TITLE
Recommendation to declare ordinance repealing Ordinance No. C-3377 for the purpose of removing previously established special setback requirements on the 5800 block of Linden Avenue, read and adopted as read. (District 9)
DISCUSSION
In 1954, the City Council adopted Ordinances establishing special setbacks throughout the City. These Ordinances were for the purpose of tailoring setbacks to the development pattern of an area as well as to widen streets. The special setback Ordinances preceded the Subdivision Map Act, the current Zoning Code, and other tools to govern the dimensions of rights-of-way that are now used. The special setback requirement accommodated future street widening before more effective mechanisms of street dedication and setbacks by zoning district came into full practice. As these new tools came into existence, the City did not reevaluate the individual special setback Ordinances and provisions of the Zoning Code to determine whether the special setbacks were still necessary or whether they resulted in conflicting regulations.
Ordinance C-3377 established a special setback for parcels fronting Linden Avenue, north of South Street to 59th Street in North Long Beach (Attachment A - Ordinance No C-3377 with Resolution and Map). This special setback requires a 15-foot building setback on both the east and west sides of the above segment of Linden Avenue. In reviewing a development proposal on one of these parcels, staff discovered an Ordinance encumbering these parcels with special additional setback requirements. In a joint effort with Public Works staff, a review of the special setback was completed, and it was determined that the City would not derive any long-term benefits from retaining the Ordinance. On August 20, 2020, the Planning Commission held a public hearing to consider the proposed repeal of the special setback. The Planning Commission found that the special setback was no longer a necessary tool and recommended unanimously that the City Council repeal the Ordinance (Attachment B - PC Findings).
Over the long-term, as resources permit, Development Services will undertake a more comprehensive effort to remove similar outdated special setback Ordinances and reconcile conflicting zoning regulations. In the near term, the removal of this particular setback on Linden Avenue is consistent with the November 17, 2020, action of the City Council to adopt new zoning districts tailored for North Long Beach through the Uptown Planning Land Use and Neighborhood Strategy (UPLAN) process. The newly adopted zoning districts establish more context-sensitive setback requirements and introduce “minimum public realm requirements,” which can be met with a combination of dedicated public right-of-way and private setbacks (as appropriate). This approach allows the setback to function as an expanded path of travel in areas where there are currently narrow sidewalk conditions, while maintaining the development feasibility of shallow lots commonly found on the City’s linear corridors. This minimum public realm requirement of the new zoning districts allows for a variable setback that better responds to the existing development patterns and challenging lot sizes and depths found in the area as a whole. Existing development on the west side of Linden Avenue consists of single and small multifamily structures that are sufficiently regulated by the setbacks found in Chapter 21.31 of the Zoning Code. Also, failure to repeal the special setback would present challenges to housing and mixed-use development planned for the area and contemplated by the 2019 General Plan Land Use Element Update.
This matter was reviewed by Assistant City Attorney Michael J. Mais on December 30, 2020 and by Budget Analysis Officer Julissa José-Murray on December 9, 2020.
TIMING CONSIDERATIONS
Pursuant to Section 21.25.103 of the Zoning Regulations, this request should be presented to the City Council within 60 days of the Planning Commission hearing, which took place on August 20, 2020. While the advisory 60-day period could not be met, the earliest possible City Council action is requested on February 2, 2021.
FISCAL IMPACT
There is no fiscal or local job impact associated with this recommendation. This recommendation has no staffing impact beyond the normal budgeted scope of duties and is consistent with existing City Council priorities.
SUGGESTED ACTION
Approve recommendation.
BODY
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH REPEALING ORDINANCE NO. C-3377 FOR THE PURPOSE OF REMOVING PREVIOUSLY ESTABLISHED SPECIAL SETBACK EQUIREMENTS ON THE 5800 BLOCK OF LINDEN AVENUE
Respectfully Submitted,
OSCAR W. ORCI
DIRECTOR OF DEVELOPMENT SERVICES
APPROVED:
THOMAS B. MODICA
CITY MANAGER