ZONING TEXT AMENDMENT NO. 23-002 & MUNICIPAL CODE AMENDMENT
ZONING UPDATE - CITYWIDE
May 7, 2024
REQUEST
Zoning Text Amendment (ZTA) No. 23-002:
Amend eight chapters of the HBZSO
Amend Section 2.5 of the BECSP – Street Regulations
Address common clarifications and issues that arise through the day-to-day operations
Address emerging technologies
Continuous effort to improve customer service
Ensure requirements are clear to all readers and responsive to the needs of residents and business owners
Public hearing held March 26, 2024
Planning Commission approved
CHAPTER 230 SITE STANDARDS
Section 230.08.E & 230.08.G Accessory Structures - Patio Covers and Separation Codified regulations specifically related to patio covers Consistent with other sections of the HBZSO
Section 230.12 Home Occupation Permits
Clarifies the permit process for residents
Expands on uses that may qualify for a permit
Prohibits renting of home for commercial purposes
Section 230.68 Building Projections into Yards
Codifies code interpretation for eaves
Consistent with other sections of the HBZSO
Removes inconsistent language for side yard setbacks
CHAPTER 230 SITE STANDARDS
Section 230.88 Fencing and Yards
Removes setback provision for walls/fences in the RMH-A zone (25 ft. wide lots) Increased height of fences and walls up to a maximum of eight feet without a CUP Requires building permit and engineering
Clarifies what is considered open lattice wall extension Removes property owner notification for lattice extensions
CHAPTER 231 OFF STREET PARKING AND LOADING PROVISIONS
Section 231.02.G Basic Requirements for Off-Street Parking and Loading New section to include provisions for Space Efficient Parking Mechanical Stackers/Lifts
Residential Uses
Only for single-family residences
Surplus parking only
Commercial/Industrial
Up to 20% of required parking – CUP to ZA
21%-40% of required parking – CUP to PC
Requires attendant
CHAPTER 231 OFF STREET PARKING AND LOADING PROVISIONS
Section 231.02.G Basic Requirements for Off-Street Parking and Loading cont.
Mechanical Parking Design
Fully screened and enclosed
No more than one vehicle may be stacked over another vehicle Subject to review by the Design Review Board
Operations
May not queue into the public right-of-way
Covenant for operation and attendant
Back up generator with manual override
BECSP - SECTION 2.5: STREET IMPROVEMENTS
Street Improvements required in major approved developments New sidewalk, curbs, landscaping, dedications
Beach Blvd. owned by Caltrans
Many existing sidewalk widths do not comply with BECSP
Need for the property owner to offer to dedicate a portion of their property to Caltrans Added language to expand requirements to allow for alternative design for narrower rights-of-way
4’-9’
4’-9’
Currently: BECSP requires 6 ft. wide sidewalks and a range of 4 ft. -9 ft. wide plant strip Existing ROW ranges between 7 ft. – 15 ft. wide
PRIVATE FRONTAGE
PRIVATE FRONTAGE
PUBLIC
FRONTAGE
PUBLIC
FRONTAGE
THOROUGHFARE
LESS THAN 10’
LESS THAN 10’
Proposed: No landscape requirement for ROW less than 10 ft. wide
THOROUGHFARE
PRIVATE FRONTAGE
PRIVATE FRONTAGE
PUBLIC
FRONTAGE
PUBLIC
FRONTAGE
BECSP - SECTION 2.5: STREET IMPROVEMENTS
Eliminated street improvement waiver language
Added process for alternative improvements
Added language to clarify timing of certain street improvements Eliminated in-lieu fee language
Improvements occur during development
Expanded allowable tree species in right-of-way
MUNICIPAL CODE AMENDMENT
July 2021: City approved Middle Income Housing Program
Created 649 middle-income housing units at Elan and Breakwater.
Acquired through Joint Powers Authority with tax exempt bonds Requires City to forgo property tax revenue for up to 30 years September 2023: City Council considered a potential charter amendment to require a vote of the people if the City were to approve another middle-income housing program that requires the City to forgo property tax revenue Final direction was to bring forward as an ordinance for Council consideration rather than a Charter amendment Proposed ordinance requires
Affirmative vote of a majority of the City Council
Affirmative vote of the electors voting on a proposition in a general or special election
RECOMMENDATION
The Planning Commission and Staff recommend approval of Zoning Text Amendment No. 23-002 based on the following:
Consistent with General Plan goals and policies.
Cleans up the HBZSO and BECSP to improve clarity, address deficiencies, and maintain currency; Codifies existing policies and code interpretations and allows select entitlement requests to be permitted by right; and Results in better customer service by providing clear requirements as well as prompt and cost-effective review process.
The City Council is also requested to consider approval of Ordinance No. 4322 to add Chapter 3.60 to the HBMC related to Joint Exercise of Power of Agreements for Middle Income Housing developments.
Questions?