Loading...
HomeMy WebLinkAboutItem Nr February 26, 2001 , STAFF REPORT To: Mayor and Members of the City Council Attention: John Bahorski, City Manager From: Mac Cummins, Assistant Planner Department of Development Services Subject: ZONE TEXT AMENDMENT 01 -1 Amend the Zoning Ordinance to reduce the setback in the Residential Low Density Zone, Planning District V, on the 2nd floor for those properties with existing 2nd floor decks, allowing residents with existing 2' floor decks which extend into the setback area to be able to enclose those decks and create habitable living space. RECOMIVICNDATION The Planning Commission recommends the City Council approve Zone Text Amendment 01 -1. Should the City Council determine to approve Zone Text Amendment 01 -1 as recommended, staff has prepared the appropriate ordinance for introduction by the City Council. REQUEST To consider an amendment to reduce the 2vtl floor setback for those properties with existing 2n° floor decks within the Residential Low Density Zone, Planning District V, of the City. Currently this zoning district has a second floor front yard setback of 18 feet for front entry garages. This amendment would allow those properties with 20° floor decks which overhang the garage to enclose the deck area and create habitable living space. At present, the zoning code does not allow encroachment into this area at all. However, some of the original homes built in College Park East contain the aforementioned deck which does protrude into the setback area. BACKGROUND AGENDA ITEM City Council staff Report Zoning TertAmendment 01 -1 Front Yard setback in RLD Zone February 26, 2001 In late 2000, Brian and Rachell Farrell, owners of the property at 3671 Fuschia St. in College Park East, came to the City with a request to enclose the deck area off the master bedroom of their home. Upon staff review, it was determined that the deck intruded upon the front setback area and City Code did not allow that type of expansion. The Farrell's then furnished a list of properties in their neighborhood which had done substantially similar work in the past. Staff conducted a field review and found that there were in fact several cases where it appeared that the decks were enclosed to create additional living space. Of the addresses that staff recognized as having a similar situation, the vast majority of homes had been permitted to perform the improvements. These permits were mostly issued in the late 70's or early 80's. Staff is unsure why these permits were issued as the work performed clearly is in violation of the front yard setback area, however would like to note that the City has issued permits for this type of work in the past. DISCUSSION This text amendment is proposed to allow those property owners in Planning District V with existing decks extending off the front of the house over the garage to be allowed to enclose that space into habitable living area Currently, the setback provisions do not allow for such inclusion. However, as staff mentioned, several other properties were permitted to do so in the past; mostly in the 1970's and early 1980's (Permits attached as an attachment within Planning Commission Staff Report). By allowing these existing decks to be enclosed, the Council is essentially changing the front yard setbacks for the second floor for those properties which have the pre - existing condition of the front yard deck. Staff feels that this is an appropriate request, as several other properties have been permitted to do substantially similar work in the past. Additionally, this zone text amendment will not change the front fagade of the neighborhood substantially in any way, as it is being proposed for ONLY those properties with a pre- existing deck. Staff estimates that there are approximately 85 homes which would meet this criteria in College Park East. to discussing this matter, staff has limited the number of options considered to two. Specifically, these are: 1) Reduce the front yard setback on the second floor in the RLD zone, District V to allow the inclusion of existing deck space, otherwise 18 feet; and (2) do nothing, thereby retaining the straight 18 foot setback. Each of these alternatives is discussed below. Reduce the front yard, secondfloor setback in the RLD, District V zone This alternative would allow property owners with existing second floor decks which extend into the front yard setback to be able to enclose those decks for habitable living space. This CC Staff Report ZTA 01 -1 Front Yard Setbacks RLD 2 . City Council Staff Report Zoning Text Amendment 01 -1 Front Yard Setback in RLD Zone February 26, 2001 option would not allow residents to intrude into the setback on the second floor unless they had the pre - existing condition of having a deck; and then only to enclose the existing deck. No Change This alternative would leave the front yard setback at 18 feet, regardless of pre - existing conditions. It would essentially leave the deck considered as legal, non - conforming and force residents who wish to enclose that area to apply for a variance FISCAL IMPACT Minor. Allocation of staff resources to prepare appropriate Zone Text Amendment application, and processing of application for public hearings before Planning Commission and City Council. 6't M Cummins, ASsistan Planner Department of Development Services Attachments: (5) Attachment l: Proposed Ordinance Proposed Ordinance No. An Ordinance Of The City Of Seal Beach Amending Chapter 28 (Zoning) Of The Code Of The City Of Seal Beach Regarding front yard setbacks for properties in the Residential Low Density (RLD) zone in the planning district V area which have existing 2nd floor decks (Zone Text Amendment 01 -1) Attachment2: Planning Commission Resolution 01 -1, A Resolution Of The Planning Commission Of The City Of Seal Beach Recommending To The City Council Approval Of Zoning Text Amendment 01 -1, Amending the front yard setback area in the RLD zone for existing 2" floor decks which protrude into the front yard setback area. Attachment 3: Planning Commission Minutes, January 17, 2001 & February 7, 2001 Attachment 4: Planning Commission Staff Report, January 17, 2001 CC Staff Report ZTA 0 1 -1 Front Yard Setbacks RLD 3 Attachment 5: Existing Code Sections CC Staff Report ZTA 01 -1 Front Yard Setbacks RLD 4 City Council Staff Report Zoning TextAmendment 01 -1 Front Yard Setback in RLD Zone February 16, 1001 City Council Staff Report Zoning Text Amendment 01 -1 Front Yard Setback in RLD Zone Februory26, 2001 ATTACHMENT 1 PROPOSED ORDINANCE NO. , AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING) OF THE CODE OF THE CITY OF SEAL BEACH REGARDING FRONT YARD SETBACKS FOR PROPERTIES IN THE RESIDENTIAL LOW DENSITY (RLD) ZONE IN THE PLANNING DISTRICT V AREA WHICH HAVE EXISTING 211D FLOOR DECKS (ZONE TEXT AMENDMENT 01 -1) CC Staff Report ZTA 01-1 Front Yard Setbacks RLD 5 City Council Staff Report Zoning Text Amendment 01 -1 Front Yard Setback in RLD Zane February 26, 2001 ATTACHMENT 2 PLANNING COMMISSION RESOLUTION 01 -1, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 01 -1, AMENDING THE FRONT YARD SETBACK AREA IN THE RLD ZONE FOR EXISTING 2ND FLOOR DECKS WHICH PROTRUDE INTO THE FRONT YARD SETBACK AREA. CC Staff Report ZTA 0 I -1 Front Yard Setbacks RLD 10 City Council Staff Report Zoning Text Amendment 01 -1 Front Yard Setback in RLD Zone February 26, 2001 RESOLUTION NUMBER 01 -1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 01 -1, AMENDING SECTION 28 -401TO REDUCE THE FRONT YARD SETBACK ON PROPERTIES IN THE RLD, DISCTRICT V ZONE WHICH HAVE PRE - EXISTING DECKS WHICH EXTEND INTO THE FRONT YARD SETBACK AREA SO THAT THOSE PROPERTIES WILL BE ALLOWED TO ENCLOSE THE DECK AND CREATE HABITABLE LIVING SPACE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. At its meetings of January 17 & February 7, 2001, 2001, the Planning Commission considered Zoning Text Amendment 01 -1. This amendment would reduce the required front yard setback on the second floor on those properties in the RLD, District V zone with pre- existing second floor decks. Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and § ILB of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zoning Text Amendment 01 -1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in land use limitations in average slope of less than 20% and does not result in any changes in land use or density; and, pursuant to § 15061(6)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held by the Planning Commission on January 17, 2001 & February 7, 2001 to consider Zone Text Amendment 01 -1. Section 4. The record of the hearings of January 17, 2001 & February 7, 2001 indicates the following: (a) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. CC Staff Report ZTA 01 -1 Front Yard Setbacks RLD 11 City Council Staf%Report Zoning TectAmendment 01 -1 Front Yard Setback in RLD Zone February26, 2001 (c) The proposed text amendment will require that the second floor front yard setback be reduced to allow the enclosure of an existing deck, when the deck encroaches into the front yard setback area. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28 -2600 of the City's Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 01 -1 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed use is consistent with the General Plan. The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. Section 6. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 01 -1 to the City Council subject to the following: 1. Article 4. Subsection (2) of Section 28401 of Chapter 28 of The Code of the City of Seal Beach is hereby amended to read: "(b) Yard Dimensions (Minimums) Front Yard Abutting Sheet — District I ................... .............................18 ft." District II ................. .............................18 ft, front entry Garage, 10 ft. side entry garage District V ................. .............................18 ft, front entry Garage, 10 ft. side entry garage (1) Except where 2nO floor decks existing as of January 1, 2001 extend into the front yard setback area. In such situations, the second floor setback shall be the edge of the existing deck. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7'° day of February, 2001, by the following vote: AYES: Commissioners Chairman Hood, Brown, Cutuli, Sharp, Lyon CC Staff Report ZTA 01 -1 Front Yard Setbacks RLD 12 City Councit SmfReport Zoning Text Amendment 01 -1 Front Yard Setback in RLD Zone February 26, 2001 NOES: Commissioners ABSENT: Commissioners David Hood, Ph.D., Chairman Planning Commission Lee Wltittenberg, Secretary Planning Commission CC Staff Report ZTA 0 1 -1 Front Yard Setbacks RLD 13 City Council Staff Report Zoning Text Amendment 01 -1 Front Yard Setback in RLD Zone February 26, 2001 ATTACHMENT 3 PLANNING COMMISSION MINUTES JANUARY 17, 2001 & FEBRUARY 7, 2001 CC Staff Report ZTA 0 1 -1 Front Yazd Setbacks RLD 14 City or Seal Beach Planning Commission Meeting Minutes of January 17, 2001 PUBLIC HEARINGS 3. Zone Text Amendment 01 -1 Applicant/Owner: City of Seal Beach Request: To consider an amendment to the Code of the City of Seal Beach to reduce the required front yard setback for those properties with existing 2nd floor decks in the District V Residential Low Density (RLD) Housing Zone. The request is to reduce the front setback for the 2nd floor to allow residents with existing 2nd floor decks that extend into the setback area to enclose those decks to create habitable living space. The front setback requirement is currently 18 feet (for both 181 and 2nd floors) for a front entry garage. Recommendation: Approval to City Council. Staff Reoort Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He stated that Mr. & Mrs. Farrell, property owners at 3671 Fuschia Street in College Park East, had approached Staff requesting the ability to enclose a 2nd story deck that protrudes over the garage at the front of their house. He said that when Staff did an initial inspection of the request, they noted that the garage was located at the required 18 -foot setback for a front -entry garage. He stated that at that time Staff informed the Farrells that a Variance would be required in order to enclose this space. The Farrells then informed Staff that several other homes in their neighborhood had very similar situations and had been allowed to build without a Variance. Mr. Cummins noted that when Staff researched past permit records, they found that the City had issued a number of permits during the late 70s and early 80s to do substantially the same thing. He said that Staff then recommended that the Farrells make application for a Zone Text Amendment (ZTA). He stated that ZTA 01 -1 will allow property owners with existing 2nd floor decks that protrude over the garage to enclose the deck to create habitable living space. He noted that several homes with this model type had been constructed in this neighborhood and the decks protrude over the garage anywhere froml to 5 feet, depending upon the model type. Mr. Cummins stated that Staff had provided the following alternatives: 41 • To decrease the required front yard setback within the Residential Low Density 42 (RLD) District V Zone for those properties with pre- existing decks which 43 currently protrude into the required setback area. 44 45 • No change. Leave the current front yard setback at 18 feet and keep all of the 46 pre- existing conditions in "legal, non - conforming" status. I%SCULLYICAeMEN1PC Minutes 12001101 -17M PC MInutea.doc 3 City of Seal Beach Planning Commission Meeting Minutes of January 17, 2001 He stated that Staff recommends that the Planning Commission adopt a resolution recommending approval of ZTA 01 -1 to the City Council. Commissioner Questions Commissioner Cutuli asked if there were a maximum allowance for "overhang" over the garage. Mr. Cummins presented photographs of the Farrell's residence and noted the protruding deck. He also presented photographs of other properties within the College Park East neighborhood with similar structures. Commissioner Cutuli noted that there would probably be future requests of the same kind and if this were to be made a retroactive ZTA allowing only the existing enclosed decks, other residents would most likely complain that they were not being allowed the same privilege. Mr. Cummins stated that the existing enclosed decks are legal non- conforming, and the current reading of the Code reflects that this is not permitted by right, and either a Variance would need to be granted or a Zone Text Amendment (ZTA) would have to be approved. Commissioner Cutuli asked if there were a limit to the size of the enclosed decks. Mr. Cummins stated that as the ZTA is written now, it would apply to any pre- existing decks prior to January 1, 2001, regardless of the size of the deck. Mr. Whittenberg interjected that the intent was to prevent someone from applying to extend their existing deck further out than it already is, and then apply to enclose the deck and receive two advantages. He said that the intent was to state that an existing deck could be enclosed to create habitable space, but the deck cannot be moved further out toward the street than it already is. Commissioner Sharp questioned whether this were a very limited area. Mr. Cummins stated that this included the Residential Low Density (RLD) Zone, which includes College Park East and 'The Hill" area. He stated that he was not aware of any homes on The Hill that have the same situation. Commissioner Sharp asked if all of the homes in College Park East are built in this style. Mr. Cummins responded that only one model type within this track has this style. Commissioner Brown asked for the total number of homes with this design. Mr. Cummins responded that he did not have an exact number, but that from his observation it appeared that there could be "a handful," but that this was enough to create a series of variance applications if the residents decided they wanted to do this. Commissioner Brown noted that there were at least 2,000 homes in College Park East. Mr. Whittenberg stated that as he recalled, there are 5 different models in this tract of homes, and noted that there were approximately 1,300 homes altogether. Commissioner Brown stated that this meant that approximately 260 homes could have this deck style. Mr. Whittenberg stated that many of the homes with this deck design are back far enough within the setback requirement, so to assume that 1 in every 5 homes could have this situation would not be entirely accurate. He stated that Staff believes that since the City had previously issued permits for the enclosure of these balconies, there must not have been a problem in doing so in this area of town. He said that to his knowledge there had never been any complaints regarding issuing permits to allow this. Commissioner Sharp stated that he could not see how enclosing these decks could create serious access problems for emergency vehicles. He said that since the 0.4CULLY%CANMEN%PC MInutest2001a1.17 -01 PC MInutes.4oe 4 City of Seal Beach Planning Commission Meeting Minutes of January 17, 2001 decking and the height and the setback were already out there, he could not see any reason to deny this request. Mr. Whittenberg stated that it was a question of whether or not the Planning Commission wants these balconies to remain as they are or whether it would be appropriate to allow the owners of this particular model of home the option of enclosing that area to create habitable living space. Commissioner Sharp said that he felt that it made sense to allow residents needing more living space to be able to convert these decks as opposed to having to move to another home. Commissioner Brown asked if all the decks were built with the same setback. Mr. Whittenberg responded that in reviewing the records, the decks were built as part of the initial house when the homes were approved as part of the development of College Park East. Commissioner Brown asked if the setback is 18 feet, how were the decks built to encroach into that setback. Mr. Whittenberg stated that Staff could not answer this question. He said that the homes were built in the late 1950s to early 1960s and he said it was possible that the setback standards may have changed since that time. He said that there had been a number of issues in College Park East over the years that have resulted in amendments to City Code to allow things that were initially built in College Park East to remain. He noted a change made by the City to allow the amount of lot coverage in this neighborhood to be greater as some of the homes had a covered patio off the back of the homes that was allowed to be included in the lot coverage requirement. Commissioner Sharp asked whether it would it be appropriate to continue this item to the next meeting when Chairperson Hood would be in attendance, since these homes are within his district. Mr. Whittenberg said the issue had come up because a particular homeowner in College Park East had come to the City to apply for a permit to enclose the deck on their home, in accordance with what they had seen as being allowed in the past by right by the City. He said when Staff first reviewed this request a recommendation was made that the applicant request a Variance. When the applicant brought in photographs of other homes with enclosed 2nd story decks, Staff conducted a review of building permits issued for these structures and found there were no Variances on any of them. Staff could only assume that the City knew what it was doing when it had issued these permits. He said that Staff feels that enclosing these decks does not create a major change in the homes. Mr. Whittenberg stated that the Planning Commission could elect to continue this item if the Commissioners felt it preferable to have Chairperson Hood present. Public Hearino Vice - Chairperson Cutuli opened the public hearing. Mrs. Rachel Farrell stated that all she and her husband want to do is to enclose the 2ntl story balcony to create habitable space. She said that her neighbors are totally in support of this request. She noted that they have been attempting to gain approval of this request since November 2000. She urged the approval of her request tonight as she said she had already had to wait through 2 cancelled 9RCULLnCARMEN%PC Minutee@ee1W1 -174n PC Minutes.eoe 5 City of Seal Beach Planning Commission Meeting Minutes of January 17, 2001 Planning Commission meetings. She stated that rather than move to a new neighborhood, they simply wanted to enlarge their living area. Vice - Chairperson Cutuli closed the public hearing. Commissioner Comments Commissioner Lyon said that he thought this was a good idea as it would not only increase the living space but would increase the value of the home. Commissioner Sharp asked the Director of Development Services what the action of the Planning Commission on this request should be. Mr. Whittenberg stated that the action of the Planning Commission would be to recommend approval of this ZTA to City Council who would then schedule a public hearing. Commissioner Brown stated that although he understood the applicant wanting to enclose the deck space, and he believed this was more a question of aesthetics and open space and whether this would be a good thing for the entire look and feel of College Park East. He said that when he had visited College Park East he had noted that the homes are crowded on the street. He believes this is because the setbacks are so close in this neighborhood. He said that by enclosing decks, this increases the crowding. He said if 200 more homeowners were to decide to do the same thing, this would create "a stucco jungle." He said that he felt it would be unfair to vote on this item without Chairperson Hood being present, as he would have a better feel for the residents of his district. He asked the Director of Development Services what the setbacks were in the rest of the City. Mr. Whittenberg reported that for College Park East, College Park West, and The Hill the setback is 18 feet. He said that in Old Town because there are no driveways coming in off the street, the average setback is 12 feet with a 6400t minimum. He stated that 18 feet is the standard setback for a front drive -in entry garage and can be 10 feet for a side -entry garage. Commissioner Brown stated that as he drives through Old Town and College Park East he notes that there is a definite feel to each area. He said that if a group of residents from College Park East came before the Planning Commission to state that they were in favor of this Zone Text Amendment, it would be fine with him. He re- stated that he would still prefer to hear from Chairperson Hood first. MOTION by Brown; SECOND by Lyon to continue this item to the scheduled meeting of February 7, 2001. MOTION CARRIED: 4-0-1 AYES: Brown, Cutuli, Lyon, and Sharp NOES: None ABSENT: Hood \k SCULLYICARMEN\PCMlnutes12001 \01 -1701 PC Mlnutes.doc 6 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of February 7, 2001 Chairperson Hood called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, February 7, 2001. The meeting was held in the City Council Chambers and began with the Salute to the Flag.' ROLL CALL Present: Chairperson Hood Commissioners Brown, Cutuli, Lyon, and Sharp Also Present: Department of Development Services Lee Whittenberg, Director Terence Boga, Assistant City Attorney Mac Cummins, Assistant Planner Absent: None. AGENDA APPROVAL MOTION by Cutuli; SECOND by Sharp to approve the Agenda as presented. MOTION CARRIED: 5-0 AYES: Brown, Cutuli, Hood, Lyon, and Sharp NOES: None ABSENT: None ORAL COMMUNICATIONS Chairperson Hood opened oral communications. None. Chairperson Hood closed oral communications. ' These Minutes were transcribed from audiotape of the meeting. USCULLMARMENTC Minvtes12 0 0110 2 -0 7 41 PC Minutes.doc 1 CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of January 17, 2001. MOTION by Sharp; SECOND by Cutuli to approve the Consent Calendar as presented. Chairperson Hood noted that he would abstain from voting on this item, as he was not present for the meeting of January 17, 2001. MOTION CARRIED: 4-0-1 AYES: Brown, Cutuli, Lyon, and Sharp NOES: None ABSENT: None ABSTAIN: Hood SCHEDULED MATTERS None. PUBLIC HEARINGS 2. Zone Text Amendment 01 -1 (Continued from January 17, 2001) ApplicanUOwner: City of Seal Beach Request: To consider an amendment to the Code of the City of Seal Beach to reduce the required front yard setback for those properties with existing 2nd floor decks in the District V Residential Low Density (RLD) Housing Zone. The request is to reduce the front setback for the 2nd floor to allow residents with existing 2nd floor decks that extend into the setback area to enclose those decks to create habitable living space. The front setback requirement is currently 18 feet (for both 1st and 2nd floors) for a front entry garage. Recommendation: Approval to City Council. Staff Report Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and stated that the 2n° story decks were built onto the original homes as encroaching structures. He stated that at some point in the past the City had issued permits to have these decks enclosed. He said that Staff is requesting that the Commission 115CUU-nCARMEMPC Minutes12 0 0110 2 -07 -01 PC Minutes.doc 2 City of Seat Beach Planning commission Meeting Minutes of February 7, 2001 1 make recommendation to the City Council to modify the City Code to allow the 2 properties with existing 2nd story decks to enclose these decks to create habitable 3 living space. Mr. Cummins noted that at the last meeting the Planning Commission 4 had requested that Staff ascertain the number of properties that would be affected 5 by this change. He reported that there are approximately 1,650 single - family homes 6 in College Park East (CPE) and approximately 5% of these properties would be 7 affected by this Zone Text Amendment (ZTA). He stated that Staff completed a 8 driving tour through CPE and counted approximately 85 homes with a similar 9 situation as the request being made by Mr. & Mrs. Farrell. 10 11 Commissioner Questions 12 13 None. 14 15 Public Hearing 16 17 Chairperson Hood opened the public hearing. He noted that he had viewed the 18 videotape of the meeting of January 17, 2001. 19 20 Mrs. Rachel Farrell stated that this was something they would really like to do so that 21 they can utilize this unused space. She said that her neighbors are in support of the 22 Farrells enclosing their 2 n story deck. She stated that she would be happy to 23 respond to any questions from the Commission. 24 25 Chairperson Hood closed the public hearing. 26 27 Commissioner Comments 28 29 Chairperson Hood stated that in accordance with Commissioner Brown's 30 recommendation, he had spoken to several residents of CPE to ask them how they 31 felt about the enclosed decks. He said that all of them stated that they preferred to 32 see the 2nd story decks enclosed as they found the original design of the decks 33 unattractive and liked to see a bay window or other architectural feature in place of 34 the decks. He stated that he was not surprised when he received no negative 35 comments regarding enclosing the decks. 36 37 MOTION by Sharp; SECOND by Brown to approve Zone Text Amendment (ZTA) 38 01 -1 and adopt Resolution 01 -1 recommending approval to City Council. 39 40 MOTION CARRIED: 5-0 41 AYES: Brown, Cutuli, Hood, Lyon, and Sharp 42 NOES: None 43 ABSENT: None 44 \=ULLPICARMEMPC MinNes12001W0 07 -01 PC Minutes.doc 3 City Council Staf%Report Zoning Text Amendment 01 -1 Front Yard Setback in RLD Zone February 26, 1001 ATTACHMENT 4 PLANNING COMMISSION STAFF REPORT JANUARY 17, 2001 CC Staff Report ZTA 0 1- 1 Front Yard Setbacks RLD 15 January 17, 2001 STAFF REPORT To: Honorable Chairman and Planning Commission From: Department of Development Services Subject: ZONING TEXT AMENDMENT 01.1 Front Yard Setbacks in RLD Zone, District V REQUEST To consider an amendment to the Code of the City of Seal Beach to reduce the required front yard setback for those properties with existing 2nd floor decks in the district V residential low density housing zone on the second floor of the house. The request is to reduce the setback for the 2" floor for those properties with existing 2nd floor decks, allowing residents with existing 2"" floor decks which extend into the front setback area to be able to enclose those decks and create habitable living space. The front setback requirement is currently 18 feet (both 1' & 2 "" floor) for a front entry garage. BACKGROUND Staff was approached by Mr. & Mrs. Farrell, the owners of the property at 3671 Fuschia St. in College Park Bast. Mr. & Mrs. Farrell requested the ability to enclose the deck which overhangs their garage in the front of their house, to create additional living space. The deck protrudes off the bedroom. Staff researched the application and determined that the deck protruded into the front setback area, as the garage itself sits at approximately 18 feet back from the property line, which is the current front yard setback. Staff then informed the Farrell's that this request would require a variance, and that staff would be forced to recommend against the action; as no clear distinct feature to their property could be seen as a necessity to grant the variance. At this point, the Farrel's informed staff that several of their neighbors had similar, if not identical situations, which were already built. Staff inspected those properties and found that the Farrell's were in fact correct, and most of the homes who have had this type of work performed had the appropriate building permits. Staff is unsure of how this occurred in the past However, it is staff s intention now to seek to change the code so that the properties who have existing front yard, second floor decks can enclose those decks to become living space within the house. DLSCUSSION This text amendment is proposed to allow those property owners Staff Repe., -Zoning Te&Awndm W 01-1 January 17, 2001 with existing decks extending off the front of the house over the garage to be allowed to enclose that space into habitable living area. Currently, the setback provisions do not allow for such inclusion. However, as staff mentioned, several other properties were permitted to do so in the past; mostly in the 1970's and early 1980's (Permits attached as an attachment). By allowing these existing decks to be enclosed, the Commission is essentially changing the front yard setbacks for the second floor for those properties which have the pre- existing condition of the front yard deck. Staff feels that this is an appropriate request, as several other properties have been permitted to do substantially similar work in the past. Additionally, this zone text amendment will not change the front fnade substantially in any way, as it is being proposed for ONLY those properties with a pre- existing deck. In discussing this matter, staff has limited the number of options considered to two. Specifically, these are: 1) Reduce the front yard setback on the second floor in the RLD zone, District V to allow the inclusion of existing deck space, otherwise 18 feet; and (2) do nothing, thereby retaining the straight 18 foot setback. Each of these alternatives is discussed below. Reduce the front yard, second floor setback in the RLD, District V zone This alternative would allow property owners with existing second floor decks which extend into the front yard setback to be able to enclose those decks for habitable living space. This option would not allow residents to intrude into the setback on the second floor unless they had the pre- existing condition of having a deck; and then only to enclose the existing deck. No Change This alternative would leave the front yard setback at 18 feet, regardless of pre- existing conditions. It would essentially leave the deck considered as legal, non - conforming and force residents who wish to enclose that area to apply for a variance. FISCAL IMPACT Minor. Allocation of staff resources to prepare appropriate Zone Text Amendment application, and processing of application for public hearings before Planning Commission and City Council. RECONIlI3ENDATION Staff recommends the Commission, after receiving both written and oral testimony presented during the public hearing, adopt a resolution recommending approval of the zone text amendment to be forwarded to the City Council. Page 2 Staff Repu,r -Zoning Teal Amendment 01 -1 January 17, 2001 Staff has provided the Commission with two potential options in considering this proposal: Recommend a decrease in the required front yard setback in the RLD, district V zone for those properties with pre - existing decks which currently protrude into the required setback area. No change — leave the current front yard setback at 18 feet, and keep all of these pre- existing conditions in "legal, non - conforming" status. FOR: January 17, 2001 �� an.- Mac Cummins Assistant Planner Department of Development Services Attachments (3): Whittenberg Director Department of Development Services 1. Permits for enclosures of decks in College Park Fast 2. Proposed Resolution 01- 3. Pictures of existing Properties with additions completed Page 3 Attachment 1 CITY OF SEAL BEACH BUILDING #e3je�p& r BUILDING DEPARTMENT PHONE 431 -2527 PERMIT - APPLICATION o � AD l c4✓I.t- LCC. %� � s cffv M w.—AA STATE 5141CAR WALL 31 LAI DESCRIPTION OF WORK •e. .... .. ..T... ••r +• J]��iL•iC 1. �f< �G3Yi a ah�r� -- 1-1 VALUATION s 28 S7s a 1 prlifY IM1 in doing tM work . o a pci 1 will nw •mdoY any puan in violation of tM L•EOf CM• a1 1M SUp of 6lilomu f ,, $ nd n Ww4mxi r In•unnp. I hnlw iM•mnllY _ ho city .1utbn •M MW Mrmlm tM city of Spl 8••dl •ylnrt IiWiliYwt, lIn m•nh •M e.Mnb r•wltin, from iuu•rlp of lal• prmit. ,. n c. o` T.a r v. sr TT nu ..m.. —.. .. A 3 rorAL S Tnb is • Wibine P.rmit wMn wop•rM fNea out, slynee and rmlaena. Parma void a won ml mmmericea wD.. 1 gp can d dale d issuenp or is ae.naon.a mer tw aevs f.om mle of nsl inseecoon CITY OF SEAL BEACH I 0 " EUILOING Ot►ARTYENT BUILDING ►NONE 431QS27 PERMIT - APPLICATION �YOw�u > w bn4M �fMr 170 E E wf ipA iN Om q CtiOn. M NS OI lati CITY OF SEAL BEACH BUILDING DEPARTMENT PHONE 431.2527 BUILDING PERMIT - APPLICATiO _zEars�RQ.y R -3 V_t4 9 3 ^' —._ /_3 2_9'1 —Y�&k k .hJ 3__ A. STAT. I { - - DESCRIPTION OF WORK ' "•u`-•'o" ... I1-I5-77 l ,4 is .• , <. J?- TD c�Nr /.r trc r/3.4n(Y. Y1hP .+ ...,•.• j�' � _ 4"A!('LOSr T S[/N JbY X� _- /r2-%rL�{1rrNc'... 6' X 2'L o /fA CaaaAb VALUATION , .. s X2.00; a 253 20 . 1 cart Iv tnn in tloinq tM work ipwillM bran, 1 will t loy $ any portion in violation of the Labor Cotlo al the Slate oI Or brnia _. _. - '- nlatlnStpWorkmenSCityofSeal Imitha against tnn ire,judy - - - -- hu Mar Mrm an w City of Seal eeacn suce of this a. iaao- mmw arid aapmrn resulting from the issuance of this Prrmit. $ ` "� 1f -1374 ,,. °.•/2231 k,67^04 /VL? �. BEEN 12,oc TOTAL iZ iL'Sti VALIDATION: and This t . Permit a permit when properly commenced! out, 20 da , of valid- f is uance r is if work not cter 120 a within 120 tlays last V inspof isrparca or, is abandoned after 120 days from date of last inspection. F7,-. CITY OF SEAL BEACH BUILDING BUILDING DEPARTMENT PHONE 431 2527 PERMIT - APPLICATION s be.. z0�.34bF✓—c � 3601 PS;tMROS� _- �' 3L01'PZiMROgF .... •�.• SGALi3EAcA __ .•.. DAN �ld'�VLGAN ....... 594 99° -"PI- _..._.. T.,..... ... ..,,. I OFiCRI4:IC.Y OF IYCRK nu ' °e °ov „e ..,...In.. SAL.CON4 eNilknSURE .near e.v _. l _.'NS /CCT.'oNS Bdc. S;�, ✓.-q T • k 1 J -i <- VALUATION Is �7 $ � r. land doing dir work spinildpg p I woll AW roY 5........_.__..�� .n, Pnw I V f a L.L CoE 1 I. 10.1 n ...ut pl ..,n ..,nown, Cu di I d II M .rl IY .na n g r—,rjwd 1. C V I skid S n ggind, g.wh t Ep ...nd jing ..` a of m • a.m .. $ (t 1314 ....... TOTAL VALIDATION: a 4ulNinp wnmil nMn pope ” I'lik" .." r.,.. or. rAMMrE Per will it— n[M— dn-1Mo :of Jm of yrt,a _. in iI eeaoWned ane. 1W dol. nom or,. of m9m w,,ona Attachment 2 I: .. •. YM •��l lu: :t A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 01 -1, AMENDING SECTION 28 -401TO REDUCE THE FRONT YARD SETBACK ON PROPERTIES IN THE RLD, DISCTRICT V ZONE WHICH HAVE PRE - EXISTING DECKS WHICH EXTEND INTO THE FRONT YARD SETBACK AREA SO THAT THOSE PROPERTIES WILL BE ALLOWED TO ENCLOSE THE DECK AND CREATE HABITABLE LIVING SPACE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. At its meeting of January 17, 2001, the Planning Commission considered Zoning Text Amendment 01 -1. This amendment would reduce the required front yard setback on the second floor on those properties in the RLD, District V zone with pre- existing second floor decks. Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and § ME of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zoning Text Amendment 01 -1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in land use limitations in average slope of less than 20% and does not result in any changes in land use or density; and, pursuant to § 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. Section 3. A duly noticed public hearing was held by the Planning Commission on January 17, 2001 to consider Zone Text Amendment 01 -1. Section 4. The record of the hearing of January 17, 2001 indicates the following (a) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. (c) The proposed text amendment will require that the second floor front yard setback be reduced to allow the enclosure of an existing deck, when the deck encroaches into the front yard setback area. Planning Commission Resolution No. 01- January 17, 2001 Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28 -2600 of the City's Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 01 -1 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed use is consistent with the General Plan. The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. Section 6. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 01 -1 to the City Council subject to the following: 1. Article 4. Subsection (2) of Section 28 -401 of Chapter 28 of The Code of the City of Seal Beach is hereby amended to read: "(b) Yard Dimensions (Minimums) Front Yard Abutting Street — District I ................... .............................18 ft." District II ................. .............................18 ft, front entry Garage, 10 ft. side entry garage District V ................. .............................18 ft, front entry Garage, 10 ft. side entry garage (1) Except where 2nd floor decks existing as of January 1, 2001 extend into the front yard setback area. In such situations, the second floor setback shall be the edge of the existing deck. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 17th day of January, 2001, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners Page 3 Lee Whittenberg, Secretary Planning Commission s +x�• Page 4 Planning Commission Resolution No. 01- January 17, 2001 David Hood, Ph.D., Chairman Planning Commission Attachment 3 -��- . �_� 0 mloo� I , D!fn t i % y i N Ct N r--I M .. C� . ,..� U 'ii a �� M 4-4 N N CC$ 0 0 00 "It �"ti ° �° .� � �:�, i ,� . � ��.` :tea {� . k' _ .A: ii .., ,�_ �+ �,. _. R �1; a r . �t �"ti ° �° .� � �:�, i ,� . � ��.` :tea {� . k' _ .A: ii .., ,�_ City Council Staff Report Zoning TwAmendment 01 -1 Front Yard Setback in RLD Zone February 26, 2001 ATTACHMENT 5 EXISTING CODE SECTIONS Article 4. Section 28-401. General Provisions Lost Size Oven Space, Bulk & Yards. (2) Provisions varying by district. "(b) Yard Dimensions (Minimums) Front Yard Abutting Street — DistrictI ................... .............................18 ft." Districts II & 5 ........ .............................18 ft, front entry Garage, 10 ft. side entry garage CC Staff Report ZTA 01 -1 From Yard Setbacks RLD 16