HomeMy WebLinkAbout4 - ZTA 12-2 (Residential Rood Decks) - AdoptDATE: * November 7, 2012
TO: Honorable Chair and Members of the Planning Commission
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SUBJECT: ZONE TEXT AMENDMENT 12-2
SUMMARY OF REQUEST:
It is requested that the Planning Commission adopt Resolution No. 12-26
recommending to the City Council the approval of Zone Text Amendment 12-2
regarding residential roof decks.
BACKGROUND AND ANALYSIS:
On July 9, 2012, the City Council directed the Planning Commission to develop criteria
regulating placement of items on residential roof decks. The Commission considered
the matter at a duly noticed public meeting held on August 1, 2012, and at that time
directed staff to prepare a draft zone text amendment to address the matter.
On September 5, 2012, the Planning Commission held a duly noticed public hearing on
Zone Text Amendment 12-2 regarding residential roof decks. Consideration of the
amendment was continued to October 3, 2012 and again to October 17, 2012. On
October 17th the Commission closed the public hearing after hearing public testimony
and directed staff to revise the wording of the draft resolution so that it would reflect a
change in canopy size from 100 square feet to 150 square feet and so that it would
state the intent of the Commission in making its recommendation to the City Council.
Roof decks are currently permitted in all residential zones in the City, with the exception
of the RLD-15 (Bridgeport) zone. Maximum height for structures in the RLD-9, RLD-15
and RHD-20 zones is 25 feet. Maximum height for structures in the RHD-33 and RHD-
46 zones and Surfside is 35 feet.
The Municipal Code is currently silent regarding the height and placement of items on
roof decks,
Zone Text Amendment 12-2 would amend the Zoning Code by adding the highlighted
language below to Section 11.2.05.01153 of the Municipal Code:
"Roof Decks. Roof Decks are allowed in the residential districts pursuant
to Table 11.2.05.015: Development Standards for Residential Districts.
Detached canopies are permitted on roof decks provided that
canopies greater than 150 square feet in area are Permitted only if
they are collapsible, and maintained below the height limit when not
in use. In addition, all required roof deck railings in accordance with the
provisions of the California Building Code shall not exceed the height limit
provisions of Table 11.2.05.015. The provisions of Section 11.2.05.015.1:
Projections, are not applicable to roof decks."
Staff has determined that Zone Text Amendment 12-2 is Categorically Exempt from
review pursuant to the California Environmental Quality Act ("CEQA") pursuant to 14
Calif. Code of Regs. Section 15305 (Minor Alterations in Land Use Limitations),
because it consists of minor alterations in land use limitations in areas with an average
slope of less than 20% and does not result in any changes in land use or density; and
pursuant to Section 15061(b)(3), because it can be seen with certainly that there is no
possibility that the approval may have a significant effect on the environment.
RECOMMENDATION:
It is recommended that the Planning Commission adopt Resolution No. 12-26
recommending that the City Council adopt an ordinance approving Zone Text
Amendment 12-2.
Attachment:
Proposed Planning Commission Resolution No. 12-26
1 l
PLANNING COMMISSION RESOLUTION NO. 12-26
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. On July 9, 2012, the City Council directed the Planning Commission
to develop criteria regulating placement of items on residential roof decks. The
Planning Commission considered the matter at a duly noticed public meeting held on
August 1, 2012 and at that time directed City staff to prepare a draft zone text
amendment to address the matter.
Section 2. On September 5, 2012 and October 17, 2012, the Planning
Commission held duly noticed public hearings on Zone Text Amendment 12-2 regarding
residential roof decks. Based on the record of these hearings, the Planning
Commission hereby finds as follows:
A. All persons wishing to address the Planning Commission regarding Zone
Text Amendment 12-2 were permitted to do so.
B. Zone Text Amendment 12-2 is consistent with the City's General Plan. It
will neither conflict with any provision of the General Plan nor impede implementation of
any of its goals, objectives, or policies. In addition, Zone Text Amendment 12-2 is
consistent with Measure Z because it does not allow for permanent structures above the
25-foot height limit in the Old Town Area of Seal Beach. The Commission further finds
that due to existing residential development patterns in the City, that many people use
their roof decks for outdoor recreational areas and are in need of shade. Furthermore,
a standard portable canopy is typically 10' x 10' to 12' x 12' and would not create
excessive bulk or mass.
C. Zone Text Amendment 12-2 is Categorically Exempt from review pursuant
to the California Environmental Quality Act (CEQA) pursuant to 14 Calif. Code of Regs.
Section 15305 (Minor Alterations in Land Use Limitations), because it consists of minor
alterations in land use limitations in areas with an average slope of less than 20% and
does not result in any changes in land use or density; and, pursuant to Section
15061(b)(3), because it can be seen with certainty that there is no possibility that the
approval may have a significant effect on the environment.
D. Section 11.2.05.0153 of the Seal Beach Municipal Code should be
amended to read as follows:
"Roof Decks. Roof Decks are allowed in the residential districts pursuant
to Table 11.2.05.015: Development Standards for Residential Districts,
Detached canopies are permitted on roof decks provided that canopies
greater than 150 square feet in area are permitted only if they are
collapsible, and maintained below the height limit when not in use. In
addition, all required roof deck railings in accordance with the provisions of
the California Building Code shall not exceed the height limit provisions of
Table 11.2.05.015. The provisions of Section 11.2.05.015.1: Projections,
are not applicable to roof decks."
Furthermore, to clarify the purpose of Zone Text Amendment 12-2, Section
11.2.05.0153 should include a codified statement of intent to read as follows:
"The purpose of this requirement is to allow the placement of furniture,
umbrellas, and other items on roof decks while prohibiting the installation
or maintenance of large canopies that would unreasonably block light and
views."
Section 5. Based upon the foregoing, the Planning Commission hereby
recommends that the City Council approve Zone Text Amendment 12-2, substantially in
the form indicated in Section 2.D.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 7th day of November, 2012 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sandra Massa-Lavitt, Chairwoman
Greg Hastings
Interim Planning Commission Secretary