HomeMy WebLinkAboutCC AG PKT 2013-01-14 #I AGENDA STAFF REPORT
f.
DATE: January 14, 2013
TO: Honorable Mayor and Members of the City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: ZONE TEXT AMENDMENT 12-2, REGARDING
RESIDENTIAL ROOF DECKS
SUMMARY OF REQUEST:
After conducting a public hearing, introduce Ordinance No. 1625, "An Ordinance
of the City of Seal Beach Amending the Seal Beach Municipal Code to Regulate
Canopies on Residential Roof Decks."
BACKGROUND AND ANALYSIS:
Under the direction of the City Council, the Planning Commission and staff
conducted several meetings to develop guidelines for regulating the placement of
items on residential roof decks. After several public meetings, the Planning
Commission directed staff to prepare a text amendment that would further clarify
the recreational use of roof decks in residential districts by reaffirming the
continued placement of outdoor furniture on decks such as umbrellas but restrict
larger sized furniture items such as canopies by size.
Canopies are commonly used to provide shade covering over outdoor areas and
can be customized or purchased at standard sizes. Through staff's research, the
preferred canopy size is less than 150 square feet.
The proposed new language for Section 11.2.05.015 is highlighted below:
"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."
Agenda Item
The Planning Commission previously reviewed this language and recommended
that the City Council adopt the amendment. A copy of the Planning Commission
Resolution 12-26 is included as an attachment to this report. The Planning
Commission also recommended that Zone Text Amendment 12-2 include the
following codified statement of intent:
"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 or views or increase the visual mass of the
residential structure."
City ordinances typically do not contain statements of intent because the
adoption of an ordinance is a legislative act that does not require findings except
in rare instances. The City Attorney has drafted the proposed ordinance to
include such language in the recitals but not in the portion of the draft ordinance
that is proposed to be codified.
ENVIRONMENTAL IMPACT:
Zone Text Amendment 12-2 is Categorically Exempt from review pursuant to the
California Environmental Quality Act (CEQA) pursuant to 14 California Code of
Regulations, 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 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.
LEGAL ANALYSIS:
The City Attorney has reviewed the ordinance and approved as to form.
FINANCIAL IMPACT:
Adoption of this ordinance is revenue-neutral.
RECOMMENDATION:
After conducting a public hearing, introduce Ordinance No. 1625, "An Ordinance
of the City of Seal Beach Amending the Seal Beach Municipal Code to Regulate
Canopies on Residential Roof Decks."
Page 2
S j MITTE BY. NOTED AND APPROVED:
J Basharn, Director of llngrarn—, Cit(!:�ger
If—munity Development
Attachments:
A. Ordinance No. 1625
B. Planning Commission Resolution 12-26
Page 3
ORDINANCE NUMBER 1625
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
THE SEAL BEACH MUNICIPAL CODE TO REGULATE
CANOPIES ON RESIDENTIAL ROOF DECKS
RECITALS
A. On November 7, 2012, the City of Seal Beach Planning
Commission adopted a resolution recommending that the City Council approve
Zone Text Amendment 12-2, which would amend the Seal Beach Municipal
Code to regulate the placement of canopies on residential roof decks.
B. The Commission requested that the following statement be
included in this ordinance: "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 or views or increase the visual mass of the residential structure."
C. On January 14, 2013, the City Council held a duly noticed public
hearing regarding Zone Text Amendment 12-2.
D. The City Council finds that Zoning 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.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH
DOES ORDAIN AS FOLLOWS:
Section 1. Section 11.2.05.0153 of the Seal Beach Municipal Code is
hereby 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."
Section 2. 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 Seal Beach City Council at a
regular meeting held on the day of ' 2013.
Mayor
Ordinance Number 1G25
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
STATE OFCALIFORNIA }
COUNTY OF ORANGE )SS
CITY OF SEAL BEACH }
|. Linda Devine, City Clerk of the City of Sea) Baach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the_ 141h_day of_January.. 2O13 and was pomoad, approved and adopted by
the City Council ota regular meeting held on the —day uf_____. 2013 by
the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
A8Sl7\|0: Council Members:
And dohereby further certify that Ordinance Number 1625has been published
pursuant Vo the Seal Beach City Charter and Resolution Number 2O3O.
City Clerk
2
PLANNING COMMISSION RESOLUTION NO. 12-26
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE TEXT AMENDMENT
12-2 REGARDING RESIDENTIAL ROOF DECKS
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 11.2.05.0157 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
11.2.05.015.7 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 or
views, or increase the visual mass of the residential structure."
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: Nmm)A,,%s, 1�ver5o(x 6o%.16r-eA,
J
NOES: Mo h e-
ABSTAIN: Let) e,
ABSENT: e,
-h 4q�—
Sandra Massa-Lavitt, Chairwoman
reg Hastings
Interim Planning CommUion Secretary