and C 2 Zone Properties between PCH & Electric Ave Meeting Minutes of November 20 2002 1 disagrees with the PC decision may file an appeal to the City Council (CC) who will 2 hold an additional public hearing to make a final decision with no further appeal 3 process available after that 4 5 Mr Whittenberg then stated that the purpose of the meeting tonight is to provide a 6 question and answer forum to help clarify and concerns that those in attendance 7 might have regarding the proposed options He explained that if a general 8 consensus were reached tonight Staff would then begin the preparation of formal 9 Staff Reports and schedule the matter for hearings before the PC to develop a Zone 10 Text Amendment (ZTA) with the actual proposed changes to the language of the 11 City Zoning Ordinance making the physical changes in the Code that would allow a 12 freestanding residential use by CUP and establish construction standards as far as 13 setbacks heights etc are concerned He noted that Staff would also recommend 14 another discretionary change in the form of a Zone Change for the 3 lots north of 15 Landing Avenue to be placed into a different zoning classification He reiterated that 16 both of these requests would involve public hearings by both the PC and the CC 17 He explained that when cities consider changes to zoning ordinances or to zoning 18 maps, by State law the PC is only a recommending body at that point and the CC 19 makes the final decision He said that on this type of application, once the PC 20 makes a decision the item is then automatically scheduled for a public hearing 21 before the CC so no formal appeal process is necessary He stated that over the 22 ten years that the zoning in this area of SBB has been in place the City has 23 processed two applications for mixed -use projects that meet the current zoning for a 24 L -C Zone one made by Walt Miller for his property between the bike shop and the 25 day care center and the other for the property further north for a dentist office and 26 additional office uses with residential uses above He noted that the applicant for 27 this project has not yet submitted it for California Coastal Commission (CCC) 28 approval He explained that the City of Seal Beach does not have a Local Coastal 29 Plan (LCP) which is required by law so all city- approved applications for 30 development projects within the coastal zone must be processed through the CCC 31 32 33 QUESTION & ANSWER PERIOD 34 35 Mr Whittenberg then opened for questions from the public 36 37 (Note Following is a summary of Mr Whittenberg s responses to questions from the public Because these 38 questions were stated from the council seating area they were not audible to the recording device 39 40 Response to Ques 1 41 42 With regard to the 3 properties north of Landing Avenue Mr Whittenberg stated that 43 currently these lots have residences on them but the current zoning is C -2 zoning 44 which would only allow commercial uses The zoning would have to be changed in 45 order to allow the capability of building residential He said that Staff is 46 recommending that by changing the zoning to Limited Commercial (LC) the rights of 3 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electric Ave Meeting Minutes of November 20 2002 1 these property owners would be preserved by allowing them to build a retail or office 2 use on their property while giving them the flexibility to do something different in a 3 residential use Another option would be to put these 3 lots into the same zoning as 4 the 7 new homes on the former Shore Shop property which is strictly residential 5 6 Response to Ques 2 7 8 A 4 -unit apartment building a duplex and a single - family residence are located on 9 these 3 properties 10 11 Response to Ques 3 12 13 This would depend upon the width of the lot I don t remember how wide the lot is 14 Basically you re looking at one house for over 25 feet of frontage so if you have a 15 50 -foot lot and you tear down and rebuild you could have two homes on it 16 17 Response to Ques 4 18 19 The railroad right -of -way changes zoning as it goes through the different blocks As 20 the area along this portion of SBB is zoned LC the railroad right -of -way is also 21 zoned LC It would have the same rights as the privately owned property 22 23 Response to Ques 5 24 25 We have heard that discussion for years and that is part of the process that is driving 26 this issue now to allow the capability for the property to be developed with a 27 residential use only This depends upon how the City ultimately changes the zoning 28 on the property If the proposal that we are suggesting at this point ultimately goes 29 through the process and is accepted approved and adopted by CC the property 30 would be sold as LC Zoned property Under those standards the provisions would 31 allow a person to come in and apply for strictly a residential use on the property by 32 Conditional Use Permit (CUP) Basically what would happen would be that after 33 having plans approved by the City the applicant would then go to the Lender and tell 34 them I have an approved plan to build strictly residential use on the property 35 36 Response to Ques 6 37 38 Mr Whittenberg stated that the concern that Staff has is with the underlying rights 39 that Staff believes are appropriate to keep for property owners to have a mixed -use 40 project Staff feels that it makes sense to go through the process to be able to 41 consider the uses on each side of a property and any possible affects of noise 42 generation from a neighboring business etc He also noted that Staff recommends 43 creating a Covenant that would be recorded on the strictly residential uses stating 44 that this is a mixed -use zone next door to business uses and that different types of 45 noise may be experienced than what might be expected in a strictly residential area 46 In this way people know what they are getting into when they buy a particular piece 47 of property He stated that Staff deals with this issue when homes back up to a 4 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electric Ave Meeting Minutes of November 20 2002 1 commercial area and if the zoning allows it there is nothing the City can do about 2 any complaints of noise He noted that this is a policy choice and the City could 3 determine not to require a CUP and just say that the residential use would be 4 permitted by right but require that some sort of covenant still be recorded 5 6 Response to Ques 7 7 8 I understand that but from the City s standpoint we still would have a concern I 9 think this is an additional protection to both the businesses that operate in the area 10 now and for someone that might want to develop a business in the future so that a 11 new resident can t come in and contest the problem of noise from the neighboring 12 businesses I think we re trying to recognize that this would give the capability to do 13 either /or These are issues that can be taken to the PC and it would be up to them 14 to make some of these decisions based upon testimony that they would receive at 15 an actual public hearing Our purpose here tonight is just to get some thoughts and 16 concerns so that all these points are covered in writing in the Staff Reports so that 17 the PC will be prepared for what they will hear during the public hearing testimony 18 19 Response to Ques 8 20 21 Right now the City doesn t but in the future who knows? It s not anything that I 22 would see as being practicably feasible in the immediate future There are grant 23 funds for different types of acquisition projects Whether or not the City would be 24 able to get money for something would depend upon whether the CC desires to look 25 at doing something like that Property acquisitions are a Council prerogative 26 27 Response to Ques 9 28 29 I understand your concern We've talked about that a number of times but in certain 30 areas projects are funded for mixed -use, residential and commercial projects There 31 are projects in Santa Monica and in Newport Beach that are privately funded 32 projects In what I have seen in the ones that I m aware of the scale of a 33 development in most of those projects is much larger than what people can build in 34 Seal Beach on the lot sizes available in that area and I think that is the issue In the 35 projects that I have seen in Santa Monica and Newport Beach they have 40 -50 36 apartment units above 50 -60 000 square feet of retail stores or office uses and are 37 located on 2 -3 acre lots The entire strip of land along that area of SBB is probably 1 38 acre in size so the scale of what is possible is much different than what is possible 39 in a number of other areas that have mixed -use zoning and have had projects that 40 have been funded and built It is an issue in this town because the lot sizes are 41 small and we don t have adequate parking in the area from which to draw These 42 are the issues that the City has recognized in suggesting a relaxing of the standards 43 to allow residential uses whether by right or by CUP Staff will take these 44 comments back and consider them in preparing the Staff Reports and final 45 recommendations 46 Response to Ques 10 5 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electric Ave Meeting Minutes of November 20 2002 1 2 I understand the comment Greg s (Miller) comment is that he has an existing 3 commercial use on his property If the zoning on the property were to be changed to 4 strictly a residential zone that building would be put into a non - conforming category 5 and he could not add on to it or expand it or build a new commercial building 6 7 Response to Ques 11 8 9 I think we re getting more detailed than we need to get What I am hearing is that if 10 the LC Zone is kept as it is now the property owners would like to see a change to 11 be able to build residential by right without having to come in for a CUP The 12 second option 1 m hearing is to look at just changing the zoning for the entire area to 13 a strictly residential zone eliminate any future commercial uses and put those 14 properties that are already there in a commercial classification into a non - conforming 15 category The other option is to leave the zoning as it is and not change anything 16 17 Response to Ques 12 18 19 These are all issues that the PC is going to ultimately resolve and someone is 20 probably not going to be happy with what the result may be When cities look at 21 development and land use standards for what can and cannot be built on properties 22 they usually manage to find a way to make someone unhappy in the process Staff 23 has suggested a way for those people on the street who do not want to have a retail 24 use or an office use of some sort to take advantage of residential uses for those who 25 want to do that When you begin looking at changing the zoning to strictly a 26 residential zone I think that is going to be a tough decision for the Council because 27 of this nonconforming issue They generally do not like to create nonconforming 28 situations if they don t already exist and there are enough properties in that area 29 that have a mixed -use on them now or vacant lots that could go either way It is 30 difficult to know what a PC or CC will do until they make their decision and 31 depending upon what a property owner wants to see happen on that street he or 32 she may or may not be happy with that decision It is difficult to make everyone 33 happy particularly in an area like this where there is a mix of uses With regard to 34 financing it is not an issue that the City deals with The City looks at properties for 35 beneficial land use to the City There is a Specific Plan for a hotel use that has been 36 on file for the past 15 years for the old power plant property at the San Gabriel River 37 and First Street People contact the City all the time wanting to change the zone to 38 something else and are given the same response the City went through a huge 39 process and this is what by consensus everyone in the community thought was 40 appropriate so don t even think about changing the zoning This area along SBB is 41 one where there is flexibility With the parking standards that were in place before 42 1992 little could be done other than build a 600 square foot office and put some 43 parking off the alley and that was about it but apparently there was no desire to do 44 this as no one did anything In 1992 the City got involved and worked with the 45 residents to come up with mixed -use concept to see if this would help but it has not 6 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electnc Ave Meeting Minutes of November 20 2002 1 Now the City is looking at a way to tweak it again to attempt to get something to 2 happen to improve this area of the City 3 4 Response to Ques 13 5 6 It s a multi - family zone designation that allows a density of 20 units an acre, but all of 7 the lots south of the greenbelt from San Gabriel River to Anaheim Bay jetty are all in 8 a Residential High Density (RHD) Zone Now 2,178 square feet of land area is 9 required in order to build a single - family residence (SFR) on a lot If someone 10 owned 4 or 5 lots together they could develop a 4 or 5 unit apartment complex 11 condominiums or 4 or 5 separate SFRs which is basically what happened on the 12 Shore Shop property The RHD has some design standards that are more flexible 13 as far as front setbacks go with an average setback of 12 feet and a minimum of 6 14 feet Medium density allows one unit per 2 500 square feet and has a required 15 setback of 12 feet with no deviation Many home within the RHD zones are 16 designed with a downstairs window or balcony popped out 6 feet into the front yard 17 setback area and a second story that is stepped back to accommodate a deck over 18 the first floor 19 20 Response to Ques 14 21 22 For commercial uses the code requires a 6 -foot wall between a parking lot area and 23 a property line What we are suggesting is that a 6 -foot wall be constructed whether 24 the use is residential or retail This can be done by the property owner on his or her 25 property or in agreement with the adjoining property owner to have the fence 26 constructed on the property line with both parties signing an agreement to this effect 27 28 Response to Ques 15 29 30 That is why we are recommending that the City keep the LC Zone and the provisions 31 for mixed -use projects and allow residential by right rather than CUP It appears that 32 most of those present tonight are in favor of this proposal so this recommendation 33 can be made to the Planning Commission There are also a few residents who are 34 in favor of leaving the zoning exactly the way it is and this proposal can also be 35 presented Staff would probably not favor converting the zoning to strictly residential 36 as this would eliminate the LC Zone and would affect the commercial uses already in 37 existence 38 39 Response to Ques 16 40 41 They can operate until 2 00 a m but there are noise standards in place that they 42 must comply with after 10 00 p m The only time the City requires a CUP for 43 commercial uses is if they want to operate between 2 00 a m and 6 00 a m 44 45 Response to Ques 17 46 47 The reason the CUP was proposed is because it provides the City an additional 7 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electnc Ave Meeting Minutes of November 20 2002 1 opportunity to review strictly residential uses and evaluate them based upon what is 2 next door to it now and whether additional design standards should be incorporated 3 to deal with issues related to views noise, etc Right now mixed -use projects must 4 go through the Minor Plan Review (MPR) process, which requires review by the PC 5 but there is no public hearing Although the MPR process is not as formal as the 6 CUP, public notice is provided to those residents within 100 feet of the project to 7 provide the opportunity comment on the project and to appeal any PC determination 8 made 9 10 Response to Ques 18 11 12 Portions of the area are in a flood zone but not all of it The Federal Government 13 designates the flood zone and I would have to pull out a map to demonstrate this 14 but you are free to come upstairs to view this information In these areas any 15 property owner proposing to build a new structure would have to complete an 16 evaluation that demonstrates that the new first floor occupancy area is one foot 17 above the government designated flood level 18 19 Response to Ques 19 20 21 General Welfare is an issue that the PC and CC will determine based upon their 22 opinion of what is presented to them during the public hearing and what is presented 23 to them through public comments and even when a decision is made they can be 24 challenged under the appeal process 25 26 Response to Ques 20 27 28 Those are two different opinions and I do not know that certain individuals in this 29 room are ever going to come to agreement as to what is best for this area so let s 30 leave it to the City Council to make their decision Staff will include other 31 alternatives in the Staff Report as discussed during these meetings 32 33 ADJOURNMENT 34 35 Mr Whittenberg adjourned the meeting at 8 15 p m 36 37 Respectfully Submitted 38 39 40 41 . _ - • ��� _ 1�_ 42 Carmen Alvarez Executive Sectary 43 Planning Department 8 Negative Dec lai ation 03 1 Gener Plan Amendment 03 1 Zoning Change 0.) 1 and Zone Text Amendment OD 1 Limited Convnei cial Zone Revisions Planning Coinnussion Staff Repoi t Alai ch 5 2003 ATTACHMENT 5 AGENDA, MEETING MATERIALS AND MEETING MINUTES OF PUBLIC INFORMATION MEETING OF JULY 31, 2002 ZC 0., 1 & ZTA 0 1 PC Staff Repon SBB ResidLnual Use 39 FILE COPT AGENDA SEAL BEACH BOULEVARD ZONING REVISION WORKSHOP LIMITED COMMERCIAL AND GENERAL COMMERCIAL ZONED PROPERTIES ON SEAL BEACH BOULEVARD BETWEEN PACIFIC COAST HIGHWAY AND ELECTRIC AVENUE Wednesday, July 31, 2002 - 7 00 PM MEETING PLACE COUNCIL CHAMBERS 211 8th Street Seal Beach, CA 90740 WELCOME AND INTRODUCTION OF STAFF II REVIEW OF CITY COUNCIL DIRECTION OF JULY 8, 2002 III REVIEW OF ZONING HISTORY OF SEAL BEACH BOULEVARD BETWEEN PACIFIC COAST HIGHWAY AND ELECTRIC AVENUE IV OVERVIEW OF ISSUES FOR DISCUSSON ❑ ALLOW NEW RESIDENTIAL DEVELOPMENT WITHIN THE CURRENT L- C ZONED AREAS AS A PERMITTED USE SUBJECT TO COMPLIANCE WITH CURRENT RESIDENTIAL HIGH DENSITY (RHD) ZONING STANDARDS ❑ REVISE SECTION 28 -1150 DECLARATION OF LEGISLATIVE INTENT TO INDICATE THAT RESIDENTIAL USES WILL BE ALLOWED AS A STAND -ALONE USE 0 REVISE SECTION 28 -1151 PERMITTED USES TO ALLOW RESIDENCES AS A PERMITTED USE C ,My DocLments,S53LVD\ oning Worksnop Agenca 7 3 02 doc'L\AA\07 30 02 SEAL BEACH BOULEVAPD ZONING REVISION PUBLIC WORKSHOP AGENDA JULY 31 2002 ❑ REVISE SECTION 28 -1155 GENERAL PROVISIONS LOT SIZE OPEN SPACE BULK AND YARDS TO REFERENCE DEVELOPMENT STANDARDS OF THE RESIDENTIAL HIGH DENSITY ZONE (RHD) FOR STAND ALONE RESIDENTIAL USES ❑ REQUIRE A MINIMUM 6 -FOOT HIGH BLOCK WALL BETWEEN NEW STAND -ALONE RESIDENTIAL DEVELOPMENT AND EXISTING COMMERCIAL OR MIXED USE DEVELOPMENT UNLESS THERE IS A COMMERCIAL STRUCTURE CURRENTLY CONSTRUCTED ALONG THE SIDE PROPERTY LINE ❑ REQUIRE RECORDED COVENANT INDICATING RESIDENTIAL STAND -ALONE PROPERTY IS LOCATED ADJACENT TO MIXED -USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT AND MAY BE EXPOSED TO NOISE OR OTHER OPERATIONAL IMPACTS OF THOSE MIXED -USE DEVELOPMENTS ❑ CONTINUE TO ALLOW FOR MIXED -USE DEVELOPMENTS AS A PERMITTED OR CONDITIONALLY PERMITTED USE IN ACCORDANCE WITH THE EXISTING PROVISIONS OF THE L -C ZONE ELIMINATE CONCERN REGARDING NON - CONFORMING USES ❑ REVISE STANDARDS FOR MIXED -USE DEVELOPMENTS TO ELIMINATE REQUIREMENT THAT THE RESIDENTIAL UNIT IN A MIXED -USE PROJECT MUST BE INTENDED FOR OCCUPANCY BY THE OPERATOR/OWNER OF THE ADJOINING NON - RESIDENTIAL USE ❑ ZONING FOR EXISTING C -2 ZONED AREA NORTH OF CENRAL AVENUE? ❑ NO CHANGE IN ZONING FOR EXISTING RESIDENTIAL HIGH DENSITY (RHD) ZONED AREAS SOUTHERLY OF THE CURRENT L -C ZONE AREA ON ELECTRIC AVENUE V PUBLIC COMMENTS ON ISSUES FOR DISCUSSION VI STAFF SUMMARY AND NECESSITY FOR ADDITIONAL MEETINGS VII ADJOURN * * * * Zoning Workshop Agenaa 7 3 i 02 2 • ! ,-^� :�. 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',- -, ,, ' ,7 - - - .4 _' , ' i Ni :I, , 4 4 t , 3 - ``-' 4 if - r F (�rf� w f ' " • i'� y p + _ / v �^ Z Qs ••• ' -4 4 ill. ..: ' GENERAL PLAN & ZONING REVISIONS LIMITED COMMERCIAL & GENERAL COMMERCIAL ZONED PROPERTIES ON SEAL BEACH BOULEVARD BETWEEN PACIFIC COAST HIGHWAY AND ELECTRIC AVENUE HISTORY OF ZONING IN SUBJECT AREA o ORDINANCE 1442, ADOPTED JUNE 28, 1999 ❑ ANAHEIM BAY VILLAS PROJECT (SHORESHOP PROPERTY) NORTH OF LANDING AVENUE ❑ CHANGE IN ZONING FROM C -2 TO RMD ❑ 9 LOTS INVOLVED IN ZONE CHANGE o 7 HOMES CONSTRUCTED 7 HOMES SOLD o 1 BUILDING SITE TO BE CONSTRUCTED UPON REGIONAL WATER QUALITY CONTROL BOARD CLEARANCE o ORDINANCE 1346 AND 1347, ADOPTED JANUARY 13, 1992 ❑ ESTABLISHED LIMITED- COMMERCIAL ZONE (ORD 1346) ❑ APPROVED CHANGE IN ZONING FROM C -2 TO L -C (ORD 1347) ❑ 13 LOTS INVOLVED IN ZONE CHANGE — ALL OF THE WEST SIDE OF SEAL BEACH BOULEVARD BETWEEN LANDING AVENUE AND THE ELECTRIC AVENUE ALLEY C \My Documents \SBBLVD \Zoning History Presentation doc \LW\07 30 02 SEAL BEACH BOULEVAPD ZONING WORKSHOP PEVIOUS ZONING HISTOPY JULY 31 2002 0 TWO PROPERTIES HAVE RECEIVED APPROVAL FROM CITY TO BUILD UNDER THE L -C PROVISIONS o WALT MILLER PROJECT — APPROVED BY CITY AND COASTAL COMMISSION NOT CONSTRUCTED o MEDHAT RAOUF PROJECT — APPROVED BY CITY NOT YET CONSIDERED BY COASTAL COMMISSION ORDINANCE 1221 RE ZONE TEXT AMENDMENT 1- 86, ADOPTED APRIL 28, 1986 o CHANGE ZONING DESIGNATIONS FROM R -1 R 2 AND R -3 TO RLD RMD AND RHD D ZONE TEXT AMENDMENT 4 -83 (RESIDENTIAL OVERLAY ZONE) o PROPOSED CREATION OF A RESIDENTIAL OVERLAY ZONE ON SEAL BEACH BOULEVARD BETWEEN ELECTRIC AVENUE AND PACIFIC COAST HIGHWAY AND ON THE NORTH SIDE OF ELECTRIC AVENUE BETWEEN SEAL BEACH BOULEVARD AND SEVENTEENTH STREET o PLANNING COMMISSION RECOMMENDED APPROVAL OF ZTA 4- 83 ON JULY 6 1983 o RECOMMENDATION WAS TO CREATE A RESIDENTIAL OVERLAY ZONE DESIGNATION THAT WOULD PERMIT EITHER RESIDENTIAL USES ABOVE COMMERCIAL USES OR THE REPLACEMENT OF EXISTING UNITS ON A ONE FOR ONE BASIS o NEW RESIDENTIAL CONSTRUCTION PROPOSED UNDER THE RESIDENTIAL OVERLAY ZONE DESIGNATION WOULD REQUIRE CONDITIONAL USE PERMIT APPROVAL o ANY RECYCLING OR REDEVELOPMENT OF PROPERTY WOULD REQUIRE THE PROVISION OF ON SITE PARKING IN ACCORDANCE WITH CODE PROVISIONS o CITY COUNCIL TOOK NO ACTION AND REFERRED BACK TO THE PLANNING COMMISSION ON JULY 18 1983 o NO FURTHER ACTION ON PROPOSAL zonin Histoy presentation 2 SEAL BEACH BOULEVARD ZONING WORKSHOP PREVIOUS ZONING HIS 1`OPY JULY 31 2002 ❑ ORDINANCE 948, ADOPTED DECEMBER 9, 1974 ❑ CHANGE IN ZONING FROM C -1 TO C -2 o ORDINANCE 628, ADOPTED JUNE 17, 1963 ❑ SUBJECT AREA ZONED C -1 • ORDINANCE 406, ADOPTED JUNE 18, 1951 ❑ NO MAP AVAILABLE TO INDICATE ZONING DESIGNATION ❑ ORDINANCE 199, ADOPTED APRIL 2, 1936 ❑ NO MAP AVAILABLE TO INDICATE ZONING DESIGNATION Zoning History Presentation 3 GENERAL PLAN & ZONING REVISIONS LIMITED COMMERCIAL & GENERAL COMMERCIAL ZONED PROPERTIES ON SEAL BEACH BOULEVARD BETWEEN PACIFIC COAST HIGHWAY AND ELECTRIC AVENUE ISSUES FOR DISCUSSION ❑ ALLOW NEW RESIDENTIAL DEVELOPMENT WITHIN THE CURRENT "L -C" ZONED AREAS AS A PERMITTED USE, SUBJECT TO COMPLIANCE WITH CURRENT RESIDENTIAL HIGH DENSITY (RHD) ZONING STANDARDS ❑ REVISE SECTION 28 -1150 DECLARATION OF LEGISLATIVE INTENT , TO INDICATE THAT RESIDENTIAL USES WILL BE ALLOWED AS A STAND -ALONE USE ❑ REVISE SECTION 28 -1151 PERMITTED USES TO ALLOW RESIDENCES AS A PERMITTED USE ❑ REVISE SECTION 28 -1155 GENERAL PROVISIONS LOT SIZE OPEN SPACE BULK AND YARDS TO REFERENCE DEVELOPMENT STANDARDS OF THE RESIDENTIAL HIGH DENSITY ZONE (RHD) FOR STAND ALONE RESIDENTIAL USES ❑ REQUIRE A MINIMUM 6 -FOOT HIGH BLOCK WALL BETWEEN NEW STAND -ALONE RESIDENTIAL DEVELOPMENT AND EXISTING COMMERCIAL OR MIXED USE DEVELOPMENT UNLESS THERE IS A COMMERCIAL STRUCTURE CURRENTLY CONSTRUCTED ALONG THE SIDE PROPERTY LINE ❑ REQUIRE RECORDED COVENANT INDICATING RESIDENTIAL STAND -ALONE PROPERTY IS LOCATED ADJACENT TO MIXED - USE COMMERCIAL AND RESIDENTIAL DEVELOPMENT AND MAY C \My Documen s \S33LVD \P,.blic Workstioo Disccssion Items doc \LW\07 30 02 SEAL BEACH BOULEVAPD ZONING WORKSHOP WORKSHOP DISCUSSION ITEMS JULY 31 2002 BE EXPOSED TO NOISE OR OTHER OPERATIONAL IMPACTS OF THOSE MIXED -USE DEVELOPMENTS ❑ CONTINUE TO ALLOW FOR MIXED -USE DEVELOPMENTS AS A PERMITTED OR CONDITIONALLY PERMITTED USE IN ACCORDANCE WITH THE EXISTING PROVISIONS OF THE L -C ZONE ELIMINATE CONCERN REGARDING NON- CONFORMING USES ❑ REVISE STANDARDS FOR MIXED -USE DEVELOPMENTS TO ELIMINATE REQUIREMENT THAT THE RESIDENTIAL UNIT IN A MIXED -USE PROJECT MUST BE "INTENDED FOR OCCUPANCY BY THE OPERATOR/OWNER OF THE ADJOINING NON - RESIDENTIAL USE" ❑ ZONING FOR EXISTING C -2 ZONED AREA NORTH OF CENRAL AVENUE? ❑ NO CHANGE IN ZONING FOR EXISTING RHD ZONED AREAS SOUTHERLY OF THE CURRENT L -C ZONE AREA ON ELECTRIC AVENUE * * * * °ubiic Workshop Discussion Items 2 Ct 0 ,_, 0 N . r—' O E 1.) 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' .t.; R i / As v - .w''a �' +} � .�,.. jR S � ' 1� ,/ h , a ' , y p f ✓,. 4 ▪ I t: ;' '` ., Y . . 444 FILE COPY 1 SEAL BEACH BOULEARD 2 ZONING REVISION WORKSHOP 3 4 Limited Commercial and General Commercial Zoned 5 Properties On Seal Beach Boulevard Between 6 Pacific Coast Highway and Electric Avenue 7 8 Minutes of Wednesday, July 31, 2002 9 10 11 The Director of Development Services Mr Lee Whittenberg called the scheduled 12 workshop to order at 7 00 p m on Wednesday July 31 2002 The meeting was 13 held in the City Council Chambers 1 14 15 WELCOME AND INTRODUCTION 16 17 Mr Whittenberg introduced himself and welcomed those present to tonight s 18 workshop 19 20 REVIEW OF CITY COUNCIL DIRECTION OF JULY 8, 2002 21 22 Mr Whittenberg then explained that the City Council (CC) had authorized Staff to 23 review the current zoning for the Limited Commercial (L -C) area along Seal Beach 24 Boulevard (SBB) between Pacinc Coast Highway (PCH) and Electric Avenue He 25 noted that there is also a small piece of remaining General Commercial (C -2) zoning 26 at the north corner between Landing Avenue and the new homes constructed on the 27 former Shore Shop site along SBB 28 29 30 ZONING HISTORY OF SEAL BEACH BLVD BETWEEN PACIFIC COAST 31 HIGHWAY AND ELECTRIC AVENUE 32 33 Mr Whittenberg stated that the most recent change in zoning took place in 1999 34 when CC voted to approve removal of the Shore Shop center and eliminate the 35 commercial zoning on that property and the zoning was changed to a Residential 36 Medium Density (RMD) zone He noted that the property has since been developed 37 with seven (7) new homes constructed on that site all of which have been sold He 38 continued by stating that prior to this a zone change in 1992 established the L -C 39 Zone which covers the area along SBB from Landing down to Electric Avenue He 40 explained that the L -C Zone allowed for a mixture of retail and office uses with 41 residential above these uses He indicated that this zone change had a number of 42 specific design standards and a provision requiring residents of the residential units 1 These Minutes were transa abed from auaiotape or the meeting 1 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electnc Ave Meeting Minutes of July 31 2002 1 above the new commercial or office space to be someone involved in an 2 employment capacity with the retail or office use on the same property Mr 3 Whittenberg noted that since then there have been two projects approved through 4 the City process Walt Millers project and Medhat Raoufs project He stated that 5 Mr Raouf's project has not yet come before the California Coastal Commission 6 (CCC) He explained that Mr Millers project has been through a number of 7 iterations between the City and CCC but at this point no construction has begun on 8 either property He again indicated that CC has directed that Staff look at how to 9 make some sort of development occur in this area He stated that in 1986 a 10 terminology change occurred in all of the different zoning categones in the City Mr 11 Whittenberg reported that in June 1983 a proposal for a Residential Overlay Zone 12 (ROZ) was approved by the Planning Commission (PC) and forwarded to CC who 13 then referred it back to the PC for further consideration with no subsequent action 14 taken He explained that the proposed ROZ would have been very similar to the L -C 15 Zoning allowing residential uses over retail or commercial uses It would also have 16 allowed the replacement of existing residential units in that area on a unit per unit 17 basis He stated that from 1936 up to 1974 it appears that the zoning was C -1 for 18 light retail uses He noted that in 1974 as part of a comprehensive revision of the 19 entire Zoning Ordinance the zoning for the area was changed to a C -2 Zone Mr 20 Whittenberg reported that the CC has proposed allowing residential uses as a 21 standalone use on the properties without the requirement for the residence being 22 done in conjunction with a commercial use He stated that after receiving some 23 feedback on this issue Staff would draft a set of revisions to the existing code 24 provisions and ask the public to return for another input session and when finalized 25 will present the recommendations before CC 26 27 OVERVIEW OF ISSUES FOR DISCUSSION 28 29 Mr Whittenberg then presented the following possible options for making revisions 30 to the existing Code provisions 31 32 1 Allow new standalone residential development to occur subject to compliance 33 with the current standards for the RHD Zone He indicated that these standards 34 would allow one home for every 2 178 square feet with 3 foot side yard setbacks 35 and a 25 -foot height limit 36 37 2 Continue to allow mixed -use' developments as a permitted or conditionally 38 permitted use in accordance with the existing provisions of the L -C Zone He 39 said that this would provide the property owner with a choice to develop straight 40 residential or a mixed -use development He noted that this would eliminate the 41 concern regarding non - conforming uses He said that if these non - conforming 42 uses are maintained as a permitted use they never become non - conforming and 43 can be added to 44 45 3 Revise standards for mixed -use developments to eliminate the requirement that 46 the occupant for a residential unit in a mixed -use project must be employed by 2 Zoning Pevision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electric Ave Meeting Minutes of July 31 2002 1 the retail /commercial use downstairs Mr Whittenberg stated that although the 2 City no longer feels this to be a viable provision the CCC would have to approve 3 this concept 4 5 4 Should the area north of Landing Avenue remain a C -2 Zone or should it be 6 incorporated into the L -C Zone or should it be placed into the RHD Zone? 7 8 5 Make no changes in zoning for existing Residential High Density (RHD) zoned 9 areas south of the current L -C Zone on Electric Avenue 10 11 In response to concerns expressed by Mr Greg Miller Mr Whittenberg responded 12 that changing the zoning would not require anyone to change what already exists on 13 their property The Director of Development Services confirmed that Mr Miller 14 prefers to keep the zoning exactly as it is He then confirmed that Mr Miller would 15 like to see all retail /commercial units with no residential uses 16 17 18 PUBLIC COMMENTS 19 20 Ms Seretta Fielding stated that 20 years ago when she and her husband purchased 21 their property they were working with the then City Manager John Baucke to get a 22 residential zoning designation for their property She stated that even back then 23 there was no retail draw She said that the reason that several residents of this area 24 have come together is to request that the zoning be changed to residential and to 25 ensure that should the zoning be changed what is currently there will be 26 grandfathered in She stated that there is no L -C money available unless it is 27 private money She said that this is one of the reasons that the vet lot has sat 28 vacant for over 4 years She stated that many different proposals have been 29 presented to CC but the owner has changed his mind every time because acquiring 30 the financing is extremely difficult Ms Fielding noted that the only retail value along 31 this portion of SBB is Greg Miller s Bike Shop 32 33 Mr John Grossgold stated that he manages the office building at 239 and 241 SBB 34 for his father He stated that he and his father have no problem with the residential 35 zoning but would prefer to have the option to construct residential or commercial as 36 they choose He said they would like to have the option of rebuilding a commercial 37 building should anything happen to their current office building Mr Grossgold 38 commented that the requirement that residential units above retail /commercial units 39 be inhabited by employees of the retail uses below them has never really worked 40 well and they would be in favor of eliminating this provision 41 42 Mr Medhat Raouf concurred with Mr Grossgold s comments regarding having the 43 option of constructing either residential or commercial developments He said he is 44 doing his best to get his project going but he is aware that he will have to confront 45 challenges with CCC and specifically the objections of his neighbor He 3 Zoning Revision Workshop - Seal Beach Blvd L C and C 2 Zone Properties between PCH & Etectnc Ave Meeting Minutes of July 31 2002 1 commented that he did not understand why anyone would object to having zoning 2 provisions that would allow these options 3 4 Mr Kent Trollen stated that he rents the space at 231 SBB above Mr Millers bike 5 shop He said that he is concerned about the City s financial stability and if 6 commercial properties are converted to residential zoning this would affect the 7 City s income He commented on the positive development changes that have taken 8 place in Cannery Village in Newport Beach, where he used to rent office space He 9 said that after 20 years of lying dormant developers with money have moved into 10 the area and created a whole new atmosphere He said that he has a vision for 11 something similar being constructed in Seal Beach Mr Trollen also commented 12 that the requirement that residential units above retail /commercial units be inhabited 13 by employees of the retail uses is ludicrous He stated that having lofts to rent to 14 people employed in the retail /commercial uses below or for the business owners to 15 live above their businesses would be a good option but should not be a 16 requirement He said that if the L -C zoning remains credit should be given to the 17 resident/employees who live upstairs as less parking would be required He 18 commented that better communication among all parties involved in this issue 19 should be incorporated to provide for a smoother process He recommended 20 leaving the L -C Zone as is because if it is zoned for residential then parking will 21 progressively become worse than it already is He stated that most of his 22 acquaintances love downtown Seal Beach but he likened this section of SBB to a 23 demilitarized zone with no character to attract visitors Mr Trollen noted that with a 24 spirit of cooperation there could be some good opportunities for markedly improving 25 this section of town Mr Whittenberg noted that Staff would contact the City of 26 Newport Beach to request copies of their standards for Cannery Village to use for 27 reference 28 29 Following is a verbatim transcript of Mr Greg Miller s comments 30 31 Greg Miller My name is Greg Miller owner of Sandpiper Bike Shop for 22 years 32 and first of all, Seal Beach Boulevard could be developed into a nice commercial 33 area with light apartments above it or other apartment complexes Its going to be 34 very interesting if 1 ve got a bike shop and bikes out on the sidewalk and I m 35 grandfathered in You think you re going to Mr Medhat that you re going to get big 36 high dollars for your value next door It s just not going to fit and be as pleasing if it 37 wasn t all R -1 Think about it Having noise and the cars coming in dropping bikes 38 off taking bikes you know customers all over It isn t as pleasing as spending 39 $780 000 on a house It s your opinion That s right But I think you ought to think 40 about that and I don t think you think about it too much You also have been told by 41 Lee Whittenberg that you are not in a flood zone You are in a flood zone and yet 42 you were allowed you were told that your property could be built the way it was 43 although Lee Whittenberg said he didn t know if it was in a flood zone We know 44 We have pictures We d be glad to show you Seretta Fielding every year sandbags 45 her front of her door Lee Whittenberg puts sandbags across the street so people 46 can get them That is a flood zone We have 12 000 vehicles that travel that street 4 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electnc Ave Meeting Minutes of July 31 2002 1 a day You have ambulances you have cars you ve got busses that are traveling 2 up and down That is the busiest street in Seal Beach the busiest street other than 3 Pacific Coast Highway They thought it would change when they reduced the size of 4 the street but it didn t You stand out there you don t work in town you don t see 5 You stand out there today and it s a zoo Those seven houses at the end of the 6 street they are not sold There is nobody living in one of those houses How come 7 there s no grass in front of any of them? There is not one of those houses people 8 are living in Drive by 8 00 at night There s no lights on There s a little light in the 9 very back If you peek through any of the windows you 11 see its untouched 10 There s no clothes around There s nothing Nobody s living there If it was such a 11 great place to live they would have been bought people would have moved into 12 them There is two people that look like they are from India and they re taking care 13 of those houses while they re vacant Nobody lives and is paying rent on those 14 houses Not one person Why would you own a $780 000 house and every one of 15 those has Do Not Disturb and a Sold sign in it You d take it down You d be 16 proud of your house You d put things around it You wouldn t have a Sold sign 17 still in it You wouldn t have a Do Not Disturb You walk up and down the street 18 there s a house that s just been sold you don t see Do Not Disturb in it Nobody 19 lives in those houses period What would you like to ask? (Directing himself to a 20 member of the public whose question was inaudible ) Excuse me but you haven t 21 really read the law You cannot change the speed of that street Just because you 22 reduce the size don t you think that we have a pre - school there and we ve got 23 mothers walking with their kids across you d lower the speed whether it was reduced 24 or not Now it s been reduced and it is still the same speed What makes you think 25 putting houses there is going to reduce it any more? You re coming off a 50 -mile an 26 hour speed zone on the other side of Pacific Coast Highway The first sign that says 27 the speed is at half is about right around Landing You re already half way down 28 that boulevard when it says now 35 Now do you know that in America here you can 29 drive 10 miles an hour over the speed limit That means 45 miles an hour down that 30 street What would you like to ask? (Directing himself to a member of the public 31 whose question was inaudible) There are no residential homes on PCH Where? 32 (Inaudible comment from member of the public) That s not Seal Beach' We re 33 talking about Seal Beach here There s no houses on Pacific Coast Highway in Seal 34 Beach (Inaudible comment from member of the public) I m not saying it would 35 (Inaudible comment from member of the public) I think we should have parking on 36 one side 1 think we need to put those bike lanes back in and eliminate parking on 37 the one side because what s happening is that the bike lanes are not just for bikes 38 they re for parallel parking Why don t you try to parallel park and you stop your car 39 with cars coming behind you at 45 miles an hour to back up into a little spot and as 40 Kent said the spots are getting much fewer on that street So when there is a spot it 41 is extremely dangerous to back up (Inaudible comment from member of the public ) 42 It doesn t matter It will rill up or it doesn t matters The issue is the street was made d3 too small I think we all know that (Inaudible comment from member of the public ) A4 I know it is done but this is why we should be talking and thinking about things 45 because that street was done and nobody wanted to listen You included That s 46 one problem right there you didn t know about it Didn t Lee Whitienberg advise 5 Zoning Pevision Workshop - Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electnc Ave Meeting Minutes of July 31 2002 1 you? Yeah not until all of a sudden things were done (Inaudible comment from 2 member of the public) It has nothing to do with it' Well it does' First of all, you 3 start putting residential and it kills any business because people drive down the 4 street and all of a sudden they lose the sight and the whole idea that there are 5 businesses (Inaudible comment from member of the public) Your service - oriented 6 businesses (Inaudible comment from member of the public ) Absolute they do' It 7 all says drive by I have 12 000 vehicles that drive that street a day (Responding to 8 comments from Seretta Fielding ) What study was that Seretta? Oh and who did 9 that Seretta? It was not done Take a look Take a look next time Seretta You 10 are wrong It s a little bit more than 5 000 if you open your eyes Oh I m there You 11 know damn well I live at that place You know damn well I live there And changing 12 that to allowing businesses to come in and we start to develop that street and turn it 13 into something This city is broke It doesn t have any money and we start 14 generating we get a little surf shop We get little shops in there It can happen 15 (Comments directed to Lee Whittenberg ) Oh yeah and you ve sat there and shut 16 everything down for 15 years You ve told us right now you ve told us that we can t 17 build up to the property line although its commercial zone Commercial zone you 18 can build right up to the property line (Inaudible comment from member of the 19 public) Sorry' You re on the property line and that s commercial and you re 20 allowed to Every business on Main Street it is not held up yet Sorry Every 21 business on Main Street butts side to side 22 23 Mr Whittenberg I think going back over old history at this point doesn t help us 24 deal with the future As far as dealing with how we want to approach the future here 25 I think we ve heard some comments from Kent that we re going to take a look at on 26 some ideas from Newport Beach on maybe there are some ways to 27 28 Mr Miller I m not done talking 29 30 Mr Whittenberg Oh I understand that but understand that one of the things 31 we re going to take a look at is the standards that Newport Beach uses Maybe 32 there is a way to make our standards easier to implement as far as attracting new 33 commercial uses into that area If we can do that as a part of this process we II 34 certainly do that 35 36 Mr Miller 0 K now, you re going to put a 3 -foot setback from an existing 37 business? Side setback? Three foot to a residential? Is that correct? 38 39 Mr Whittenberg That s the existing standard in that area of the City 40 41 Mr Miller Three feet away from a business That would be an absolute yoke' 42 (Inaudible comment from member of the public) That s not a business next door 43 No it s a yard (Comment from Seretta Fielding inaudible) It would be very nice to 44 see how my business sits right up against yours It should be a 5 -foot setback and I 45 see here that you want to propose a 6 -foot wall in between the business Well 46 that s going to really look lovely to the street (Comment from Mr Whittenberg 6 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electric Ave Meeting Minutes of July 31 2002 1 inaudible ) Why do we have a wall? Where our lot is right now we can build right up 2 to that property line (Comment from Mr Whittenberg inaudible) We have a right to 3 build to that property line right now and we can go two -story (Comment from Mr 4 Whittenberg inaudible ) No there s no wall there His building is going to come 5 down and on the other side where Seretta s building is I can build right up to that 6 She s got to move her building back to turn it to residential (Comment from Mr 7 Whittenberg inaudible) Well if she turns it to residential I believe she has to Is 8 that correct Lee? 9 10 Mr Whittenberg If it is turned into a completely residential building it would need 11 to have the setback of whatever is determined to be appropriate for the residential 12 setback 13 14 Mr Miller Completely residential! What does that mean? if her building is 15 commercial zoned right now' 16 17 Mr Whittenberg Part of the building is commercial The commercial zone can 18 meet a commercial setback the residential part would need a residential setback 19 which is the current provisions in that area 20 21 Mr Miller And so she would have to move her house three feet from our property 22 line Is that correct? Answer the question! 23 24 Mr Whittenberg Well 25 26 Mr Miller Answer the question! If she is on the property line and she want to turn 27 her house into residential does she move her building? Or is it 3 feet from our 28 building? 29 30 Mr Whittenberg It is never a distance from another building It s a distance from a 31 property line 32 33 Mr Miller The property line so answer the question! 34 35 Mr Whittenberg We 36 37 Mr Miller Let me state the questions Lee! The question is if she wants to turn her 38 building into residential does she need to move her building 3 feet from our property 39 line 40 41 Mr Whittenberg Is the question If she want to turn the downstairs day care 42 center into residential? 43 44 Mr Miller The downstairs the upstairs is not residential It s an apartment 45 46 Mr Whittenberg That s residential 7 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electnc Ave Meeting Minutes of July 31 2002 1 Mr Miller It s not a resident Residential is a place Not 2 3 Mr Whittenberg Residential use is a use of people living 4 5 Mr Miller That is mixed use as it is right now L -C Zone You turn that zone into 6 R -1 and she wants to change her building then she needs to conform to R -1 and 7 R -1 means upstairs downstairs doesn t matter 8 9 Mr Whittenberg If she wanted to tear that building down and build a new 10 residential use on the property as we re suggesting she would have to have a 11 minimum 3 -foot setback from your property line 12 13 Mr Miller From our property line? 14 15 Mr Whittenberg Yes if she takes the building down If she wants to come in and 16 convert the existing building that would be an issue that the Planning Commission 17 and Council would have to 18 19 Mr Miller Convert the existing building? 20 21 Mr Whittenberg Yes 22 23 Mr Miller And we can build our building right up to the property line is that 24 correct? 25 26 Mr Whittenberg That s not correct 27 28 Mr Miller Why is that not correct' 29 30 Mr Whittenberg Because it requires a Site Plan Review by the Planning 31 Commission for any new 32 33 Mr Miller So I see a double standard here is that somebody has allowed her to do 34 what she want but when we have a commercial zone and this is commercial zone 35 right now we are not allowed to build up to the property line like all other 36 businesses 37 38 Mr Whittenberg If I can finish my comment 39 40 Mr Miller Let me finish here that you ve made an order without my father here 41 and she appealed it That is wrong That is absolutely wrong and it will still be 42 challenged 4 3 44 Mr Whittenberg Well that is your choice The Code right now provides that any 45 new construction in the Limited Commercial Zone area on Seal Beach Boulevard is 46 not automatically approved We have 8 Zoning Revision Workshop — Seal Beach Blvd L C and 0 2 Zone Properties between PCH & Electnc Ave Meeting Minutes of July 31 2002 1 Mr Miller Not automatically approved! 2 3 Mr Whittenberg You have to go through a Planning Commission public hearing 4 for the Planning Commission to 5 6 Mr Miller That s the way it s zoned right now' 7 8 Mr Whittenberg That s the existing provisions of the existing L -C Zone 9 10 Mr Miller Oh but you want to throw in a new zoning saying that she can put her 11 residential wherever she wants 12 13 Mr Whittenberg No All I have said is that we would suggest a new use of 14 residential uses that would still have to go through the Site Plan Review process 15 The Planning Commission then can modify the setback as they feel is appropriate 16 based on surrounding conditions of that new use that s proposed 17 18 Mr Miller Oh but you ve eliminated us from building up to the property line' 19 20 Mr Whittenberg No 21 22 Mr Moiler Yes you have! We are not allowed to build to our property line 23 24 Mr Whittenberg I have not eliminated that 25 26 Mr Miller She wants to change Yes you did eliminate that We have a right to 27 build up to it and you changed !t! 28 29 Mr Whittenberg The City Council made that decision 30 31 Mr Moller No they did not! No! You did! You made that Lee because the City 32 Council is incompetent and you run this little corrupt town You run this town and 33 the City Council relies on Staff that s got its hands in everybody s pocket So you re 34 saying that in the meantime you will hold us back from building to the property line, 35 but she can go to get the planning deal and get hers changed according to what is in 36 the surrounding area As long as we re kept away she can do what she wants 37 That is wrong Absolutely wrong 38 39 Mr Whittenberg That is not what it states 40 41 Mr Miller That is what it states You re saying right now on record that I cannot 42 build up to my property line and yet she can build up to wherever she wants 43 44 Mr Whittenberg I never said that 45 46 Mr Miller Yes you have! 9 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electnc Ave Meeting Minutes of July 31 2002 1 Mr Whittenberg I said that if she wants to build residential she has a minimum 2 3 -foot setback 3 4 Mr Miller No you did not' You just said that she will have to go to the Planning 5 Department and at that point they can look at what s around and go Gee Mr Miller 6 isn t building He s three feet away so you can just turn that into residential 7 8 Mr Whittenberg They cannot 9 10 Mr Miller That is wrong 11 12 Mr Whittenberg They cannot 13 14 Mr Miller That is wrong 15 16 Mr Whittenberg Can I make a comment? 17 18 Mr Miller That is wrong and this city is going to find out 19 20 Mr Whittenberg You are wrong 21 22 Mr Miller I am not wrong 23 24 Mr Whittenberg The Planning Commission cannot reduce the setback below what 25 the minimum is They can require a greater setback So if the minimum setback is 3 26 feet they cannot reduce that to 2 feet They could require it to be 4 feet They could 27 require 28 29 Mr Miller So then what you re saying is her building must move if she turns it to 30 residential Answer the question' 31 32 Mr Whittenberg Yes It has to be a minimum of 3 feet from the property 33 34 Mr Miller From the property line if she turns it to residential 35 36 Mr Whittenberg line and the Planning Commission can require more than that 37 if they feel it is necessary They cannot allow it to be built closer than 3 feet 38 39 Mr Miller It s not being built, it s there now 40 41 Mr Whittenberg We re not talking about that we re talking about 42 43 Mr Miller We are talking about that 44 45 Mr Whittenberg The question you asked is if a new building is built 46 10 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electric Ave Meeting Minutes of July 31 2002 1 Mr Miller No I m note If she changes that to a residential building it needs to be 2 set back 3 feet from the property line 3 4 Mr Whittenberg If she wished to convert the existing day care facility of the 5 property which is built on property line 6 7 Mr Miller Which is commercial? 8 9 Mr Whittenberg Yes 10 11 Mr Miller It s commercial right now so she can change her commercial to 12 residential 13 14 Mr Whittenberg She would have to have a 3 -foot setback at that point to do that 15 Minimum 3 -foot setback to convert the building 16 17 Mr Miller To convert the building 18 19 Mr Whittenberg Yes 20 21 Mr Miller So nobody can live downstairs Is that correct? Nobody lives down 22 there now 23 24 Mr Whittenberg That s correct 25 26 Mr Miller That s correct so nobody can ever live downstairs without a 3 -foot 27 setback to that building Is that correct? 28 29 Mr Whittenberg As we are proposing 30 31 Mr Miller No' Is that correct right now! 32 33 Mr Whittenberg At this point you can t build a residential unit downstairs 34 35 Mr Miller That s right' What s there to propose We can build up to the property 36 line 37 38 Mr Whittenberg If she were to convert that to residential as we are proposing it 39 would need to be 3 feet from the property line minimum 40 41 Mr Miller You are absolutely insane 42 43 Mr Whittenberg That s your opinion 44 45 Mr Miller Yeah No it is And according to several other people around Many 46 people 11 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electric Ave Meeting Minutes of July 31 2002 1 Mr Whittenberg Do you have any other comments on the proposed zoning issue 2 that s before us this evening? 3 4 Mr Miller (In response to inaudible comment from member of public) No, there s 5 no time limit What? You want to come up and talk again I suppose? No there s 6 no you know there s no time limit And is there going to be another meeting, Lee? 7 8 Mr Whittenberg I said there would be 9 10 Mr Miller When? 11 12 Mr Whittenberg I will not know that until we go back and look at the issues from 13 Newport Beach and have time to look at those You I1 get noticed There II be at 14 least a 10 -day notice before the meeting is held again just like you got notice of this 15 meeting in the mail 16 17 Mr Miller Yeah and do these go to the residents or to the owners? Property 18 owners 19 20 Mr Whittenberg City Council requires by ordinance that every notice we send out 21 for a public meeting go to both owners and occupants of all properties within 300 22 feet of the location 23 24 Mr Miller Well I think that will be changed That is not correct Residents don t 25 have any right to vote to say anything they want to say, as renters As renters' (In 26 response to inaudible comment from member of public) He came in and talked 27 that s right' Right or wrong? Renters don t have a right' He was speaking on Walt 28 Miller That what he was speaking for (Inaudible comment from member of the 29 public) Renters do not have a right to dictate how that boulevard will go! They don t 30 have a right' (Inaudible comment from member of the public) Renters come and 31 go You could have a renter come in and say something and the next week he loses 32 his job and he s got to move away (Inaudible comment from member of the public ) 33 Commercial renters? Commercial renters? Well how come anybody on Main 34 Street can t come and just talk about anything in front of City Council? You have to 35 live in town You have no ideal Do you know how many businesses on Main Street 36 would love to come down and talk about how this town is run but they cannot 37 because they don t live in this part of town (Inaudible comment from member of the 38 public) It s the same thing! Oral communications is a yoke! You re talking to a brick 39 wall Yeah you know !t! (Inaudible comment from member of the public) What 40 record? Who looks at !t? Who cares? When it s run by Lee Whittenberg here and 41 the Staff is totally incompetent because they don t have the time they don t have 42 Paul Yost he s a doctor' He is a doctor! He does not have the time to sit there and 43 read and look over these issues The other two guys are retired don t even come 44 into Seal Beach Patty Campbell is alienated from this part of town because she 45 feels she s not in Seal Beach which whether she is or not (Inaudible comment from 46 member of the public) Because we want to see that street developed into mixed 12 Zoning Revision Workshop - Seal Beach Blvd L C and C 2 Zone Properties between PCH & Efectnc Ave Meeting Minutes of July 31 2002 1 use (Inaudible comment from member of the public) No it's not me and my father 2 (Inaudible comment from member of the public) It s your turn It s all of our turn 3 (Inaudible comment from member of the public) Oh yes you do and the 4 grandfather does not work That does not work It won t last It can change at any 5 time The City can say You know what? We now feel everybody should conform 6 If Mr Lee VVhittenberg wants to have his way he II do that 7 8 Mr Whittenberg Any ordinance of the City an ordinance is a zoning ordinance 9 which sets forth your building standards and would include language on 10 grandfathering issues are Council adopted ordinances Those can change as 11 Council people think is appropnate to change them Just as the zoning issue here is 12 being considered for change Just as the zoning was changed in 1992 to allow the 13 limited commercial zone There is no forever guarantee that a zoning ordinance is 14 always going to be the same It dust doesn t happen 15 16 Mr Miller There is on 7 Street or 10 Street They re not going to put in 17 commercial but our street has a chance to do many different things So things can 18 be changed 19 20 Mr Whittenberg That s just what I said 21 22 Mr Miller I m saying So the City can change when they want They can say 23 Too bad The grandfather clock is gone We are going to ask The Snug Harbor 24 and everyone to conform to R -1 now 25 26 Mr Whittenberg (In response to inaudible question from member of public) Cities 27 do that but in most cases what will happen is when they change an ordinance and 28 they want something different than what is already there uses are put in what s 29 called a legal non - conforming status and cities will then determine an appropriate 30 amortization period for those uses of property What I am familiar with in other cities 31 is something in the range of 40 to 75 years before you need to comply Those 32 choices are made for whatever reason by each particular city How they come up 33 with their numbers I don t know In this city there is nothing that requires now a 34 legal non - conforming use to be removed at a specific point in time As a matter of 35 fact our codes allow people to add to and expand legal non - conforming uses under 36 certain circumstances for residential use not for commercial With commercial you 37 can keep what you have but you can t expand it For residential there are certain 38 cases where you have a lot of apartments in the Old Town area here that were 39 allowed by right to build four units on a lot You no longer can do that The City 40 made a change and so a lot of people when that happened I think were upset with 41 the City but those apartment units can stay as they are and again under certain 42 circumstances there can be small additions to them If you have a 4 -unit apartment 43 you can t build a 6 -unit apartment 44 45 Mr Miller We re talking commercial 46 13 Zoning Revision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electric Ave Meeting Minutes of July 31 2002 1 Mr Whittenberg Well like I said commercial ever since I ve been here, you 2 cannot expand an existing non - conforming commercial use but you can always 3 keep what you have There s nothing in our codes now that says in the year 2025 4 you have to shut that down 5 6 Mr Miller So once this is zoned you re saying that we can t develop our lots 7 8 Mr Whittenberg No you can develop it in accordance with the L -C standards 9 You can t develop your lot now where the bike shop is with anything other than what 10 it is unless you want to tear it down and start all over That existed 30 years ago 11 12 Mr Miller The lot that is empty You re telling me that we cant develop that 13 anything other than R -1 14 15 Mr Whittenberg No What we propose is you keep your L -C zoning and you 16 have the option to build residential but you always have the right to build L -C zoning 17 also That s what s proposed 18 19 Mr Miller (In response to inaudible comments from Seretta Fielding ) Why I m so 20 against it'? Because it would never exist It won t work' Would you ever buy a 21 house next to a big business? And reverse it the other way Would you ever go is 22 a business going to survive with houses there? (Inaudible comment from Seretta 23 Fielding) No' Who is You re barely surviving? Oh I ve heard that for 20 years 24 That is a yoke' That is absolute joke' There is money out there you wouldn t 25 believe (Inaudible comment from Seretta Fielding) Oh yeah? I ve learned a hell of 26 a lot (Inaudible comment from Seretta Fielding ) We don t need you need to You 27 need to find one that does the job 28 29 Mr Whittenberg Are there any other comments you have regarding what s before 30 us this evening as far as looking at changing some of the allowable uses in that 31 area? 32 33 Mr Miller Yeah I well um 34 35 Mr Whittenberg (In response to inaudible question from Seretta Fielding ) The 36 letters are sent out in a 300 -foot radius I don t have the map in front of me for what 37 that area is (Inaudible comment from Seretta Fielding ) Well I hate to get this into a 38 characterization of opposing anything at this point because right now we re just 39 asking for suggestions There s no formal proposal to oppose He s opposed to 40 ideas that are being discussed and I d want to keep it in that form at this point 41 When we have something that s formally before the Planning Commission for formal 42 proposal then people are going to speak in favor or opposition of whatever is 43 proposed at that point Right now I m hearing concerns about what we re talking 44 about You prefer just to leave it as it is 45 14 Zoning Pevision Workshop — Seal Beach Blvd L C and C 2 Zone Properties between PCH & Electric Ave Meeting Minutes of July 31 2002 1 Mr Miller I really don t understand how you can have such a busy street and put 2 all these houses in 3 4 Mr Whittenberg We re making notes of those comments We II have a transcript 5 of this that will be included to the Planning Commission when they have their 6 hearings on it in the future 7 8 Mr Miller Well we II make sure we re there and you know it s insane Absolutely 9 insane what you have done to this town There s another City Manager in another 10 city that doesn't think too highly of you of what you did to Buena Park You really 11 destroyed that 12 13 Mr Whittenberg I have never worked in Buena Park 14 15 Mr Miller Its another one right near by and you destroyed that place Our 16 boulevard is destroyed I think we all know that (Inaudible comment from Seretta 17 Fielding ) Its Seal Beach s boulevard and that boulevard has been destroyed 18 You re grass is dead in front of your place isn t it Seretta? You re grass is dead in 19 front of your place Its the ugliest street in this town (Inaudible comment from 20 Seretta Fielding ) Oh really? I don t think so 21 22 Mr Whittenberg Thank you all for coming We will notify you when we have 23 something else to come back and talk about again 24 25 ADJOURNMENT 26 27 Mr Whittenberg adjourned the meeting at 8 15 p m 28 29 30 Respectfully Submitted 31 32 33 34 35 Carmen Alvarez Executive Secretary 36 Planning Department 15 Negative Dec lai anon 0D 1 Genei al Plan Amendment 0D 1 Zoning Change 03 1 and Zone Text Amendment 03 1 Lnnited Commercial Zone Revisions Planning Commtssaon Staff Report March 5 2003 ATTACHMENT 6 PROPOSED NEGATIVE DECLARATION 03 -1, DATED FEBRUARY 11, 2003 NOTE PREVIOUSLY PROVIDED TO THE PLANNING COMMISSION, CITY COUNCIL, AND PUBLIC LIBRARIES NOT PROVIDED AS PART OF THIS STAFF REPORT DUE TO LENGTH COPIES ARE AVAILABLE AT THE DEPARTMENT OF DEVELOPMENT SERVICES ZC 0 1 & Z1 A Oi 1 PC Stlff Report SBB Pesidunal Uses 40 Negative Declai ation 03 1 Genei al Plan Amendment 03 1 Zoning Change 03 1 and Zone Teat Amendment 03 1 Limited Conimei cial Zone Revisions Planning Commission Staff Repot t Mai eh 5 2003 ATTACHMENT 7 EXCERPTS OF SECTION 28 -2406 OF THE CODE RELATING TO RECONSTRUCTION OF DAMAGED OR DESTROYED NONCONFORMING BUILDINGS ZC 0 1 K ZTA 0 1 PC Staff Report SBB Reidtntial Uses 41 NeranveDeclarazzon 0p 1 General Plan 4mendmeht 1 Zoning Change 0) 1 and Zone TL t 4menarnent 03 1 Linn ed Commercu.l Zone Re' scions Plannuig Commission Staff Repor t Mai ch 5 2003 `Section 28 -2 Reconstruction of Damaged or Destroyed Nonconforming Buildings 4 S nonconfoiniing building damaged or destroyed to the extent of not more than fifty percent of its replacement cost immediately pnor to its damage or destruction by fire explosion or other casualty or act of God or the public enemy may be restored and the occupancy or use of such building or pan thereof which existed at the time of such damage or destruction may be continued in the same manner which law fully existed pnor to such damage or cestruction B nonconfoiiiiing residential building damaged or destroyed to the extent of more than fifty percent of its replacement cost immediately pnor to its damage or destruction by fire explosion or other casualty or act of God or the public enemy ma; be restored and the occupancy or use of such building may be continued as piovided in this subsection 1 Reconstruction Subject to kdmimstrative Plan Review Nonconformin g residential buildings may be reconstructed pursuant to Administrative Plan Review by the Director of Development Seri ices subject to the following (a) The minimum number of standard open and accessible covered parking spaces required by this Chapter shall be pro\ ided (b) The minimum setback and height standards of this Chapter shall be met (c) The number of units to be reconstructed shall be the number of units legally existing at the time of the building's partial destruction or one unit for each 950 square feet of lot area whichever is less (d) For the purpose of calculating density all fractions of units shall be rounded to the next highest whole number 2 Reconstruction Subiect to Minor Plan Review Peiiint Nonconforming residential buildings maN be reconstructed pursuant to a consent calendar plan review subject to the following (a) A minimum of one standaid open and accessible covered parking space shall be provided for each unit Tandem spaces existing at the time of the building s partial destruction shall be reconstructed but intenor spaces shall not be counted in satisfying the requirement of one space per unit (b) The minimum setback and height standards of this Chapter shall be met for the zoning distract in which it is located (c) The number of units to be reconstructed shall be the number of units legally existing at the time of the building's partial destruction or one unit for each 950 squai e feet of lot area w hichever is less ZC U 1 LC ZTr U> 1 PC St " Repor SBB R s1dL.nu,_i Uses 4? Negai ve Dcclaiation 03 1 Gencu Plan Amendment 03 1 Zoning Change 03 1 and Zone Teat Amendment 03 1 Limited Commercial Zone Revisions Planning Commission Staff Repoi t March . 2003 (d) For the purpose of calculating density all fractions of units shall be rounded to the next highest whole number 3 General Provisions The following shall apply to the reconstruction of nonconforming residential buildings pursuant to Sections B 1 and B 2 , above (a) No reconstruction may enlarge the habitable area of a nonconfocuimg residential building beyond its pre- existmg size unless such enlargement complies with the provisions of this Chapter (b) The number of units in a nonconforming residential building shall not be increased unless such increase complies with the provisions of this Chapter applicable to the zoning distnct in which it is located (c) The reconstruction of nonconforming residential units measuring less than 500 square feet shall be subject to the following findings by the Planning Commission 1 All units and rooms meet the minimums established for residential occupancies under the Uniform Building Code 11 All feasible area has been utilized to enlarge substandard units, given the availability and location of space on the site, or the constraints imposed by parking requirements and the existing sound pnimary structure (d) Any admimstrati■ e plan review approval or minor plan ieview approval shall become null and void if not exercised within one year from the date of such approval or issuance, and the provisions of Section 28 -2401 shall be applicable (e) Replacement cost shall be determined by the Director of De\ elopment Services, using valuation methods adopted by the Department of Development Ser\ ices If the property owner disputes the Director's determination replacement cost may be deteiuimed by a licensed appraiser selected and paid for by the property owner which appraiser shall be approved by the Director C A nonconformmg nonresidential building damaged or destroyed to the extent of more than fifty percent of its replacement cost immediately pnor to its damage or destruction by fire explosion or other casualty or act of God or the public enemy may be reconstructed subject to consent calendar plan review in accordance with the following cntena 1 The property shall provide at a minimum the same number of on -site parking spaces as w ere previously pro\ ided The Planning Commission shall on a case by case basis endeavor to inuease the ratio of parking to square footage either by ZC O 1 S. ZTA OD 1 PC Staff Repal SBB Residunti Uses 41 ?Vegative Dec lai anon 03 1 Genet al Plan 4mendmcnt 03 1 Zoning Change 03 1 and Zone Tet.t Amendment 03 1 Limited Commet ctal Zone Revisions Planning Commission Staff Repot 1 Match 5 2003 reducing the square footage 01 by iequi_nng additional paiking on -site In no case shall the square footage be reduced by more than 25 percent 2 All setbacks and height restnctions of this Chapter shall be met for the zoning distnct in which the building is located " * * * * ZC 0 1 8_ ZT4 0: 1 PC Staff Report SBB Resident al Uses 44 Negative Dec lai ation 03-1 Genes al Plan Amendment 0 3 1 Zoning Change 03 1 and Zone Test Amendment 03 1 Limited Commei ctal Zone Revisions Planning Commission Staff Repoi t Match . 2003 ATTACHMENT 8 E -MAIL LETTER FROM RICHARD GROSSGOLD, SENT TUESDAY 2/25/2003 2 08 PM ZC 0, 1 & ZTA Oa 1 PC Staff Report SBB Res)dennal Uses 4 Negative Declat anon 03 1 Genet al Plan Amendment 03 -1 Zoning Change 03 1 and Zone Text 4mendment 03 1 Luntted Commei cial Zone Revisions Planning Commission Staff Repot t Mat ch 5 2003 Tue 2/25/2003 2 08 PM Dear Mr Whittenberg In reference to our conversation this morning, I am revising my letter to you based on my understanding of our conversation I received a letter and a copy of the Journal's Legal Notice concerning the scheduled meeting of March 5,2003 The subject of the meeting shall concern the proposed Zone change along Seal Beach Blvd Seal Beach, CA My pioperty at 239 & 241 Seal Beach Blvd appears to be included in this proposed change My property is currently zoned as L -C Pnor to the Zoning change in 1992 my property was zoned C -2 So it is now Non - conforming because it is all used as office space I would be opposed to this ordinance change if it prevented me from rebuilding my property in the event that it was destroyed by Fire, Terronsts or for any other reason You have assured me that I would be able to rebuild in such an event and maintain the same commercial office use I would like to have my property mentioned in the new Ordinance or "Grand Fathered" in so that it will always be on record to allow it's present use in perpetuity unless I request to have it changed Would you please call me or write to me if my understanding of our conversation is not as I mentioned here -in My Tel# is (805) 966 -9394 My E -Mail address is drek144auna,cox net My son, Jonathan Grossgold, has my permission to speak on my behalf Be it at the City Planning Commission meeting, 01 to you or any of the City staff His Tel # is (562) 430 -8051 His E -Mail Address is Ton80FLT a@adelphla net Respectfully Submitted Richard Grossgold ZC 0 1 S ZTL 0_1 1 PC Stuff Report SBB ResldLnual Uses 46 Negative Declar ation 03 1 Genet al Plan Amendment 03 1 Zone Change 03 1 and Zone Text Amendment 03 1 Seal Beach Boulevat d Limited Commet cial Zone Revisions City Council Staff Repot t Apia 14 2003 ATTACHMENT 8 GENERAL PLAN AMENDMENT 03 -1, ZONE CHANGE 03 -1, AND ZONE TEXT AMENDMENT 03 -1 - PLANNING COMMISSION SUPPLEMENTAL STAFF REPORT, DATED MARCH 5, 2003, WITH ALL ATTACHMENTS ZC 0J 1 & ZTA Oi t CC Staff Report SBB Residential Uses 39 March 5, 2003 STAFF REPORT - Supplemental To Honorable Channian and Planning Cornlnission From Lee Whtttenberg Director of Development Services Subject NEGATIVE DECLARATION 03 -1, GENERAL PL 4N AMENDMENT 03 -1, ZONE CHANGE 03 -1 and ZONE TEXT AMENDMENT 03 -1 - SE 4L BEACH BOULEVARD L -C ZONE REVISIONS Applicant CITY OF SEAL BEACH Owner VARIOUS Location SEAL BEACH BOULEVARD BETWEEN ELECTRIC AVENUE TO 125 FEET NORTH OF LANDING AVENUE Classification of GENERAL COMMERCIAL (C -2) AND LIMITED COMMERCIAL (L -C) Property Request Summary GENERAL PLAN AMENDMENT 03 -1 — A REQUEST TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN TO REVISE ALLOWABLE USES WITHIN THE LIMITED COM1MIERCIAL LAND USE DESIGNATION TO ALLOW RESIDENTIAL USES NOT IN CONJUNCTION WITH A RELATED COMMERCIAL OR OFFICE LAND USE REVISE THE LAND LSE DESIGNATION AND LAND USE MAP FROM GENERAL COMMERCIAL TO LIMITED COMMERCIAL FOR THE SUBJECT PROPERTIES LOCATED NORTH OF LANDING AVENUE ZONE CHANGE 03 -1 - A REQUEST TO CHANGE THE ZONE ON PROPERTIES LOCATED FROM LANDING AVENUE 125 FEET NORTH ON SEAL BEACH BOULEVARD FROM GENERAL COMMERCLAL (C -2) TO LIMITED COMMERCLAL (L -C) ZONE TEXT AI\IENDMENT 03 -1 — k REQUEST TO AMEND THE PROVISIONS OF THE LIMITED COMMERCIAL (L -C) ZONE TO ALLOY NEW RESIDENTIAL CONSTRUCTION AS A PERMITTED USE IN THE L -C ZONE CURRENTLI NEW RESIDENTIAL USES ARE PERMITTED ONLY IN CONJUNCTION WITH AN ALLOW ABLE BUSLNESS USE Environmental AN INITIAL STUDY/NEGATIVE DECLARATION HAS BEEN PREPARED Review, PURSUANT TO CEQ Code Sections ARTICLE 11 5, LLMITED COMMERCLAL ZONE, SECTIONS 29 -2600 TO 28- 2614 Recommendation STAFF RECOMMENDS APPROVAL, SUBJECT TO CONDITIONS THROUGH ADOPTION OF RESOLUTION 03 -11 TO RESOLUTION 03 -13 RESPECTIVELY C Documents ane Semngs \LWh1u nberg\NI Documents \Zone Chang_ \ZC 0 1 & ZT 0_) 1 Stipp PC Stan Repon SBB Rs)dent al Uses doc \LW \0 , 04 0 1Vegat've Declat anon 03 1 Gene, al Plan 4mendment 0 I Zoning Change D 1 and Zane Ter 4mendment D 1 Limited Comore, ctal Zone Revisions Supplemental Planning Commission Stall Repo, Ma, ch 200.E FACTS ❑ Staff has prepared this supplemental staff report to address an issue brought up during the zoning revision workshops held on July 31 and November 20 regarding these applications Zone Text Amendment 03 -1 (Refer to ,4ttachment 1 Pi oposed Planning Commission Resolution 03 -13, Revised) ❑ Dunng the public discussion at the July 31 zoning revision workshop there were comments from several individuals at the meeting regarding the difficulty of completing a new mixed -use development with the current requirement that persons residing in a new residential unit in a mixed -use development must work on the property Please refer to Section 28 -1511 F of the Code which states ' Section 28 -1151 Permitted Uses In the L -C zone, the following uses only are peiinitted and as hereinafter specifically provided and allowed by this article F Residential uses located only on the second floor and above, and onlv in conjunction with a permitted or conditionally permitted non- residential use' (Emphasis added) ❑ Staff had intended to propose and is now proposing the deletion of Section 28 -1151 F 4 to remove the requirement that new residential uses in a new mixed -use development had to be occupied by an ov<ner or employee of the adjoining non - residential use as set forth in Section 28 -1155 F 4, which currently states `Section 28 -1155 General Provisions Lot Size Open Space Bulk and ards F Mixed -Use Standards Structures used for mixed commercial /residential use shall be subject to the following 4 New residential uses shall only be peg rotted only in conjunction with a non - residential use designed as an integral portion of the non- residential use and untended for occupancy by the owner /operator of the adjoining non - residential use " (Emphasis added) ❑ In conjunction with the proposed deletion of Section 28 1 155 F 4 a clanfving revision to section 28 1151 F is also iequired to maintain consistency within the L C zoning code pro\ isions i egarding new residential developments The proposed clarifying language is as follows ZC 0 , R ZTA 0 i Supp PC Staff Report SBB Residential Uses Negative Declaiation 03 1 Gcneral Plan Amendment 03 1 Zoning Change 03 1 and Zone Tem 4mendment 0 1 Limited Commer Zone Revisions Supplemental Planning Commtsston Staff Report Mar ch 2003 ' Section 28 -1151 Permitted Uses In the L -C zone the following uses only are permitted and as hereinafter specifically provided and allowed by this article F Residential uses located only on the second floor and above - when the floors above the second floor do not contain residential uses tts:e kfl such residential uses shall comply with all provisions of this article pertaining to residential de\ elopment ' ❑ Sections 28 -1150 and 28 1151require amendments to effectuate the proposed revision discussed above and Section 28 -1155 F 4 is proposed to be deleted, all other provisions of Article 11 5 remain unchanged Staff recommends that the Planning Commission recommend to the City Council the amendment of the development provisions of the Limited Commercial (L -C) Zone, as indicated below (Note Existing language to be deleted is indicated by : _ : = - - -= ::. - and new language to be added is indicated by bold and double underline Article 11 5 Limited Commercial Zone Section 28 -1150 Declaration of Legislative Intent It is hereby declared to be the intent of the LC Limited Commercial Zone - to establish reasonable standards that permit and control limited commercial and office uses in conjunction with residential uses - Furthermore, it is the intent of this part to • Encourage commercial, service, institutional and office uses that do not attract large volumes of traffic and continuous customer turnover B Limit and discourage development of strip -type highway- oriented commercial uses that create traffic hazards and congestion because they require numerous individual curb cuts and generate higher ti affic volumes C Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the zone D Encourage elimination of curb cuts for vehicular access and promote more efficient and economical parking facilities, utilizing both on- street parking off - street parking and off -site parking facilities E Encourage uses that minimize noise and congestion F Recognize that mixed -use del elopments may not be the only acceptable land use by also allowing residential development to occur as a stand -alone use within the Limited Commercial Zone Section 28 11 D1 Peiiiiitted Uses ZC 0_) 1 & ZTq OD 1 Supp PC Sti.ft Report SBB Resioential Uses Negative Declai at on 03 1 Genei al Plan 4mendment 03 1 Zoning Change 03 1 and Zone Tell 4mendment 03 1 Limi Commercial Zone Revisions Supplemental Planning Commission Staff Repo/ t Mai ch 5 2003 In the L C zone, the following uses only are permitted and as hereinafter specifically provided and allowed by this article A. Retail specialty shops including but not limited to the sale of gifts, antiques, flowers books, jewelry apparel, tobacco and related supplies, or craft shops making articles exclusively for retail sale on the premises B Personal service shops including but not limited to, tailor, barber beauty salon, shoe repair, dressmaking., or similar service uses C Business offices including, but not hmited to secunty and commodity brokerage, real estate sales travel agency, employment counseling, insurance sales, advertising, mailing, and stenographic services and other services of a similar nature ID Studios for dance art music photography radio or television E Professional offices for lawyers, engineers, architects landscape architects, urban planners, accountants economic consultants doctors, dentists, chiropractors, or other practitioners of the healing arts for humans or other professionals of a similar nature F Residential uses located only on the second floor and above — and --only w hen the floors above the second floor do not contain residential uses r All such residential uses shall comply with all provisions of this Article pertaining to residential development G Nursery schools, day care centers pnvate or trade schools, outdoor play hours shall be limited to between 9 00 a m and 5 00 p m H Residential use located as a stand -alone use, not m conjunction with a permitted or conditionally permitted non - residential use Said uses shall comply with all of the development standards for the Residential Medium Density Zone (RAID Zone), except for the Front Yard Setback requirements, which shall be m conformance with the development standai ds of the Residential High Density Zone (RHD Zone) District I standard Li- I Any use detennrned by the Planning Commission to be of a nature similar to the uses listed abo\ e ' Staff is also recommending that Section 28 1155 F 4 be deleted as discussed above ZC 0 1 & ZT5 0.) 1 Stipp PC Staft Report SBB Resiaennal Uses Negat ve Declat ation 03 1 Gene al Plan 4mendment 03 1 Zoning Change 03 1 and Zone Tent 4mendment 03 1 Limited Comniei cial Zone Revisions Siipolemenial Planning Commission Staff Repot t Alai ch _) 2003 RECOMMENDATION , Staff recommends that after receiving both written and oral testimony presented dunng the public heanng the Commission recommend appro\ al by the City Council of ❑ General Plan Amendment 017-1 — A request to amend the Land Use Element of the General Plan to revise allowable uses within the Limited Commercial Land Use Designation to allow residential uses not in conjunction with a related commercial or office land use Revise a land use table to reflect the changes in land use designations for the General Commercial and Limited Commercial designations to reflect the proposed zone chance Revise the Land Use Designation and Land Use Map from General Commercial to Limited Commercial for the subject properties located north of Landing Avenue Since a land use table is also located in the Housing Element it is necessary to amend this table in the Housing Element to ensure consistency between the vanous elements of the General Plan ❑ Zone Change 03 -1 - A request to change the zone on properties located from Landing Avenue 125 feet north on Seal Beach Boulevard (303 307 and 309 Seal Beach Boulevard) from General Commercial (C 2) to Limited Commercial (L -C) ❑ Zone Text Amendment 03 -1 — A request to amend the pro\isions of the Limited Commercial (L -C) Zone to allow new residential construction as a permitted use in the L- C Zone Currently new residential uses are permitted only in conjunction with an allowable business use Should the Commission follow Staffs recommendation, Staff has prepared appropr'ate resolutions for consideration by the Planning Conumssion Please refer to Attachment 1 to review the revised resolution regarding Zone Text Amendment 03 -1 All other proposed resolutions require no amendments and are provided as Attachments 1 and 2 to the initial Planning Commission Staff Report on these matters /1�. *' e WhitLenbei2 Director Department of Development Servi es Attachments (1) Attachment 1 Revised Proposed Planning Commission Resolution Number 03- 13 A Resolution of the Planning Commission of the City of Seal Beach Recommending to the Citv Council Approval of Zone Text ZC 0h 1 .';. ZT, 0 1 Sump PC S aff Repor SBB Pesidenual Uses Negative Declat ation 0) 1 Genet al Plan 4mendment 01 1 Zoning Change 0) 1 and Zone Text Anzcndmcnt 03 1 Limited Commet czal Zone Revisions Supplemental Planning Comnusszon Stall Repot t Match . 200j Amendment No 03-1 Re\ isina the Development Standards of the Limited Commercial (L -C) Zone ZC 01 1 R. ZTk 0 1 Suoo PC S aff Repor SBB Residential Uses 6 Negative Declai anon 03 -1 Geier al Plan Amendment 03 1 Zoning Change 0., 1 and Zone Text Amendment 03 1 Limited Cormier vial Zone Revisions Supplemental Planning Commission Staff Repoit March ..) 2003 ATTACHMENT 1 REVISED PROPOSED PLANNING COMMISSION RESOLUTION NUMBER 03 -13, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE TEXT AMENDMENT NO 03 -1, REVISING THE DEVELOPMENT STANDARDS OF THE LIMITED COMMERCIAL (L -C) ZONE ZC O. 1 & ZT 0) 1 Supp PC Staff Report SBB Residennal Uses NT,.gatrve Declaaanon 03 1 Genet al Plan Amendment 03 1 Zoning, Change 03 1 and Zone Teat 4menamem 03 1 Lunacd Commercial Zone Retitstons SuaDlemental Planning Con27ntssioe Staff Reno/ t Vat ch . 200D RESOLUTION NUMBER 03 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE TEXT AMENDMENT NO 03 -1 REVISING THE DEVELOPMENT STANDARDS OF THE LIMITED COMMERCI SL (L -C) ZONE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 On July 8 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard The Planning Department held Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area and issues for discussion on July 31 and November 20, 2002 Based on the discussions at those infoiiiiation meetings staff has proceeded with the request as presented Section 2 The requests being considered, in the opinion of staff generally confoini to the expressed desires of the majonty of persons that attended the information meetings Section 3 Pursuant to 14 Calif Code of Regs § 15025(a) and §§ II C and III of the City s Local CEQA Guidelines staff prepared an Initial Study and a Negative Declaration, which is being circulated for public review and comment from February 11, 2003 to March 17, 2003 in compliance with the provisions of the California En\ ironmental Quality Act and the Citv's Local CEQA Guidelines The Negative Declaration was reviewed by the Planning. Commission at a public hearing held on March 5 2003 in relation to the land use proposal Section d A duly noticed public hearing was held before the Planning Commission on March 5, 2003 to consider the subject applications kt the public hearing, the Planning Commission invited and considered,' any and all testimony offered in favor or opposition to said applications Section 5 The record of the heanngs indicates the following a) The City of Seal Beach seeks to consider alternate\ e land uses for the existing L -C zoned areas on Seal Beach Boulevard b) On Jul; 8, 2002 the City Council authonzed initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boule\ and ZC 0 1 & ZTQ 0-J 1 Supp PC Stt"Repor SBB Residential Uses Negative Declai anon 03 1 Genet al Plat Amendment 0o 1 Zoning Change 0o 1 and Zone TLit Amendment 03 1 Limited Commei cial Zone Revisions Supplemental Planning Commission Staff Repot t Mai ch 3 2003 c) The Planning Department held ' Public Infoiuiation Meetings" to discuss the direction of the City Council the history of zoning of the area and issues for discussion on July 31 and November 20 2002 d) A mixture of single family and multi - family residential uses in the Residential Medium and Residential High Density (RMD and RHD) zones abuts the subject area to the v'; est and south Directly across Seal Beach Boulevard, to the east is the main ship loading_ facilities for the Seal Beach Naval Weapons Station in the Public Land Use /Recreation (PLIJ/R) Zone North of the subject area along Seal Beach Boulevaid are new single- family residences in the RMD zone This residential development was previously zoned C -2 e) The City has previously appro'; ed revisions to the Land Use Element and a zone change regarding the ` Shore Shop" properties located north of Landing Avenue along Seal Beach Boulevard The City adopted `Negative Declaration 98 -3 — Anaheim Bay Villas — General Plan Land Use Element Amendment and Zone Change from General Commercial Land Use Element designation and C 2 Zone to Residential Medium Density Land Use Element designation and Residential Medium Density (RMD) Zoning designation' This Negative Declaration evaluated potential impacts for a General Plan Land Use Element Amendment and Zone Change to allow for the construction of 9 residences iininediately to the north of the 3 properties currently located in the C -2 zone north of Landing Avenue The accompanying zone change request was approved by the City the California Coastal Commission, and 8 of the 9 peiiiiitted homes have been constructed f) The proposed residential development standards would peiniit a density of 17 4 units per acre, or 1 unit for each 25 -foot wide lot within the project area Many of the properties are currently developed with existing legal, non- confoiiuing multiple - family residential properties, and it is not anticipated that these developments would be removed for the replacement with single- family residences, due to the economic factors involved with high rental rates in this area of the City g) If all of the existing legal non - confoinnng multiple - family residential unit developments (50 units) were to demolished and replaced with allowable new single family units only (approximately 27 units) the area would experience a net loss of 23 units resulting in a net population loss to this area of the communit and a maximum potential loss of 0 16% of the total number of housing units within the City Section 6 Based upon substantial evidence in the record of the Planning Commission heanngs regarding the application including the facts stated m § 5 of this resolution and in the environmental documentation prepared in conjunction with this project and pursuant to §§ 28 -2600 and 28 2602 of the City s Code the Planning Commission hereby finds that Zone Text Amendment 03 -1 will be beneficial to the short term and long teiui land use goals of the City of Seal Beach The Planning Commission further finds that approval of the subject Zone Text Amendment will promote the public health safety and welfare Therefore the Planning Commission finds that the requested Zone Text Amendment to the City of Seal Beach Zoning Ordinance will be in the public interest and makes the following findings of fact ZC 0. 1 d ZT 0 l Supp PC Star; Report SBB Residential Uses 9 NegattveDeclaiaizon 03 1 General Plan 4m.uidnent 0., 1 Zoning Change 03 1 ana Zone Text Amenament 0i I Limited Commei cial Zone Revisions Supplemental Plann rig Convnrssron Staff Report 41vfai ch 5 2003 (a) The proposed Zone Text Amendment v'; ill confoiiii allowable land uses within the Limited Commercial (L -C) Zone to the goals and policies of the Land Use Element and Zoning Map for the subject area as revised and provides for a comprehensive range of development options for the Limited Commercial (L -C) Zone that will accomplish the following_ goals of the City in achieving sustainable development on the subject property 1 Creates a range of allowable land uses within the Limited Commercial (L -C) Zone that is compatible and consistent with the prevailing pattern of land uses in the immediaae vicinity 2 Promotes the general integrity of the neighborhood by allowing for a combination of both retail office and residential uses that are intended to encourage revitalization of the subject properties 3 Creates a comprehensive range of allowable development options for underutilized and potentially incompatible properties b) The Planning Commission has identified the project objective of allowing for greater flexibility in the allowable land uses within the Limited Commercial' Geneial Plan Land Use Element land use designation and the `Limited Commercial ' provisions of the Seal Beach Zoning Ordinance The proposed zone text amendment will include additional provisions regarding allowable land development uses within the Limited Commercial zone thereby allowing greater development flexibility along the subject frontage of Seal Beach Boulevard c) In 1992 the City established the Limited Commercial" General Plan Land Use Element land use designation and the `Limited Commercial' provisions of the Seal Beach Zoning Ordinance in an attempt to encourage pnvate revitalization of properties in the Limited Commercial zone designation along Seal Beach Boulevard Prior to 1992 the properties south of Landing Avenue were located in a General Commercial" Land Use Element and Zoning designation and no new commercial development had occurred in the area in oti er 20 years d) The 1992 revisions were adopted to encourage a range of mixed -use developments It was hoped the ability to also construct residential land uses in conjunction with a commercial or office use would serve as an additional incentive for pnvate revitalization efforts Those efforts have not been successful, and the City is now proposing to allow a free standing residential development in the area also e) Proposed Zone Text Amendment 03 -1 and the necessary General Plan Amendments and Zone Change, v'; ill not be detrimental to the short term or long - teiiii goals or objectives of the City of Seal Beach and are in the interest of the public health safety and elfare Proposed Zone Text Amendment 03 -1 is consistent with the General Plan as amenaed pursuant to General Plan Amendment 03 -1 Section 7 Based on the foregoing Sections 1 through 6 the Planning Commission hereby recommends that the Citv Council approve Zone Text Amendment 03 1� Only Section 28 -11 0 and 28 -1151 require amendments and Section 28 -115 F 4 is to be deletea all ocher provisions of Article 11 5 remain unchanged The Commission hereby ZC 0 1 & ZTk 0 1 Sup') PC Staff Reoor SBB R Uses 10 Negative Declai ation 03 1 Gcnei c 1 Plan Amendment 03 1 Zoning Change O 1 ana Zone Tex 4meidmelt 03 1 Limited Commie cial Zone Rev sions Supplemental Planning Commission Staff Repoi t �1mcIa 5 2003 recommends that the City Council amend the development provisions of the Limited Commercial (L -C) Zone as indicated below 1 Revise Section 28 1150 and 28 1151 to read as follows Article 11 5 Limited Commercial Zone Section 28 -1150 Declaration of Legislative Intent It is hereby declared to be the intent of the LC Limited Commercial Zone to establish reasonable standards that peumt and control limited commercial and office uses in conjunction with residential uses Furthermore, it is the intent of this part to A Encourage commercial service institutional and office uses that do not attract large volumes of traffic and continuous customer turnover B Limit and discourage development of strip type highway - onented commercial uses that create traffic hazards and congestion because they require numerous individual curb cuts and generate higher traffic volumes C Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the zone D Encourage elimination of curb cuts for vehicular access and promote more efficient and economical parking facilities, utilizing both on- street parking, off - street parking and off -site parking facilities E Encourage uses that minimize noise and congestion F Recognize that mixed -use developments may not be the only acceptable land use by also allowing residential development to occur as a stand- alone use within the Limited Commercial Zone Section 28 -1151 Permitted Uses In the L -C zone, the following uses only are permitted and as hereinafter specifically provided and allowed by this article Retail specialty shops including' but not limited to, the sale of gifts antiques, flowers books, jewelr; apparel tobacco and related supplies, or craft shops making articles exclusi\ ely for retail sale on the premises B Personal service shops including but not limited to, tailor barber beauty salon shoe repair dressmaking, or similar service uses C Business offices including but not limited to security and commodity brokerage, real estate sales travel agency employment counseling ZC 0 1 & ZT 0 1 Supp PC Staff Report SBB Resiaenual Uses 11 Negatn e Decicy atton 03 1 Genu al Plan Amendment 03 I Zoning Change 03 1 and Zone rev 4mendment 03 1 Limited Commet ctal Zone Revisions Saoplemental Planning Comnnsstot Staff Repot t Match 5 2003 insurance sales advertising, mailing and stenographic services and other services of a similar nature D Studios for dance art music, photography radio or television E Professional offices for law engineers architects, landscape architects, urban planners, accountants economic consultants doctors, dentists chiropractors or other practitioners of the healing arts for humans or other professionals of a similar nature F Residential uses located only on the second floor and above when the floors above the second floor do not contain residential uses All such residential uses shall comply with all provisions of this Article pertaining to residential development G Nursery schools day care centers, pnvate or trade schools, outdoor play hours shall be limited to between 9 00 a m and 5 00 p m H Residential use located as a stand -alone use, not in conjunction with a permitted or conditionally peuiutted non - residential use Said uses shall comply with all of the development standards for the Residential Medium Density Zone (RMD Zone) except for the Front Yard Setback requirements, which shall be in confouuance with the development standards of the Residential High Density Zone (RHD Zone) Distnct I standard 1 Any use determined by the Planning. Commission to be of a nature similar to the uses listed abo\ e ' 2 Delete Section 28 -1155 F 4 it its entirety PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of 2003 by the follovN mg vote AYES Commissioners t NOES Commissioners ABSENT Commissioners ABST AIN Commissioners ZC 0 1 R ZT4 0) 1 Sapp PC Stah Repon SBB R , .sieential Uses 1? Negative Declaration 03 1 Genei al Plan 4mendment 0; 1 Zoning Change 0p 1 and Zone TO t Amendment 0p 1 Linn ed Commei cial Zone Revisions Supplemental Planning Comnussion Staff Renoi t Alai ch 2001 David Hood Ph D , Chainnan Planning Commission Lee Whittenberg Secretary Planning Commission ZC 0 1 & ZTA 0 1 Supp PC Staff Report SBB Resudential Uses 13 Negative Declai ation 03 -1 Genei al Plan Amendment 03 1 Zone Change 03 -1 and Zone Text Amendment 03 1 Seal Beach Boulevai d Limited Comore, cial Zone Revisions City Council Staff Repoi t April 14 2003 ATTACHMENT 9 COMMUNICATIONS RECEIVED RE NEGATIVE DECLARATION 03 -1 ZC 0_) I R. ZTA 03 1 CC Staff Report SBB Ra ldentlal Uses 40 CITY OF SEAL BEACH FILE 0 DE� tir k !WENT OF LARRY M LEAMAN c ��// �] of j� n DEVELOPMENT SERVICES INTERIM DIRECTOR CO VL /� O J O / IL�G 300N FLOWER ST C , VW Planning & Development Services Department SANTA ANA CALIFORNIA L IFOR� MAILING ADDRESS P O BOX 4048 SANTA ANA CA 92702 -4048 NCL 03 -017 March 17, 2003 Lee Whittenberg, Director of Development Services City of Seal Beach 211 8 Street Seal Beach, CA 90704 SUBJECT ND for Seal Beach Blvd Develop Between Electnc Ave Alley and Landing Ave Dear Mr Whittenberg The above referenced item is a Negative Declaration (ND) for the City of Seal Beach The purpose of the project is to allow greater flexibility in the allowable land uses within the "limited Commercial General Plan Land Use Element land use designation and the "Limited Commercial' provisions of the Seal Beach Zoning Ordinance The project area consists of 13 parcels between the north Electric Avenue Alley and Landing Avenue and 3 parcels northerly of Landing Avenue These 16 parcels compnse a total land area of approximately 1 9 acres of land The County of Orange has reviewed the ND and offers the following comments RECREATION /TRANSPORTATION 1 We understand there is an existing or proposed Class I (paved off -road) bikeway along the west side of Seal Beach Boulevard within the project site If so, this should be addressed under Project Characteristics (page 2), and under Recreation and/or Transportation The City may wish to zone this stnp "recreation/open space" to accommodate the bikeway and associated landscaping WASTE MANAGEMENT Waste Diversion 2 The City of Seal Beach is responsible for meeting the Assembly Bill 939 (AB 939) mandate of 50% disposal reduction, and for prepanng AB 939 solid waste planning documents These documents include the Source Reduction and Recycling Element 1 (SRRE), the Household Hazardous Waste Element (HHWE), and the Non - Disposal Facility Element (NDFE) When structures such as buildings, surface parking and sidewalks are demolished as part of the initial site preparation phase for a project, demolition wastes are generated The proposed project will result in the generation of demolition wastes Demolition- generated wastes consist of heavy, inert matenals such as concrete, asphalt, rock and soils, wood, drywall, metals and bnck These matenals create significant problems when disposed of m landfills, since demolition wastes do not decompose, they take up valuable landfill capacity Additionally, since demolition wastes are heavy when compared with paper and plastic, it is more difficult for junsdictions to reduce the tonnage of disposed waste For this reason, demolition waste debns has been specifically targeted by the State of California for diversion from the waste stream Projects that will generate demolition waste should emphasize deconstruction and diversion planning, rather than demolition Deconstruction is the planned, organized dismantling of existing buildings and structures on a project site, which allows maximum use of the deconstructed matenals for recycling and limits disposal at solid waste landfills Dunng the construction of new projects, construction wastes are generated The proposed project will result in the generation of construction wastes Construction - generated wastes consist pnmanly of inert matenals that would otherwise take up valuable landfill space Reducing construction wastes at construction sites conserves landfill space, reduces the environmental impact of producing new matenals, and can reduce overall building project expenses through avoided purchase /disposal costs Wood, drywall, cardboard, metals, bnck, plastics and shingles can be reused in other construction projects or recycled The project applicant should contact the City's recycling coordinator who can provide the names and locations of recycling facilities in the project area that will accept construction wastes We recommend that this project address a waste reduction plan for the demolition and construction wastes generated from this project This plan should be coordinated with the City's recycling coordinator to help ensure that A B 939 requirements are properly addressed Thank you for the opportunity to respond to the ND If you have any questions, please contact Charlotte Harryman at (714) 834 -2522 Sincerely, 0 1 a.,,, .__ T mothy Neely, p, .i ager Environmental Planning Services Division J cjh 2 y0, , STATE OF CALIFORNIA \a ° Governor's Office of Planning and Research i State Clearinghouse Gray Davis CITY OF SEAL BEACH Tal Finney Governor Intenrn DiieLtor I! March 18 2003 DErr, 5 :NT OF DEVELOPMENT SERVICES Lee Whittenberg City of Seal Beach 211 Eigth Street Seal Beach CA 90740 Subject Limited Commercial Zone Revisions SCH# 2003021072 De,.' Lee Whitte ^berg The State Clearinghouse submitted the above named Negative Declaration to selected state agencies for review The review period closed on March 17 2003 and no state agencies submitted comments by that date This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents pursuant to the California Environmental Quality Act Please call the State Clearinghouse at (916) 445 0613 if you have any questions regarding the environmental review process If you have a question about the above named project please refer to the ten digit State Clearinghouse number when contacting this office Sincerely 4 6442 - 74 —. Terry R erts Director State Clearinghouse 1400 TENTH STREET P O BO\ J0-1 -1 SACRAMENTO C .LIFORNIA 9■S1' _)04-1 (916)44D 061 FA \(916) _)2i D01t \bww opt i.1 �OV C` 26 Document Details Report State Clearinghouse Data Base SCH# 2003021072 Project Title Limited Commercial Zone Revisions Lead Agency Seal Beach City of Type Neg Negative Declaration Description Revise General Plan and Zoning Ordinance to allow new residential development as a standalone use in an area that currently allows new residential development as a component of a mixed use development Lead Agency Contact Name Lee Whittenberg Agency City of Seal Beach Phone 562 431 2527 Fax email Address 211 Eigth Street City Seal Beach State CA Zip 90740 Project Locat County Orange City Seal Beach Region Cross Streets Pacific Coast Highway and Electric Avenue Parcel No 199 062 1 to 14 199 061 3 to 5 Township Range Section Base Proximity to Highways Pacific Coast Airports Railways Waterways Anaheim Bay and Pacific Ocean Schools Land Use Limited Commercial and General Commercial land use and zoning designation Project issues AestheticNisual Agricultural Land Air Quality Archaeologic Historic Drainage /Absorption Flood Plain /Flooding Geologic /Seismic Minerals Noise Public Services Schools /Universities Sewer Capacity Soil Erosion /Compaction /Grading Solid Waste Toxic /Hazardous Traffic /Circulation Vegetation Water Quality Water Supply Wetland /Riparian Cumulative Effects Reviewing Resources Agency California Coastal Commission Department of Fish and Game Region 5 Office of Agencies Historic Preservation Department of Parks and Recreation California Highway Patrol Caltrans District 12 Caltrans District 7 Department of Housing and Community Development Regional Water Quality Control Board Region 8 Regional Water Quality Control Board Region 9 Native American Heritage Commission State Lands Commission Department of Conservation Date Received 02/14/2003 Start of Review 02/14/2003 End of Review 03/17/2003 Note Blanks in data fields result from insufficient information provided by lead agency Negative Declai ation 03 1 Genei al Plan Amendment 03 1 Zone Change 03 1 and Zone Text Amendment 03 1 Seal Beach Boulevai d Limited Coniniei cial Zone Revisions Citv Council Staff Report Api it 14 2003 ATTACHMENT 10 NEGATIVE DECLARATION 03 -1 NOTE PREVIOUSLY PROVIDED TO CITY COUNCIL NOT PROVIDED WITH STAFF REPORT DUE TO LENGTH, 67 PAGES COPIES ARE AVAILABLE AT THE DEPARTMENT OF DEVELOPMENT SERVICES FOR REVIEW AND WILL BE AVAILABLE AT THE CITY COUNCIL PUBLIC HEARING ZC 03 1 R ZTA 03 I CC Staff Report SBB Residential Uses 41