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Home My WebLink AboutCC AG PKT 2011-08-08 #HAGENDA STAFF REPORT DATE: August 8, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Mark Persico, AICR Director of Development Services SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1611 - ZONING TEXT AMENDMENT (ZTA) 11 -1, TITLE 11 (ZONING ORDINANCE) MUNICIPAL CODE SUMMARY OF REQUEST: That the City Council adopt Ordinance No. 1611 - Zoning Text Amendment No. 11 -1. BACKGROUND AND ANALYSIS: On July 25, 2011, the City Council held a public hearing and introduced Ordinance No. 1611. Following the public hearing the Council directed staff to revise three sections of the Ordinance. The Council voted to delete Section 3 related to recreational vehicle parking; therefore the subsequent sections have been renumbered. The Council requested that staff review the four foot setback related to swimming pool heater vents in Section 5. However, upon review, the setback cannot be reduced because it is a Building Code requirement. Finally, in Section 10, the Council stated that zoning text amendments require City Council concurrence to "initiate." Staff has made the appropriate revisions and the Ordinance is attached for second reading and adoption. FINANCIAL IMPACT: No Impact at this time. Agenda Item H Page 2 RECOMMENDATION: That the City Council adopt Ordinance No. 1611 as amended. SUBMITTED BY: Mark H. Persico, AICP Director of Development Services NOTED AND APPROVED: R. Ingram, Cit anager Attachment A. City Council Ordinance No. 1611 ORDINANCE NUMBER 1 611 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING TITLE 11 (ZONING) SECTIONS 11.1.15.020.C, 11.2.05.015.V, 11.4.10.020.A.5, 11.4.10.030.13, 11.4.15.010.A.2, 11.4.20.015.A.1, 11.4.40.020.A, 11.4.40.030.A, 11.5.15.005.6, 11.6.05.010.13, 11.6.05.010.L, AND 11.6.05.010.P OF THE SEAL BEACH MUNICIPAL CODE REGARDING ZONING AND DEVELOPMENT STANDARDS THE CITY COUNCIL OF THE CITY OF SEAL BEACH ORDAINS AS FOLLOWS: SECTION 1. Section 11.1.15.020.0 of the Seal Beach Municipal Code is hereby amended to read as follows: Measurements Involving a Structure. Measurements involving a structure are made to the closest wall of the structure. Chimneys, eaves, cornices, and bay windows up to 12 feet in length are not included in the measurement. Other features, such as covered porches and entrances, are included in the measurement. Structures or portions of structures that are entirely underground are included in measuring required distances. See Figure 11.1.15.020.C.1: Measurements Involving a Structure, and Figure 11.1.15.020.C.2: Architectural Projections into Setbacks. SECTION 2. Section 11.2.05.015.V of the Seal Beach Municipal Code is hereby amended to read as follows: Exception. On lots of less than thirty -seven and a half (37.5) feet in width, an encroachment into the exterior side yard for the length of the required garage will be permitted, provided that a setback of three (3) feet is maintained. The intent of this provision is to provide an interior garage width of eighteen (18) feet. SECTION 3. Section 11.4.10.020.A.5 of the Seal Beach Municipal Code is hereby amended to read as follows: Shielding. This requirement shall not apply to traffic safety lighting, public street lighting, or light trespass into an alley or other public right of way. Where the light source is visible from outside the property boundary, shielding shall be required to reduce glare and to the greatest degree practicable to prevent light trespass onto an adjacent private property, per Section 11.6.05.010.L. SECTION 4. Section 11.4.10.030.D of the Seal Beach Municipal Code is hereby amended to read as follows: Filter and Heating Systems. All swimming pool and hot tub filtration and heating systems shall be set back a minimum of one (1) foot from any property line and a minimum of ten (10) feet from any adjacent dwelling unit, or eight (8) feet with sound attenuation approved by City Staff. Heater vents shall be set back a minimum of four (4) feet from any property line and heater vents shall not extend more than six (6) inches above the nearest wall or fence. All filtration and heating systems shall comply with SBMC Title 7: Noise, Section 7.15.035: HVAC Equipment. SECTION S. Table 11.4.15.010.A.2 of the Seal Beach Municipal Code is hereby amended by adding: Ordinance Number 1611 ALLOWABLE HEIGHTS — SPECIFIC LOCATIONS Maximum Allowable Height Specific Locations 10 feet Seal Beach Boulevard SECTION 6. Table 11.4.20.015.A.1 of the Seal Beach Municipal Code is hereby amended by adding: REQUIRED PARKING Commercial Use Types Use Classification Required Off - Street Parking Spaces Additional Regulations Shopping Centers Section 11.4.20.015.F: greater than 75,000 sq. 5 spaces per 1,000 sq. ft. Substitution of Compact ft. of GFA of GFA Stalls for Standard Parking Stalls SECTION 7. Section 11.4.40.020.A of the Seal Beach Municipal Code is hereby amended by deleting subsections: SECTION 8. Section 11.4.40.030.A of the Seal Beach Municipal Code is hereby amended to read as follows: Multi -Unit Residential Property. A multi -unit residential structure may not add any habitable space. A multi -unit residential structure may add a Patio Enclosure, as defined in Section 11.6.05.010, provided that the open or glazed area of two or more walls shall be equal to at least 50 percent of the area between the floor plate and ceiling plate within the RHD -PD zone; and 65 percent of the area between the floor plate and ceiling plate within all other residential zones, and provided all other Development Standards for the Residential Zone in which the property is located can be met. A nonresidential structure that is nonconforming or contains a nonconforming use may not be structurally altered or expanded unless such alteration or expansion makes the structure conforming. SECTION 9. Section 11.5.15.005.13 of the Seal Beach Municipal Code is hereby amended to read as follows: Initiation. The City Council may initiate the legislative actions governed by this chapter. The Planning Commission City Manager or the Director may initiate Zoning Text Amendments subject to City Council concurrence A person who has a legal or equitable interest in real property may apply for legislative actions to facilitate development of that property. The applicant shall submit proof of legal or equitable interest and of the authority of any agent to act on behalf of the applicant. SECTION 10. Section 11.6.05.010.6 of the Seal Beach Municipal Code is hereby amended by adding the following: Bay Window: For the purpose of Section 11.2.05.015.1, a Bay Window is a window or series of windows forming a bay within a room and projecting outward from a wall. The outward projection of a Bay Window must return back into the wall from which it projects between the floor and ceiling Ordinance Number 1611 plates of the wall. The interior space within the bay window shall not be an extension of the interior finished floor and may only consist of a shelf, ledge, or other similar feature above the floor. SECTION 11. Section 11.6.05.010.E of the Seal Beach Municipal Code is hereby amended to read as follows: Landscaping: Landscaping shall consist of living plant material including, but not limited to, grass, turf, groundcover, flowers, vines, gardens, trees, shrubs, other similar plant materials and synthetic turf as approved by the Director of Development Services; decorative outdoor elements including pools, ponds, fountains, water features, decorated surfaces of rock, stone, brick, block, or similar material; and other design features commonly used in landscaping, but not including walkways, driveways, patios, and other similar features that use concrete or asphalt. Plants on rooftops, porches, or in boxes attached to buildings shall not be considered landscaping. SECTION 12. Section 11.6.05.010.P of the Seal Beach Municipal Code is hereby amended by adding the following: Patio Enclosure: A one -story structure not exceeding 225 square feet and 12 feet in height that may be located on a ground floor or above. Two or more walls of the structure must contain openings equal to at least 50% of the area between the floor plate and the ceiling plate within the RHD- PD zone, and 65% of the area between the floor plate and the ceiling plate within all other residential areas. Openings shall be permitted to be covered with (1) insect screening, (2) approved translucent or transparent plastic not more than 0.125 inch (3.2 mm) in thickness, (3) glass conforming to the provisions of Section R308 of the California Residential Code, provided the glass is single -pane only, or (4) any combination of the foregoing. Patio Enclosures must be attached to a dwelling unit and shall be used only for recreational, outdoor living purposes and not as a habitable room, as defined in the California Residential Code. A Patio Enclosure shall not be mechanically heated or cooled, nor shall it contain any plumbing or plumbing fixtures. SECTION 13. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 14. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 8th day of August , 2011. Mayor ATTEST: City Clerk Ordinance Number 1611 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 25th day of July , 2011 and was passed, approved and adopted by the City Council at a regular meeting held on the 8th day of August_ 2011 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members And do hereby further certify that Ordinance Number 1611 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk