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HomeMy WebLinkAboutCC AG PKT 2006-09-25 #M - e e AGENDA REPORT DATE: September 25, 2006 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: PUBUC HEARING - ZONE TEXT AMENDMENT 06-1 REDUCE ALLOWABLE HEIGHT 'FROM 35 FEET TO 25 FEET ON, THE REAR HALF OF LOTS 37,5 FEET WIDE OR WIDER - RMD and RHD ZONES, PLANNING DISTRICT 1 - "OLD TOWN" SUMMARY OF REOUEST: Conduct public hearing. Approve Zone Text Amendment 06-1, as recommended by the Planning Commission, or as may be further amended by the City Council. Introduce Ordinance No. 1553, An Ordinance of the City of Seal Beach Amending Sections 28-701 and 28-801 of the Municipal Code of the City of Seal Beach to Allow 2 Stories and a Maximum Height of 25 Feet in the Residential Medium Density and Residential High Density, District 1 (Zone Text Amendment 06-1). BACKGROUND: The purpose of this public hearing is to consider various amendments to the Zoning Code to reduce the allowable building height from 35 feet to 25 feet on the rear half of lots 37.5 feet wide or wider in the RMD and RHO District 1 ("Old Town") zones. This amendment proposes the following amendments: D Amend Article 7, Residential Medium Density Zone (RMD Zone), District 1, as follows; D Amend Section 28-701.A.l, Maximum Heillht Main Buildinl!:s and Second DweIlinl!: Units to allow 2 stories and a maximum height of25 feet. D Amend Article 8, Residential High Density Zone (RID) Zone), District 1, as foIlows; 1:1 Amend Section 28-801.F, Maximum Heillht Main BuiIdinl!:s and Second Dwellinll Units to allow 2 stories and a maximum height of 25 feet. Agenda Item f'1 Z:\My DocumentslZTAIZTA 06-LHeight Limit In District LCC Staff Report docILW\09-20-ll6 Public Hearing - Zol'le Text Amendment 06-1 Proposed Revisions to Provisions o/Zoning Code re: Height Limits in RMD and RHD, District 1, Zones (Old TOWIll City Council Staff Report September 25, 2006 e The Planning Commission conducted a public hearing on September 20 and recommends that the City Council, after receiving both written and oral testimony presented during the public hearing, adopt ZTA 06-1, as may be revised by the City Council after consideration of all public testimony. Planning Commission Recommendations Regarding a "Grace Period": The Commission also addressed the issue of allowing structures that have received conceptual approval of plans for structures in excess of 2S feet to proceed with development, notwithstanding the recommended change; the "grace period," Based upon staff's recommendation, the Commission recommends that the Council adopt an un- codified section of the ordinance establishing a precise "grace period" date for projects that are being actively pmsued by the applicant. Projects that have received "Coastal Commission Concept Approval" by the Seal Beach Director of Development Services by a date to be determined by the Council would be allowed to proceed with development under the previous development standards relative to 3-story construction. Typically the "Coastal Commission Concept Approval" by the City is submitted to the Coastal Commission and then the Coastal Commission considers and approves a "Coastal Development Permi~' for the subject project. The "Coastal Development Permit" is then effective for a l2-month time period, and can be extended upon approval by the Coastal Commission. e Based on the discussions at the Planning Commission Study Sessions and at the Planning Commission public hearing on ZTA 06-1, the Planning Commission haS recommended a time period of 60 days from the effective date of an implementing ordinance to obtain the required "Coastal Commission Concept Approval" by the Seal Beach Director of Development Services. The Commission has further recommended imposition of a date 1 year from the effective date of the implementing ordinance to obtain a building permit that is in substantial compliance with the plans approved by the "Coastal Commission Concept Approval." Failure to meet either of these recommended dates would nullify the ability to build a 3-story residence under the current development standards. If the City Council determines to adopt changes to the current development standards as recommended by the Planning Commission, and as may be modified based on the public testimony received by the City Council, the City Council is requested to provide direction to Staff and the City Attorney regarding the above recommended time periods to obtain "Coastal Commission Concept Approval" by the Seal Beach Director of Development Services and to obtain a building permit. The proposed ordinance currently incorporates the recommendations of the Planning Commission on these two issues. In order for the Director to provide "Coastal Commission Concept Approval" the applicant must have submitted to the Department of Development Services conceptual development plans for the project that clearly and precisely indicate the proposed e ZTA06-1.HcigbtLimit in Dlstriot 1.CC StaffRoport 2 e Public Hearing - Zone Text Amendment 06-1 Proposed Revisions to Provisions o/Zoning Code re: Height Limits in RMD Q/ld RHD. District 1, Zones (Old Town) City Council Staff Report September 25, 2006 building location on a scaled "Site Plan", along with floor plans and building elevations. All of these plans must be scaled and dimensioned to allow the Department of Development Services to clearly determine that the proposed development complies with all requirements of the City regarding setbacks, lot coverage, building height, and provision of required parking. Full construction plans are not required at this stage in the approval process. Other Options for a "Grace Period" Deadline: e The City Council could alSo select a later point in the development process for projects to proceed und~r a determined "grace period." Once an applicant obtains "Concept Approval," he or she must also obtain a Coast8l Commission "Coastal Development Permit", and after that, City plan check approval before issuing a building permit; the City could require an applicant to have one of these approvals in order to qualify. It would be more difficult to assign a specific deadline to these later approvals, however, because it would be difficult to predict the amount of time necessary for the Coastal Commission to issue its approval and for the City to review final construction plans to determine compliance with all applicable construction codes, The last point in the process the Council could select for qualification would be the issuance of a building permit. Once the City issues a building permit and the applicant incurs substantial expenditures in reliance thereon, under state law the applicant acquires a "vested property right" to proceed with the development, regardless of the city's subsequent amendments to the maximum permitted height Treatment of Legal, Non-Conforming Structures: If the Council adopts the new ordinance adjusting the height standard, there will be a number of existing and approved structures that will exceed 25 feet in Old Town. Staff recommends that the existing Municipal Code non-conforming provisions set forth in Article 24 of the Zoning Ordinance apply to such structures. In addition, staff recommends that the new ordinance not affect the ability of rental units in excess of 25 feet to convert to condominiums, This recommendation will maintain consistency with the current City policy of allowing applications for condominium conversions to be considered where standards have been revised since the Conditional Use Permit approval process was implemented, The only exception that currently is allowed is to the density standard, because that standard was revised after adoption of the CUP requirement, and the recommended exception for height would be the only other allowable exception. All setback, lot coverage, and parking development standards would need to be met, as those standards have not been revised by the City. The City Council is requested to provide direction to Staff and the City Attorney regarding this issue. e ZTA 06-l.Hcight Limit in Distriot 1 CC SlllffRcpor\ 3 Public Hearing - Zone Text Amendment 06-1 Proposed Revisions to Provisions o/Zoning Code re: Height Limits in RMD and RHD, District J, Zone. (Old Town) City Council StqffReport _ September 25, 2006 .. City Council Options: Staff has prepared the appropriate Ordinance for consideration by the City Council to adopt ZTA 06-1 as recommended by the Planning Commission. Please refer to Attachment 1 to review the required Ordinance to adopt the provisions of ZT A 06-1 and to establish the date for obtaining a "Coastal Commission Concept Approval" by the Seal Beach Director of Development Services and to obtain a building permit for those projects that are currently being actively pursued by a project applicant under the current development standards, as recommended by the Planning Commission. Should the City Council disagree with the recommendations of the Planning Commission, it has the option of determining to make no change to the existing provisions of the Zoning Code relating to current height regulations in the subject area of the City, The Council can also determine to establish different "grace period" times based on the public testimony, or determine to not allow for any "grace period." Lastly, the Council could refer the matter back to the Commission to consider any new proposals that were not considered as part of the Planning Commission deliberations. The Planning Commission Staff Report, including all Attachments is provided as Attachment 2. The Planning Commission Resolution and minute excerpt are not available at the time of preparation of the Staff Report, and will be provided to the City _ Council for review prior to the City Council meeting. .. FISCAL IMPACT: None. Please note that if the proposed Zone Text Amendment is not effective before November 8, 2006, and the City adopts a similar provision that becomes effective after November 8, 2006 there could be potential exposure to the City if Proposition 90 is passed by the voters on November 7, 2006. RECOMMENDATION: Conduct public hearing. Approve Zone Text Amendment 06-1, as recommended by the Planning Commission, or as may be further' amended by the City Council. Introduce Ordinance No. 1553, An Ordinance of the City of Seal Beach Amending Sections 28-701 and 28-801 of the Municipal Code of the City of Seal Beach to Allow 2 Stories and a Maximtun Height of 25 Feet in the Residential Medium Density and Residential High Density, District 1 (Zone Text Amendment 06-1). e e Whitten erg Director of Development Se ZTA 06-1.Hoigbt LimIt in District 1.CC StalfReport 4 e Public Hearing - Zone Text Amendment 06-1 Proposed Revisions to Provisions o/Zoning Code re: Height Limits in RMD and RHD, District I, Zones (Old Town) City Council St'fff Report September 25, 2006 Attachments: (2) Attachment 1: Ordinance No. 1553, An Ordinance of the City of Seal Beach Amending Sections 28-701 and 28-801 of the Municipal Code of the City of Seal Beach to Allow 2 Stories and a Maximum Height of 25 Feet in the Residential Medium Density and Residential High Density, District 1 (Zone Text Amendment 06-1) Attachment 2: Planning Commission Staff Report, including all Attachments, dated September 20, 2006 e e Z,!, A 06-I.Hclght Limit In District I.CC StaffRcport 5 e Public HelJ/"ing - Zone Text Amendment 06-1 Proposed Revisions to Provisions o/Zoning Code re: Height Limits in RMD and RHD, District I, Zanes (Old Town) City Council Staff Report September 25, 2006 ATTACHMENT 1 ORDINANCE NO. 1553, AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING 'SECTIONS 28-701 AND 28-801 OF THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH TO ALLOW 2 STORIES AND A MAXIMUM HEIGHT OF 25 FEET IN THE RESIDENTIAL MEDIUM DENSITY AND RESIDENTIAL IDGH DENSITY, DISTRICT 1 (ZONE TEXT AMENDMENT 06-1) e e ZTA 06-I.Hoight Umit in Districtl.CC StaffRoport 6 e e e Public Hearing - Zone Text Amendment 06-1 Proposed Reviswl'I8 to Provisions of Zoning Code re: Height Limits in RMD and RHD. District 1, Zones (Old Town) City Council Staff Report September 25. 2006 ORDINANCE NO. 1553 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTIONS 28-101 AND 28-801 OF THE MUNICIPAL CODE OF THE CITY OF SEAL BEACH TO ALLOW 2 STORIES AND A MAXIMUM HEIGHT OF 25 FEET IN THE RESIDENTIAL MEDIUM DENSITY AND RESIDENTIAL' IDGH DENSITY, DISTRICT 1 (ZONE lEXT AMENDMENT 06-1) Section 1. The City Council hereby amends Seal Beach Municipal Code Section 28-70 I.A.I (Maximum Height, Main Buildings and Second Dwelling Units for the Residential Medium Density Zone) to read as follows: "Section 28-701. General Provisions. Lot Size. ODen SDace. Bulk and Yards. A. Provisions applying in all districts: 1. Maximum Height, Main Building and Second Dwelling Units: ...... ........................................ ...2 stories, 25 ft. maximum" Section 2. The City Council hereby amends' Seal Beach Municipal Code Section 28-801.F (Maximum Height, Main Buildings and Second Dwelling Units for the Residential High Density Zone) to read as follows: "Section 28-801. General Provisions. Lot Size. ODen SDace. Bulk and Yards. F. Maximum Height, Main Building and Second Dwelling Units: District I ,............,......."........2 stories, 25 ft. maximum District II, VI .................................;.................35 ft." Section 3. The City Council hereby determines that development projects for 3 -story residences located on the rear half of lots 37.5 feet wide or wider in the Residential Medium Density and Residential High Density, District 1 Zones that have received "Coastal Commission Concept Approval" by the Director of Development '&fA 06-1 HCJgbt Limit in DIslricll.CC StalfRcport 7 Public Hearing - Zone Text Amendment 06-1 Proposed Revisions to Provisions o/Zoning Code re: Height Limits in RMD and RHD, District 1, Zones (Old Town) City Council Staff Report _ September 25, 2006 . Services no later than January 1,2007 and have obtained a building permit no later than December 31, 2007 may proceed to develop in accordance with the height standards in effect prior to the adoption of Ordinance No. 1553 and in substantial compliance with the plans approved by the "Coastal Commission Concept Approval," City staff shall note on any "Coastal Commission Concept Approval" obtained prior to January 1,2007 that such approval is rendered null and void if the applicant fails to obtain a City building permit to build a structure in excess of25 feet by December 31,2007. Section 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of ,2006. Mayor ATTEST: e Linda Devine City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of ,2006, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2006 by the following vote: AYES: Council members e NOES: Council members ZTA 06-I.Hcight Limit in Distnct I.CC Staff Report 8 e e e ABSENT: ABSTAIN: Public Hearing - Zone Text Amendment 06-1 Proposed Revisions to Provisions olZoning Code re: Height Limits in RMD and RHD, District 1. Zones (Old Town) City Council Staff Report September 25, 2006 Council members Council members and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Linda Devine City Clerk ZT A 06-1.Heigbt limit In Dtstnct 1.CC Staff Report 9 e Public Hearing - Zone Text Amendment 06-1 Proposed Revisions to Provision. o/Zoning Code re: Height Limits in RMD and RHD, District 1, Zones (Old Town) City Council Staff Report September 25, 2006 ATTACHMENT 2 PLANNING COMMISSION STAFF REPORT, ZONE TEXT AMENDMENT 06-1 'INCLUDING ALL ATTACHMENTS, DATED SEPTEMBER 20, 2006 e e ZTA 06-1 Height Limit m District 1.CC Staff Report 10 e e e September 20, 2006 STAFF REPORT To: Honorable Chairperson and. Planning Commission Prom: Lee Whittenberg, Director Department of Development Services Subject: ZONE TEXT AMENDMENT 06 - 1 REDUCE ALLOWABLE HEIGHT FROM 35 FEET TO 25 FEET ON THE REAR HALF OF LOTS 37.5 FEET WIDE OR WIDER - RMD and RHD ZONES, PLANNING DISTRICT 1 - "OLD TOWN" I REQUEST I To consider various amendments to the Zoning Code to reduce the allowable building height within the R.MD and. RED District 1 ("Old Town'') zones to a consistent standard of a maximum heig4t of 25 feet regardless of the lot width. This amendment proposes the following: o Amend Article 7, Residential Medium Density Zone (RMD Zone), District 1, as follows; o Amend Section 28-701.A.I, Maximum Height, Main Buildings and. Second Dwelling Units to allow 2 stories and a maximum height of 25 feet. o Amend Article 8, Residential High Density Zone (RHO Zone), District 1, as follows; o Amend Section 28-801.F, Maximum Height, Main Buildings and. Second Dwelling Units to allow 2 stories and a maximum height of 25 feet. The PIlInning Commission also requested information from City Staff regarding the different ways the City could determine an appropriate "grace period" for projects that are currently being actively pursued by a property owner or potential property owner to build in accordance with the current height standards, which allow for a maximum height of 35-feet on the rear half oflots that are 37.5 feet or wider. Provided as Attachment 1 is the proposed Planning Commission Resolution that would need to be adopted to forward these matters to the City Council for fina1 consideration. The resolution contains the language of the recommended amendments to the Zoning Code and the proposed language regarding the issue of an appropriate "grace period," based on direction given by the Commission at the September 13 Study Session. Z:\My ~onts\ZTA\ZTA 06-I.Hoigbt Limit in District I.PC StaffRoportdoclLW\09-08-06 Zoning Tex:t Amendment 06-1 Proposed Revisions to Provisions a/Zoning Code Te: Height Limits in RMD and RHD, District 1, Zones (Old Town) PIQl'/7/i1Ig Commission StqffReport .- September 20, 2006 _ I BACKGROUND , Overview of Previous Planning Commission Study Sessions: The Planning Commission has held two study sessions regarding these issues. Provided below is a summary of those previous study sessions: September 6, 2006 Study Session: The first study session provided an overview of the current requirements and standards for residential development in the "Old Town;' area. The Commission received public comments from 16 persons on the issue, and after extensive discussion, directed staff to begin the preparation of a "Zone Text A m.."dmenf' to amend to Zoning Code to e1iminate the ability to construct new residences higher than 25-feet and 2-stories. The Commission also requested staff to provide additional infonnation regarding different options the City could consider to "grandfather" projects that are currently being actively pursued by a property owner or potential property owner to build in accordance with the current height standards, and determined to continue the Study Session to September 13, Please refer to Attachment 2 to .- review the Draft Minutes of this Planning Commission meeting. - The presentation materials of the September 6 Study Session and all communications received at the September 6 Study Session are provided as attachment 3, which is the September 13 Planning Commission Study Session Staff Report. September 13, 2006 Study Session: Based on the discussion of the Commission at the September 6, 2006 Study Session, staff prepared options for the Commission and public to discuss at this Study Session regarding the "granrifathering" issue. The Commission received additional public. input from 11 persons regarding the "grace period" matter. Attachment 4 is the Supplemental Staff Report which discusses the "grace period" issue in detail. At the conclusion of the Study Session the Commission gave the direction to Staff to incorporate a 60-day "grace period" after the effective date of an adopted ordinance to implement ZTA 06-1 for a property owner or project applicant to obtain from the Department of Development Services a "Coastal Concept Approval" in order to be allowed to build under the current provisions regarding 3-stoxy development for inclusion as part of the consideration of this Zone Text Amendment. Please refer to Attachment 5 to review the Minute excerpt of this plAnning Commission meeting and to Attachment 6 to review copies of all written communications received by the .- Commission at the September 13 Study Session. _ ZTA OH.Hoight Limit in DIStrict l,PC SIBffRcport 2 e e e Zoning Text Amendment 06-1 Proposed Revisions to Pruvisions o/Zoning Code re: Height Limits in RMD and RHD, District 1, Zones (Old Town) Planning Commission Staff Report September 20, 2006 I DISCUSSION' As indicated above, the PlAnning Commission has considered this matter at two separate study sessions. Atta.chment 7 provides the current language of the Municipal Code regarding allowable heights for residential development in the RMD and RRD, District I zoned areas of the City. PROPOSED ORDINANCE AMENDMENTS Provided below are the proposed amendments to the Zoning Code regarding this Zone Text NnP.nclment. The amendments are broken into two separate sections for discussion and consideration by the PlAnning Commission: Proposed Changes to Height Limits CJ Amend Article 7, Residential Medium. Density Zone (RMD Zone), as indicated below; CJ Amend Section 28-701.A.l, Maximum Height, Main Buildings and Second Dwelling Units to read as follows: 'Section 28-701. General Provisions, Lot Size, Open Space, Bulk and Yards. A. Provisions applying in all districts: 1. Maximum Height, Main Building and Second Dwelling Units: beh':idiJ:1, 18&& iJ:1BFl 37 11,2 fl. 2 stories, max. 25 ft. let vjlftf;llr 211.'2 tt. SF AUIFS Frs FIt 1f2 sf let, :I 8terle8, FF1BllimWFFl 25 ft. Rear 1~ sf let, 1 &.,is8, AlRiAlYFFI 25 ft." CJ Amend Article 8, Residential High Density Zone (RHO Zone), as follows; CJ Amend Section 28-801.F, Maximum Height. Main Buildings and Second Dwelling Units to read as follows: ZlA 06-1.Hei&hlLimit in District l.PC Staff Report 3 Zoning Text Amendment 06-1 Proposed Revisions to Provisions of Zoning Code re: Height Limits in RMD and RHD, District 1, Zo1UlS (Old Tow'!l Planning Commission StoffReporl ,6 September 20, 2006 _ "Section 28-801. General Provisions, Lot Size. ODen SDace, Bulk and Yards. F. Maximum Building Height, Main Building and Second Dwelling Units: b.ah.li~t"'sl , IllS& thaA 17 1.'2 It. District I 2 stories, maximum 25 ft, District II, VI 35 ft. L..lI.t .fl...i~ths, 211.f,2 'fl. II r Mer. gl&t.Fiat I Fral'lt 1/,2 af 1M 2 stll'Fias, 25 ft. maKiRlWMj Raar 1.13 8f lat :I starlas, 15 ft. R1uiRlWM- DIstriet& II. VI 25 fl;" *** lats 81'1 Sllal '."ay May lallata a t"'Ird llta~. allwal te tha tatal s"ya,a fe8t araa allal.'Ja&l iA t"'a raar 1.'2 8f tha lat ,lith Ra IiMitati8A aA plall8lRaAt, layt s"'a1l1a8 .Ylljaet ta F8"wi,ad yarll8." e Proposed Revisions Regarding a "Grace Period" The Commission also addressed the issue of allowing structures that have received conceptual approval of plans for structures in excess of 25 feet to proceed with development, notwithstanding the recommended change, i.e., the "grace period.". Based upon staff's reco=endation, the Commission reco=ends that the Council adopt an un-codified section of the ordinance establishing a precise "deadline" date for proj ects that are being actively pursued by the applicant Projects that have received "Coastal Commission Concept Approval" by the Seal Beach Director of Development Services by a date to be determined by the Council would be allowed to proceed with development under the previous development standards relative to 3-story construction. At the September 13 Planning Commission Study Session, the Commission determined to recommend a date 60 days after the effective date of the implementing ordinance to obtirln the required "Coastal Commission Concept Approval" by the Seal Beach Director of Development Services. Assuming an effective date of November 1, the deadline for obtaining the applicable "Coastal Commission Concept Approval" would be December 31, 2006, and due to the holidays would automatically be extended to the next business day of January 2, 2007. e ZIA 06-}.Hcigbt Li11lit in District l.PC StalfRcport 4 e Zoning Tat Amendment 06-1 Proposed RevisiollS to ProvisiollS o/Zoning Code re: Height Limits in RMD and RHD, District 1, Zones (Old Town.! PllJ1ll1ing Commission Staff Report September 20. 2006 Typically the "Coastal Commission Concept Approval" by the City is submitted to the Coastal Commission and then the Coastal Commission considers and approves a "Coastal Development Pennif' for the subject project. The "Coastal Development Permit" is then effective for a 12-month time period, and can be extended upon approval by the Coastal Commission. In order for the Director to provide such 'Concept Approval" the applicant must have submitted to the Department of Development Services conceptual development plans for the project that clearly and precisely indicate the proposed building location on a scaled "Site Plan", along with floor plans and building elevations. All of these plans must be scaled and dimensioned to allow the Department of Development Services to clearly determine that the proposed development complies with all requirements of the City regarding setbacks, lot coverage, building height, and provision of required parking, Full construction plans are not required at this stage in the approval process. e The City could also select a later point in the development process for projects to qualify for grandfathering. Once an applicant obtains "Concept Approval," he or she must obtain a Coastal Commission "Coastal Development Pennif', and after that, City plan check approval; the City could require an applicant to have one of these approvals in order to qualifY. It would be more difficult to assign a specific deadline to these later approvals, however, because it would be difficult to predict the amount oftime necessary for the Coastal Commission to issue its approval and for the City to review :fina1 construction plans to determine compliance with all applicable construction codes. The last point in the process the Council could select for qualification would be the issuance of a building permit. Once the City issues a building permit and the applicant incurs substantial expenditures in reliance thereon, under a state law he acquires a ''vested property right" to proceed with the development, regardless of the city's subsequent amendments to the maximum permitted height. Treatment of Legal, Non-Conforming Structures e If the Council adopts the new ordinance adjusting the height standard, there will be a number of existing and approved structures that will exceed 25 feet in Old Town, These existing and approved structures would be classified as "legal, non-confonning"; and would subject to the standards set forth in Article 24, Section 28-2400 through 28-2408 of the Zoning Ordinance. Please refer to Attachment 8 to review the non-conforming provisions of the Zoning Ordinance. In addition, staff recommends that the new ordinance not affect the ability of rental units in excess of 25 feet to convert to condominiums. This recommendation will maintain consistency with the current City policy of allowing applications for condominium conversions to be considered where standards have been revised since the Conditional Use Permit approval process was implemented and as set forth in Section 23-2322,C of the ZTA 06-1 Height Limit in District I.PC Sta1fRoport 5 Zoning Text Amendment 06-1 Proposed Revisions to Provisions o/Zoning Cods re: Height Limits in RMD and RHD, District 1, Zones (Old TOW1!J Planning Commission Staff Report _ September 20, 2006 .. Zoning Ordinance. Please refer to Attachment 9 to review this section of the Zoning Ordinance. The only exception that currently is allowed is to the density standard, because that standard was revised after adoption of the CUP requirement, and the recommended exception for height would be the only other allowable exception, All setback, lot coverage, and parking development standards would need to be met, as those standards have not been revised by the City. 'RECOMMENDATION I Staff recommends the Commission, after receiving both written and oral testimony presented during the public hearing, recommend approval of ZTA 06-1 to the City Council, as may be revised by the Commission after consideration of all public testimony. The recommended amendment would reduce the allowable building height within the Rl\ID and RED District 1 ("Old Town") zones from the current allowable variable building height standards based on the width of a property to a consistent standard of a maximum height of 2S feet regardless of the lot width. Should the Commission disagree, it has the option of recommending no change to the e existing provisions of the Zoning Code relating to allowable height development standards within the RMD and RHD Zones, Planning District 1 (Old Town). Should the Commission follow staff's recommendation, staff has prepared the proposed resolution recommending approval of ZTA 06-1, including the recommended language regarding the recommended "grace period". The proposed Resolution is provided as Attachment 1. Attachments: (9) Attachment 1: Resolution Number 06-43, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of Zoning Text Amendment 06-1, Amending Sections 28-701 and 28-801 to Allow 2 Stories and a Maximum Height of 2S feet in the Residential Medium Density and Residential High Density, District 1 Zones e l:fA Il6-I.Height Limll in District I.PC StaliRepoll 6 e e e Attachment 2: Attachment 3: Attachment 4: Attachment 5: Attachment 6: Attachment 7: Attachment 8: Attachment 9: Zoning Te:tt Amendment 06-1 Proposed Revisions to PrOllisions o/Zoning Code re: Height Limits in RMD and RHD. DistricJ 1, Zones (Old Town) Planning Commission Staff Report September 20. 2006 September 6, 2006 pJ..nn;ng Commission Study Session Minute Excerpt September 13, 2006 Planning Commission Study Session Staff Report, including Attachments: [J September 6, 2006 Planning Commission Study Session Presentation Materials [J Copies of All Written Communications Received by the Commission at the September 6 Study Session September 13, 2006 Planning Commission Study Session Supplemental Staff Report September 13, 2006 Planning Commission Study Session Minute ExceIpt Note: M"mutes not available at time of distribution of Agenda Packets. They will be provided at the September 20 Planning Commission meeting Copies of All Written Communications Received by the City after the September 13 Study Session Current Language of the Municipal Code regarding Allowable Heights for Residential Development in the RMD and RHO, District I, Zoned Areas of the City Article 24, Non-Conforming Use Provisions Section 28-2322, Conversion of Existing Apartments to Condominiums, sub-section C, Development Standards . . \. . ZfA 06-1.Height Limit in Di,lricl1.PC StaffRcport 7 e e e. Zoning Te:tt Amendment 06-1 Proposed Revisions to Provisions of Zoning Code re: Height Limits in RMD and RHD. District 1, Zones (Old Town) Planning Commission Staff Report September 20, 2006 ATTACHMENT 1 RESOLUTION NUMBER 06-43, A RESOLUTION 011 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 06-1, AMENDING SECTIONS 28- 701 AND 28-801 TO ALLOW 2 STORIES AND A MAXIMUM HEIGHT OF 25 FEET IN THE RESIDENTIAL MEDIUM DENSITY AND RESIDENTIAL mGH DENSITY, DISTRICT 1 ZONES ZTA 06.1 Height Limit in Distriet I.PC Staff Report 8 e e e Zoning Text Amendment 06-1 Proposed Revisions to Pravisiona of Zoning Code re: Height Limits in RMD and RED. District I. Zones (Old Town) Planning Commission Staff Report September 20, 2006 RESOLUTION NUMBER 06-43 A RESOLUTION OF THE PLANNING .COJvfMI.SSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL AFPROV AL OF ZONING TEXT AMENDMENT 06-1, AMENDING SECTIONS 28-701 AND 28-801 TO ALLOW 2 STORIES AND A MAXIMUM HEIGHT OF 25 F~:?T IN 'fI:IE RESIDENTIAL MEDIUM DENSITY AND RESIDENTIAL HIGH DENSITY, DISTRICT 1 ZONES THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The Pl..nn;ng Commission held Study Sessions regarding the allowable building height in the Residential Medium Density and Residential High Density, District I zones on September 6 and September 13, 2006. Section 2. At the conclusion of the September 13, 2006 the Planning Commission directed staff to prepare proposed amendments to the Zoning Code to reduce the allowable height within the RMD and RHD District I ("Old Town") zones from the current variable allowable building height standards based on the width of a property to a consistent standard of a maximum height of 25 feet regardless of the lot width and to include language in its recommendation to allow property owners who have received conceptual approval from the Seal Beach Director of Development Services by a certain date to be allowed develop under the previous standards. Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15305, staff has determined as follows: The application for Zoning Text Amendment 06-1 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 ~ l5061(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 4. A duly noticed public hearing was held by the Pl..nning Commission on September 20, 2006 to consider Zone Text Amendment 06-1. zrA Q6-l.Heipt Limit in District 1.PC StaffRcport 9 Zoning Te:tt Amendment 06- J Proposed Revisiona to Provisions of Zoning Code re: Height Limits in RMD and RHD, District I, Zones (Old Town) e Planning Commission Staff Report September 20, 2006 Section 5. The record of the hearing 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 for new residential developments within the Residential Medium Density and Residential High Density, District I zones. (c)' The proposed amendments are summarized above in Section 2 of this Resolution. Section 6. Based upon the facts contained in the record, including those stated in ~5 of this resolution and pursuant to ~~ 28-2600 of the City's Code. the Planning Commission makes the following findings: (a) Zoning Text Amendment 06-1 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed new residential height development regulations in the Residential Medium Density and Residential High Density, .. District 1 zones are consistent with the General Plan. The proposed amendment 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 by establishing new residential developments within the Residential Medium Density and Residential High Density, District 1 zones. Section 7. The Commission also addressed the issue of allowing structures that have received conceptual approval of plans for structures in excess of25 feet to proceed with development, notwithstanding the recommended change. The Commissi.on recommends that projects that have received "Coastal Commission Concept Approval" from the Seal Beach Director of Development Services by a date to be determined by the Council may proceed with development. The Commission recommends the date of January 2, 2007 for obtaining such approval. Section 8. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 06-1 to the City Council as set forth on Exhibit A, attached to this resolution and incorporated herein. e ZfA 06-1".Height Limit in District l.Pe StafFRcport 10 e e e Zoning Text Amendment 06-1 Proposed Revisiona to Pravisiona of Zoning Code re: Height Limits in RMD and RHD. District 1. Zones (Old TOWJ!i Planning Commission Staff Report September 20, 2006 PASSED, AFPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of , 2006, by the following vote. AYES: Commissioners NOES: Commissioners - ABSENT: Commissioners __ ABSTAIN: Commissioners __ Ellery Deaton Chairperson of the Planning Commission Lee Whittenberg Secretary of the pJ..nning Commission ZTA Oli-llloighlLimit in Distriet I.PC StalrRcport 11 Zoning Text Amendment 06-1 Proposed Revisiona to PrOllisions of Zoning Code re: Height Limits in RMD and RHD, District I. Zones (Old Tow'li e Planning Commission Staff Report September 20, 2006 "EXHIBIT A" [J Amend Article 7, Residential Medium Density Zone (RMD Zone), as indicated below; [J Amend Section 28-701.A.l, Maximum Height, Main Buildings and Second Dwelling Units to read as follows: .Section 28-701. General Provisions. Lot Size. .Ooen Soace. Bulk and Yards. A.. Provisions applying in all districts: 1. Maximum Height. Main Building and Second Dwelling Units: 2 stories, 25 ft. maximum" [J Amend Article 8, Residential High Density Zone (RED Zone), as follows; [J Amend Section 28-80 I.P. Maximum Height, Main Buildings and Second Dwelling Units e to read as follows: .Section 28-801. General Provisions. Lot Size. Ooen Soace. Bulk and Yards. F. Maximum Height, Main Building and Second Dwelling Units: District I 2 stories, 25 ft. maximum District II, VI 35 ft." ... ... ... ... e ZTA 06-J:Height Limit m Di,tncl1.PC StaffRcport 12 Zoning Text Amendment 06-1 Proposed Revisions to PrOllisions of Zoning Code re: Height Limits in RMD and RHD, District I, Zones (Old Town) Planning Commission Staff Report .. September 20, 2006 .. ATTACHMENT 2 SEPTEMBER 6, 2006 PLANNING COMMlSSION STUDY SESSION MINUTE EXCERPT e e ZTA 06.-l.Heigbt Limit in Dislricll.PC Staff Report 13 e~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 4 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 e City of Seel Beech Plenning Commission Meeting Minut&s of September 6, 2006 STAFF CONCERNS -. 4. Development Standards for three-story Residences In Old Town Staff Reoort Mr. DaVeiga delivered the staff report with a PowerPoint presentation. (Presentation is on file for inspection in the Planning Department) He began by reviewing the issue of "Takings, n noting the conditions for determining whether a taking has occurred. Mr. Abbe interjected additional commentary on the various court decisions presented regarding this issue. The Senior Planner then reviewed the history of the current discussion on third story development in Seal Beach beginning with the June 21, 2006 review of a request to construct two, three-story condominiums; and the subsequent approval to construct two, two-story condominiums, followed by the recommendation for a moratorium on third story development in order to study this issue further. City Council (CC) approved a 45-day moratorium on June 26, 2006, and on July 24, 2006 CC denied the request for an extended moratorium and directed Staff to review this issue in conjunction with pending modifications to the Zoning Code (ZC). Mr. DaVeiga then displayed a map of the lots measuring 37.5 ft. or wider within Old Town and reviewed the existing Code requirements. He followed by presenting the following options for consideration by the Planning Commission (PC): Ootion 1 No change to the Code. Third story development allowed on lots that are 37.5 ft. or greater in width. Prohibit third story development in Old Town. Amend the Code to include third story development standards that address compatibility issues as either discretionary actions or permitted by right. Ootion 2 Ootion 3 After presenting photographs of various three-story developments in Old Town, Mr. DaVeiga presented surveys of selected coastal cities on the issue of upper-story development standards. He reviewed methods for addressing neighborhood compatibility issues noting the use of upper story setbacks, upper story floor area ratio, solar access requirements. far;ade articulation, height limitations, and infill development standards. He ended by presenting a survey of current land use inventory for the 440 properties in Old Town measuring 37.5 ft. or greater. Mr. DaVeiga then noted that Staff had received a total of 31 letters regarding this issue, with 25 letters in favor of eliminating third story development altogether, 4 letters favoring no change, and 2 letters favoring revision to the development standards for third stories. 5 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Be8ch Plennlng Commission Meeting Minutes of September 6, 2006 Commissioner Questions e Chairperson Deaton confirmed that out of the 440 properties surveyed, 36 already have a three-story structure on the lot. Mr. DaVeiga confirmed that 36 lots was correct; however, after doing a subsequent check the total number of lots in Old Town Actually came to 430. Chairperson Deaton requested a history of how the determination was made to allow third story construction on the 37.5 ft. wide lots. Mr. Whittenberg inte~ected that he has worked with the City since 1989, and this standard has been in place since 1974, and Staff has not reviewed the records of that time to determine what was driving the standards developed in 1974 or prior to this date. He 'added that in 1974 the City completed a comprehensive ZC update and adopted a new ZC. He indicated that in talking with people in the community, his understanding is that this standard was in. place when this new ZC was adopted, and apparently was developed as an offset for reducing density for the number of units that could have been constructed on lots within Old Town. Chairperson Deaton noted that former members of CC were present in the audience tonight and perhaps they could provide information on this. She indicated that when the downzoning was completed, the ability to have additional units on 25-feet lots was eliminated. She referred to the three-story condominium project mentioned in the visual presentation and stated that for many years after the allowance of three stories on the 37.5 ft. lots there were not many projects presented; however, these projects have become more frequent. She asked the Director of Development Services whether this was the case. Mr. Whittenberg stated that he could not respond to this, as under the ZC no discretionary review is required for construction of a third story on the rear half of a 37.5 ft. wide lot. He said if the projects meet building standards, no special review is required. Chairperson Deaton asked how many of these projects are currently in the "pipeline." Mr. Whittenberg stated that during the moratorium, three projects were approved, and one of them was the two-unit condominium project, and the others were both single-family residences (SFRs). Chairperson Deaton approximated that this would be equal to just under10 percent of the 36 lots in Old Town with three-story structures. Mr. Whittenberg noted that some of these three-story buildings are not SFRs constructed under today's standards, but are legal nonconforming apartment buildings built under the old standards before the downzoning. Chairperson Deaton requested that Mr. Whittenberg indicate when the public notice for this study session was circulated. Mr. Whittenberg stated that the notice was published as an 8th_page display ad in the Sun Newspaper two weeks ago and was also posted on the City's web page along with the Staff Report. Chairperson Deaton asked if there were any other areas of Seal Beach, other than Old Town, where there were changing heights for differing lot sizes. Mr. Whittenberg stated that there were not. e Commissioner Roberts asked if the ZC as it refers to District 1, which is Old Town, ever imposes a Floor Area Ration (FAR) requirement or a lot coverage requirement. Mr. .DaVeiga stated that there is no FAR requirement, but there is a lot coverage requirement in all areas of the City in conjunction with the setback requirement. Mr. Whittenberg noted that for a 25-ft. and 37.5 ft. or wider lots in Old Town the lot coverage equirement is 75 percent. Commissioner Roberts noted that this would probably max e 6 of 16 e~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 - 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 t City of Sea/ Beach Plenning Commission Meeting Minutes of September 6, 2006 out to the setback requirements. Mr. Whittenberg stated that it comes close, but for 37.5 ft. and wider lots it would not quite match up to the setback requirements. Chairperson Deaton then called for a show of hands for those people in the audience in favor of allowing three-story development on all or some lot sizes. Mr. Whittenberg clarified that the ZC currently allows three-story development on lots that are 37.5 ft. or wider, and the City has never contemplated allowing three-story projects on smaller lots. Chairperson Deaton stated that she wished to open the discussion to anyone in favor of allowing three-story development on any size lot. Chairperson Deaton called for a show of hands for those people in the audience in favor of allowing 3-story development on lots measuring 37.5 ft. or more. Six people raised their hands. Chairperson Deaton called for a show of hands for those people in the audience in favor of allowing 3-story development regardless' of lot size. Two people raised their hands. Chairperson Deaton called for a show of hands for those people in the audience in favor of imposing a limit of 2-stories for all lot sizes in Old Town. Twenty people raised their hands. Public Hearin!:! Chairperson Deaton opened the public comment period and began with those speaking in favor of allowing third story development on any size lot. Pat Kearns, 209 15th Street, stated that he lives in a two-story home on a 25-ft, lot and then spoke on the issue of the fairness of zoning standards for different lot sizes under the current ZC. He cited several residences with varying standards and noted that there also was a time when Covered Roof Access Structure(s) (CRAS) were disallowed, yet no one ever discussed this, and now there are a number of 20 ft. x 5 ft. CRAS throughout Old Town, and many extend way beyond the 25 ft. height limit. He said that the ZC is so ambiguous that no one is enforcing existing laws. He recommended that all homes be required to provide at least 4 off street parking spaces to alleviate parking problems, and no floor elevation should be less than 8.5 ft. above the floor level. '. Mr. Whittenberg noted that the real issue tonight is three-story, two-story, or three-story with some design standards to ensure compatibility with the neighborhood. He asked that public comments be confined to the topic under discussion. Craig Gibson, 305 17th Street, stated that the homes shown on the PowerPoint presentation are all poorly designed, but there are three-story homes on the 200 block of 14th Street that are very well done. He recommended looking at factors like roof pitch and rear setbacks to help address the issue of obstruction of air flow and sunlight. Commissioner Roberts asked if Mr. Gibson was recommending having an architectural 7 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 27 28 29 30 31 32 33 . 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Selll Belleh Plllnning Commission Meeling MinlItes of September 6, 2006 review committee of some kind. Mr. Gibson said he is not concerned with style, but obstruction of the line of sight. John Morgan, 215 16th Street, said he concurred with Mr. Gibson's comments on the homes displayed tonight, and added that there are ways to make a three-story house more appealing. He suggested that property owners with plans for three-story projects already in progress be grandfathered so that they may continue under current zoning standards. e Joyce Parque, provided photographs of current three-story projects noting that one of them is a condominium with a third-story on the rear half. She indicated that Chairperson Deaton had met with Councilman Antos prior to the public hearing on the condominium p~oject, and this was not right. She then noted that some of the projects had been approved with Variances. She stated that denying homeowners the ability to build a three-story home was taking away their property rights. Chairperson Deaton stated for the record that she never had a meeting with Councilman Antos or anyone else prior to the meeting in question. Chairperson Deaton then called for those who wished to speak in favor of limiting homes in Old Town to only two stories. Mike Butte, 412 Central Way, stated that he lives on a 37.5 ft. lot and the quality of life is what is important to him, which means that he wants to see light and sky and feel the ocean breeze. He said that long-term he believes that his property values will increase if he maintains his home as a single-level home, giving Seal Beach a quiet village appeal. He said he opposes the idea of an architectural review board and recommended grandfathering in those projects that are currently in progress. John DeWitt, 1105 Electric Avenue, spoke about maintaining the "charm" of Old Town and prohibiting the construction of three-story homes, as this leads to a loss of sunlight, privacy, the ocean breeze, and the view. He stated that a maximum height of 25 feet should be the standard and that Covered Roof Access Structure(s) (CRAS) should no longer be allowed, as outdoor stairways for access to roof decks work just fine and do not require exceeding the height limit. Barbara Moreland, 116 4th Street, expressed her concern over the possible sale of a neighboring double lot that cur.rently has 5 apartments on it. She stated that if a new three-story home were constructed with the third story on the rear half of that lot, this would block all the light from the windows on the side of her home facing that lot. She suggested that special consideration be given prior to approving a three-story home when it neighbors a single level home on a 25-ft. lot. e Chi Kredell, 1633 Seal Way, stated he served on City Council when the zoning for 37.5- ft. or wider lots was devised. He said the reason it was approved was that at that time duplexes could be constructed on all 25-ft. wide lots, and in order to make the town e 8 of 16 e~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 4 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 e City of See/ Beech P/enning Commission Meeting Minutes of September 6, 2006 more livable for families wanting to live in single-family residences (SFRs) the zoning was down zoned to allow only one SFR on a 25-ft. lot. He said that a third story on the rear of a 37.5-ft. lot was also allowed; however, there were no condominiums in town. He said that this is an opportunity for the Planning Commission to change the city and keep Seal Beach a quaint town. He said he would be happy to respond to questions. Roger West, 1301-B Electric Avenue, spoke against having three-story homes in Old Town. He said that since purchasing his property in 1968 it has been down zoned at least three times and he has benefited from the increase in his property value and the value of living in Seal Beach. He recommended that those who are interested in building homes SOlely for profit should look into other cities. Don Kennebeck, 209 3rd Street, noted that the property across the street from his home measures 30 feet, but it appears on the map of properties measuring 37.5 feet or more. Mr. Whittenberg explained that on irregular shaped parcels the calculation is done by taking an average of the front and rear lot measurements. Mr. Kennebeck then noted that two 30-ft. lots have just gone up for sale on his street and a developer wants. to purchase both lots. He asked if the developer would be able to consolidate the lots intq a 60-ft. lot and construct condominiums. Mr. Whittenberg stated that this was possible. He explained that parcelS can be combined, as long as it exceeds the minimum lot size, but density and development standards would also apply. He said that under today's zoning standards 3 to 4 units could be placed on this size lot. He explained that the Zoning Code (ZC), requires that condominium projects receive a discretionary land use approval (Conditional Use Permit), which requires a public hearing and a determination by the PC that that particular use at that particular location would not be detrimental to neighboring properties. Mr. Kennebeck then asked if the City still permits the construction of apartment complexes in Old Town. Mr. Whittenberg stated that if the lot size is large enough to accommodate apartments and the project meets all of the required setback, lot coverage, parking, and density development standards, the project would be allowed. Mr. Kennebeck asked if enclosed garages for parking could be constructed as the first floor of the third story portion to rear of the lot. Mr. Whittenberg stated that all parking must be off street parking in enclosed garages off the alley. Barbara Barton, 415 Ocean Avenue, said she moved to Seal Beach for the small town atmosphere. She spoke in favor of maintaining a maximum height of 25 feet and prohibiting three-story construction. Belinda Howell, 222 17th Street, said Seal Beach is one of the few beach communities in California that has remained small, and she would not want to see this change. She stated that visually and aesthetically three-story residences in Old Town are disproportionate to the size of the city and its streets. She noted that three-story construction on Balboa Island had created a loss of air circulation and many residents now have to install air conditioning, and she does not want this to happen in Seal Beach. She thanked the PC and Staff for their work on this issue. 9 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of September 6, 2006 David Broonend, 307 14th Street, spoke in favor of a 25-ft. height limit to prevent loss of view, ocean breeze, and sunlight. e Jim Caviola, 1117 Ocean Avenue, spoke in favor of a 25-ft. height limit. He said he had previously resided at 305 Ocean Avenue and had planned to construct a new home there, but the lot was always shaded by the large homes that surrounded it. He stated that he had sold that home and constructed a new home at 1117 Ocean Avenue, and one lot from their home is Rene Bollen's property on which the condominium project is proposed. He described how as an attorney for a large developer in Newport Beach he has dealt with many homes having major problems with mold due to a lack of sunlight. As a result, landscaping is no longer allowed between homes in order to help prevent this. He said he did not want to experience this and recommended limiting the height to 25 feet and grlilndfatherlng those projects that are already in the plan preparation process. Ricki Layman, 119 5th Street, spoke in favor of a 25-ft. height limit, as she has a two- story apartment complex next door and the 37.5-ft. lot on the other side of her home may be placed on the market soon. She said if a three-story home is built on that lot, her property will be completely enclosed. She recommended restricting the height limit in Old Town to 25 feet. Mario Voce, 730 Catalina Avenue, asked if homes on The Hill are allowed a third story. Mr. Whittenberg stated that all of the residential areas in town, except for the Rossmoor condominiums, the Oakwood Apartments, and Surfside, have a 25-ft. maximum height limit. Mr. Voce said he favors the 25-ft. height limit in all residential areas in Seal Beach. He said that in visiting his old neighborhood on the 200 block of 14th Street the look is "highly monumental overall," due to the three-story homes constructed on this block, and this has definitely changed the character of the neighborhood. e Mr. Whittenberg addressed the comments on the issue of Covered Roof Access Structure(s) (CRAS) being very large. He indicated that at one time the City was allowing these structures without any design standards imposed upon them, but the standards were changed in 1992 when CRAS applications were allowed to be considered by the PC. He said that the size of a CRAS is now. limited to the area necessary to enclose the stairway. He noted that this issue can be addressed at a later time, as it is not the issue under discussion. He responded to the question of how large 1,700-1,800 sq. ft. homes can be constructed without any discretionary review. He stated that certain uses of privately owned property are allowed "by right," which means that if the project meets all City standards, the project may proceed and permits can be issued. He explained that for some design features or structural changes to a project the property owner may have to apply for a Conditional Use Permit (CUP), Height Variation (HV), Minor Plan Review (MPR), or a Variance (VAR) and have a public hearing before the PC to determine whether the project will be compatible with the neighborhood. e 10 of 16 ei 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 4 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 i City of Seal Beach Planning Commission Meeting Mimbs of September 6, 2006 Commissioner Comments Commissioner O'Malley stated that the objective of the PC is not to make the lives of residents miserable by changing the requirements in the middle of the stream. He said that when serving on the Sewer and Storm Drain Ad Hoc Committee after the last big flood, he learned how the flooding problem began. He indicated that when discussing some of the causes of the flooding, one of the reasons was determined to be overbuilding. There is a lot of runoff from The Hill as there are very few permeable surfaces or green areas to absorb the rain water, and as such, the water runs downward from The Hill and causes flooding in Old Town. He also touched on the issue of mansionization and how it is affecting neighborhoods. He noted that many of the public comments included the issue of fairness and constitutional rights, but what this is about is what is best for the majority of the people within the City of Seal Beach. He stated that the issues of having good air circulation, sunlight, having green areas to help absorb rain water, and neighborhood compatibility are all very important, and the PC must make recommendations that would provide relief to most of the people in Seal Beach, so that they may continue to enjoy their homes and their lives in this City. Commissioner Ladner stated that he is in agreement with Commissioner O'Malley's comments and spoke in favor of a 25-ft. height limit. Commissioner Roberts thanked Staff for a very thorough report, and he thanked the members of the public present tonight for their comments. He stated that in coming to tonight's meeting he thought that compromising by limiting lot - coverage and incorporating third story setbacks would help solve some of these problems; however, after hearing the comments from the pUblic tonight he has changed his opinion. He now believes that a 25-ft. height limit would be the proper way to go. He noted that being a resident of College Park East (CPE) he is a little hesitant to make this determination, but he loves Seal Beach and Old Town and constructing three story homes on the 430 lots that are 37.5 ft. or wider would tremendously change the feeling of the City. He said he would like to explore the grandfathering issue to determine how to fairly handle those people who have had the life vision of building their home to three stories. He indicated that he wished to hear from the public again after Commissioner Comments. Commissioner Bello stated that she agreed to accept the appointment as Planning Commissioner because what the City of Seal Beach looks like is very important to her. She thanked Staff for the preparation of the presentation and Staff Reports and she also thanked the public for their attendance tonight and for their comments. She emphasized that light and air are very important to residents, and the feeling of this community is like no where else, and she is very concerned about keeping Seal Beach the way it is. . Chairperson Deaton said she had received many telephone calls and has spoken with several neighbors who all agreed that having a uniform height limit for all of Seal Beach was important. She noted that although Surfside does have a 35-foot height limit, it is a uniform height limit. She said that she is still unclear as to why one lot size would have 11 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission Meeting Minutes of September 6, 2006 one height limit and another lot size would have a different height limit, and feels that this seems prejudicial and a granting of special privilege. She indicated that of all the calls received and conversations she has had only two individuals favored three story construction, so basically, what she has heard is the same thing the Commission has heard tonight. She stated that she has heard the snickering about light and air at the various public meetings she has attended, but anyone who lives in Old Town and must deal with plants that won't grow, mildew, and mold would not snicker at air and light, as they are essential to the well being of the community. She said she appreciates Staffs work and assistance in responding to her numerous questions and noted that the information provided on the FAR, infill standards, solar access, and fa98de articulations is important for all buildings in Old Town, so that the town can be kept as it is. She emphasized that City's Specific Plan and the Master Plan call for a .small town community." She said that every beach city has its own culture and attracts a certain type of person, and Seal Beach has attracted the people who are looking for the small town that vanished from all the other beach communities. She said many residents who live and work in Seal Beach told her that they could not come forward with a public statement, but asked that she help protect the small town atmosphere of Seal Beach. She continued by stating that she would be totally against architectural review as Seal Beach is a town of texture and it is not the business of the Planning Commission to determine which home designs are more beautiful, but their job is planning'on what this City should be. She noted that this issue has fractured the community and she encouraged residents to work together to get through this and to keep what is best for Old Town in mind rather than individuals and personalities. She ended by stating that she is also in favor of grandfathering for those individual who have already made an investment in plan preparation; however, she does not want to see everyone leaving the meeting tonight and having third story development plans drawn up, but she does feel that grandfathering is necessary for fairness. Mr. Abbe interjected that depending upon where they are in the development process under state law residents do have .vested rights, n so regardless of the ordinance that is ultimately adopted, some of these people will automatically be entitled to utilize the existing provisions. He said he would do further research on exactly where this line is to be drawn, and this will certainly be included in the ordinance. Chairperson Deaton then indicated that she wished to re- open the public comment period to receive further comments from the public. e e Mr. Whittenberg called for a recess at 9:30 p.m. The meeting reconvened at 9:40 p.m. Chairperson Deaton re-opened for public comment period. Victor Grgas, 211 15th Street, said he agreed that this is a divided community regarding this issue, and that the most important issues to be dealt with are as follows: 1. Architectural diversity 2. If the decision is made to permit three stories on a modified basis, the PC will need to give something back in exchange for this, such as reqUiring larger side yard e 12 of 16 e~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 4 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 i City of S9s1 B9sch Plsnning Commissicfl Meeting Minutes of September 6, 2006 setbacks or cutouts to adjacent properties that would allow for more space between properties. 3. Require that larger lots provide more parking on their property. He indicated that when he served on City Council (1982-1990) he was under the impression that the most you could build on a third story was 500 square feet, or essentially one room, yet the new condominium project proposed to construct a 1,500 square foot third story. He said he is opposed to allowing third stories, but should the PC decide to do so, it should impose conditions that would allow for more space between properties and require an architecturally pleasing design that works well with the neighborhood. Mike Buhbe, 412 Central Way, stated that the residential lots in Old Town should be restricted to ha"ving just one building on each lot. as this would enhance the visual beauty of the town and provide space between structures to help alleviate the threat of flooding whenever it rains. He expressed his concern that the sale of the Seal Beach Inn & Gardens would lead to the construction of one huge structure rather than using the six-lot location for six separate residences. Chairperson Deaton clarified that what Mr. Buhbe apposes is combining of lots in order to build one large structure. Mr. Buhbe stated that this is correct. . John DeWitt said he feels encouraged by the discussion toni9ht, as the PC has politely listened to all comments and he will leave happy believing that there is hope of keeping Seal Beach what it is. Craig Gibson stated that it appears the PC is favoring a two-story limit, but he wanted to note that owners of wider lots, must set back their side yards 50 percent more than for the 25-ft. lots. He said that the larger homes are not taking up land and preventing runoff, as they are being built up and not out. He said that if the PC limits SFRs to two stories, he would like the PC to consider that it would be fairer to make the setbacks a specific number of feet rather than a percentage of the lot size. Mr. Whittenberg noted that the trade-off is that when you have a 25-ft. lot, under Building Code standards you cannot have livable space closer than 3 feet to an adjacent property line, so you are automatically limited to a 19-ft. wide home; and when you have a 37.5-ft. lot you can construct a 3D-ft. wide house on a same depth lot, leaving the potential for a larger building area. He said the reason cities use a percentage is to begin to shrink the impact to the neighboring properties away from the property lines. Mr. Gibson stated that in the presentation he noticed that. other cities had absolute setback numbers. Commissioner Roberts noted that most of these other cities have greater setbacks than Seal Beach, leaving less lot coverage for the structure. Steve Cole, 222 1ih Street, said he lives in a single-story home and favors the 25-ft. height limit. He noted that although front and side setbacks have been discussed the rear setback can be a problem if there is a three-story structure looming up over your ba k yard. He explained how the setbacks between two 25-ft. lots would allow for more 13 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 City of Seal Beach Planning Commission Meeting Minutes of September 6, 2006 sunlight, air circulation, and permeable surface than you would from one home on a 50-ft. lot. He recommended grandfathering the plans in progress. e John Morgan thanked the PC for receiving comments and asked how the grandfathering is to be handled. Mr. Whittenberg explained that Staff would have to consult with legal counsel to make sure that they are in compliance with the guidelines for doing the grandfathering. Chi Kredell stated that during his tenure as a member of the City Council when zoning was changed anything that was submitted to the City and in the pipeline was grandfathered, and anything after that was disallowed. Mitzi Morton ca~tioned against grandfathering as this could create a whore other set of problems. She stated that the reason for the down zoning was because residents wanted to have front and back yards, but this is disappearing with the larger homes being constructed. She recommended having greater front setbacks for second stories to allow for more air and light. Don Kennebeck commented that in looking at his two-story house from the rear, he realized how huge it is, so he could only imagine how large a three-story house would look, particularly when next to a single-level home. He said that he would support grandfathering as long as it is done correctly. e Melinda Howell thanked the PC and Staff for their work on this issue. She asked where the 6-ft. front yard setback comes in. Mr. Whittenberg explained that the ZC requires an average 12-ft. front setback, with a minimum of 6 feet, which allows for a front setback of 6 feet and a second story setback of 18 feet equaling a 12-ft. average, or conversely, the first floor could have an 18 ft. setback with a second story setback of 6 feet. He stated that this provides for some diversity and prevents having the box look along a street if all the setbacks were at 12 feet. Ms. Howell then expressed her concern over combining lots to create one large structure. Mr. Whittenberg noted that this is another issue that will probably be taken into consideration when returning to the issue of mansionization. John Morgan stated that he has paid for the services of a local architect with whom he will meet on Friday. He said he had planned on constructing a three-story home. He asked what he should do now. Mr. Whittenberg stated that at this time there are no prohibitions on building a third story on the rear half of a lot 37.5 feet or wider, as long as all building standards are met. He said that if the City were to decide to change the standard today, by the time the issue comes before City Council for a public hearing and then for a first and second reading of the zoning amendment, it will take approximately 3-6 months. Mr. Abbe noted that there is an initiative on the ballot for the November election that will greatly change the law on Takings, and Staff plans to make every effort to resolve this issue before the end of the year. e 14 of 16 e~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 4 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 i City of Sa8/ Baach Planning Commission Maaling Minutss of September 6, 2006 Joyce parque asked if when building a new home now, the requirement was to put gravel on the sides of the home instead of concrete. Mr. Whittenberg stated that the City now has requirements within the Coastal Zone where homeowners of new construction must have French drains or a dry well in the side yard areas to catch the runoff from the roof of the house. She noted that the there are three-story home in Surfside, and homes on The Hill have first floor garages with two stories above them, which equal three stories, and these garages have rooms for nannies. Mr. Whittenberg explained that the garages are semi-subterranean and are not counted as a story or measured for height and these homes do meet the height requirement. Barbara Barton asked that this issue be moved on to City Council as soon as possible. There being n<? one else wishing to speak, Chairperson Deaton closed the public comment period. Chairperson Deaton outlined the following alternatives for making a recommendation to CC on this issue: 1. Continue this study session to next Wednesday night to receive more pUblic input. 2. Ask Staff to begin preparation of a draft Zone Text Amendment for City Council to be presented to the Planning Commission at the next regularly scheduled meeting and conduct a public hearing two weeks after this. Mr. Whittenberg stated that within two weeks Staff could return with some ideas on the grandfather issue. He said that once this is done Staff would have to prepare a Staff Report and formal language provisions to change the Zoning Code (ZC) by ordinance, which will take a while to prepare and requires a 10-day notice of public hearing. He noted that this would create a timetable for public hearings of probably the first or second meeting in October. He noted that the PC could adjourn to another date on which a regularly scheduled meeting will not be held. Chairperson Deaton asked Mr. Abbe if it would be possible to schedule another meeting for next Wednesday to review the grandfathering issue. Mr. Abbe stated that he could complete some research and have some options to present at that time. Chairperson Deaton asked if the Commission was in agreement with this. Mr. Whittenberg clarified that the intent of the Commission is to have an ordinance prepared eliminating the ability to build a third story in Planning District 1, which is Old Town, lind to prOVide a grandfather provision for projects currently under a design contract. Commissioner Roberts stated that he agrees with this approach, but he also feels it is important to discuss other issues as they pertain to homes on lots of any size with regard to roof pitches, garages, etc., separate from the third story issue. Mr. Whittenberg agreed that in order to complete this process by the first meeting in October the ZTA would have to deal solely with the third stories. Mr. Abbe stated that it is feasible to complete the process to implement a two-story cap with a grandfather clause by the end of the year. Mr. Whittenberg noted that Staff will not able to publish a ice of continuation of this study session, but would have Channel 3 broadcast this 15 of 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 City of Seel Beach Planning Commission Meeting Minutes of September 6, 2006 notice as a public information item and notice will be posted at City Hall. Mr. Abbe added that it is possible to adjourn to a meeting like this without having to go through the whole publication process. e MOTION by Roberts; SECOND by Bello to continue this study session to Wednesday, September 13, 2006, at 7:30 p.m. to receive public input, review grandfathering proposals. and receive from Staff preliminary draft ordinance language for setting a height limit of 25 feet within Planning District.1. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None STAFF CONCERNS None. COMMISSION CONCERNS Chairperson Deaton thanked Staff and the public for all of their assistance. e ADJOURNMENT Chairperson Deaton adjourned the meeting at 10:22 p.m. to the adjourned meeting of Wednesday, September 13, 2006 at 7:30 p.m. Respectfully Submitted, Carmen Alvarez, Executive Secreta Planning Department APPROVAL The Commission on approved the Minutes of the Planning Commission Meeting of Wednesday, September 6, 2006. e 16 of 16 e e e Zoning Te:tt Amendment 06-1 Proposed Revisions to Provisions of Zoning Code re: Height Limits in RMD and RHD, District I, Zones (Old Town) Planning Commission St'lff Report September 20, 2006 ATTACHMENT 3 SEPTEMBER 13, 2006 PLANNING COMMISSION St:UDY SESSION STAFF REPORT, INCLUDING ATTACHMENTS: [J SEPTEMBER 6, 2006 COMMISSION . STUDY PRESENTATION MATERIALS COPIES OF ALL WRITTEN COMMUNICATIONS RECEIVED BY THE COMMISSION AT THE SEPTEMBER 6 STUDY SESSION PLANNING SESSION [J ZT A 06.I.Height Limit in Districtl.PC Staff Report 14 e September 13,2006 STAFF REPORT To: Chaixperson and Members of the Planning Commission From: Lee Whittenberg, Director of Development Services Subject: STUDY SESSION - AMENDMENT TO ALLOWABLE . . BUILDING HEIGHT ON LOTS 37.5 FEET WIDE OR WIDER - RMD and RHD ZONES, PLANNING DISTRICT 1 - "OLD TOWN" . . SUMMARY OF REQUEST Conduct Study Session and provide direction to Staff as to desired actions. DISCUSSION e September 6, 2006 Study Session: The Planning Commission conducted its first study session on the issue. An overview of the current requirements and standards for residential development in the "Old Town" area was presented, along with iDformation regarding residential development standards of other coastal communities. The Commission received public comments from 16 persons on the issue and after extensive discussion determined to request staff to begin the preparation of a "Zone Text Amendmenf' to amend to Zoning Code to eliminate the ability to construct new residences higher than 25"feet and 2-stories in the RMD and RHO, District 1, ZoneS. The Commission also requested staff to provide additional information regarding different options the City could consider to "grandfather" projects that are currently being actively pursued by a property owner or potential property owner to build in accordance with the current height standards, and determined to continue the 'Study Session to September 13. Please refer to Attachment 1 to review the presentation materials presented at the September 6 Study Session. Attachment 2 provides copies of all written communications received by the Commission at the September 6 Study Session. Attachment 3 provides copies of all written communications received by the City after the September 6 Study Session regarding this matter. e Z:\My DccumentslTbird Story lntorim OnIiIwIce\Smdy Session.PC StaffReport.docILW\09-08-06 Study Session -Amendment to AUowable Building Height on Lots 37.5 Feet Wide or Wider - e RMD and RHD Zones, Planning District I - "Old Tawn" Planning Commission Staff Report September ]3, 2006 September 13, 2006 Study Session: The main purpose of this study session is to allow the Commission and interested citizens to comment on and discuss the proposed language regarding the differen~ ways the City could "grandfather" projects that are currently being actively pursued by a property owner or potential property owner to build in accordance with the current height standards, which allow for a maximum height of 35-feet on the rear half oflots that are 37.5 feet or wider. Information regarding this "grandfatherint' issue will be presented at the Commission meeting by Staff and the Assistant City Attorney for the Commission and interested citizens to review and provide comments to the Planning Commission. . The Commission also requested Staff to begin preparation of the necessllI}' Zone Text Amendment documents that will be required to consider this matter.at a future public hearing. A copy of the ''Drtift Staff Report' is provided as Attachment 4 for the information of the Commission. Please understand that this ''Draft Staff Report' document may be further revised based on any additional direction that the Commission may provide to Staff and the Assistant City Attorney at the conclusion of the Study Session. ' e RECOMMENDATION Conduct Study Session and provide direction to Staff as to desired actions. Whittenberg, Director Development Services D Attachments: (4) Attachment 1: September 6, 2006 plAnniT1g Commission Study Session Presentation Materials Attachment 2: Copies of All Written Communications Received by the Commission at the September 6 Study Session Attachment 3: Copies of All Written Communications Received by the City after the September 6 Study Session e Study SessiOll.PC Sta1fR.epotl 2 e e e Study Session - Amendment to Allowable Building Height on Lots 37.5 Feet Wide or Wllier- RMD and RHD Zones, Planning District 1 - "Old Town" Planning Commission Stqff Report September J 3, 2006 Attachment 4: DrtiftSttiffReportre: Zone Text Amendment 06 -I, Amendment To Allowable Height On Lots 37.5 Feet Wide Or Wider - RMD And RED Zones, Planning District 1 - "Old Town" '. '. I Study Session.PC Staff Report 3 e e Ie Study Session - Amendment to Allowable Building Height on Lots 37.5 Feel Wide or Wider- RMD and RHD Zones, Planning District I - "Old Town" Planning Commission Staff Report September 13. 2006 ATTACHMENT 1 SEPTEMBER 6, 2006 PLANNING COMMISSION STUDY SESSION PRESENTATION MATERIALS Study SessiOD.PC StaffRoporl 4 ftJ '\t~: ,,,I ,';.. ,.,t "i ~. :l'l !tJ 1;'\: ~:': j.~ ..., ~" !l ,4' (. ~J. .;~ ~~ ~ :.;1 ,,' :..: "~I ~l\ ..: e t-4 ~~ 0~rJ'J t~ ,0 ;~O ~ ~~t...a t-40~ ~ p\C ~O r.n~ .Z~ O. ~ I-t OJ ~~ i ~ ~ fro Oel) U' ~z ~g z~ ~ ~ r~ ,,4-lp 0; ~l. ~ '-' ,,' ~ ~ .'- '" . r"lp ~o ,/7'> . .t: ~ "G/' . .. r: :: ~ r"l ..~ H. f :'.. +-'-I ~~ ~ ~ t' ... 'Q.) ~ en en OP.+-3 o u en 'P~ g Br-gu 'p ~ . d~~ O~u u . .~ t;g q Q),~ ~ ~~ ~oen ~ ~ 0 ,~~Q) . u~ ~> .-0 Q) Q O~ 8~ ~~ ~ Q) cJ5~tI)S og~~ Q)~o~ ~E~g ti .e- Q) u .-0 . P acJ5 8 5 ~o , , , , ..' . r-. r-. ,en ~. S < ~ "" ~ o ~ o en en H .~ ~ e ('L. .e- ~ ('L. 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" ~ ~ o '.0 ~ ~ ~ CrJ ~ t1 ~ ~ +-l ~ g J5 ~ ~ ~ o 0 ..j...J ..j...J en r./) ~ ~ lU a.; ~ ~ ~~ rJ CJ CrJ ..j...J Q a.; S lU 'S g ~ cr"p 0 a.; ~ ".0 ~ ~. ~ CrJ U "g..j...J Qj "S ~ ~ ~ <G lU ..j...J ~ ""0 i1 ~ ~"-l "0 ~ a.; en ~ ~ rJ rJ rJ I CrJ ""d ~ ""d d 5 r:n ..j...J Q lU S ~ o -.! ~ a.; Q EB' ~ rJ e e e ~ o 2 ) Z e e e Study Session - Amendment to Allowable Building Height on Lots 37.5 Feet Wide or Wider- RMD and RED Zones. Planning District I - "Old Town" Planning Commission Staff Report September 13. 2006 ATTACHMENT 2 COPIES OF ALL WRITTEN COMMUNICATIONS RECEIVED BY THE COMMISSION AT THE SEPTEMBER 6 STUDY SESSION : study S..,ion.PC S1JffRcport 5 e Carol Allee-Clark 318 15th Street Seal Beach, CA. 90740 c/o Mr. John Bahorshi Seal Beach City Council & Planning Commission 211 8th Street SealBeach,CA.90740 CItl of SIIIllIeh SEP - 5 2006 Deve'opmentSvcs. Dear Council: I . I would like to give my input as a citizen/resident of Seal Beach on the subject of "mansionization." Old-town is where regulation is needed the most. 1. The renowned atmosphere and charm is being rapidly lost through the construction of these "monster houses." e 2. Mansionization reduces or eliminates light for adjacent structures and gardens. 3. Mansionization creates dampness which encourages mold. 4. "Cookie cutter" applies all the more when you see rQ\I!Is.Qf.V!~se.l)arrow cracker box houses being built.by developers for avarice'instead of any planning to enhance the community. Where and when do the planners help to enhance the city? Real value and livability of a town comes from diversity of houses & preserving a lot of outdoor space. 5. Certain houses are particular eye sores and a disgrace to our supposedly small town atmosphere. . This is all the more true when the house is huge and takf!3s up in part 3 stories, practically using up th'e whole land space such !IS the house on the southeast corner of Landing and 13th street. It takes up almost all of the skyline and looks ridiculous. What small town atmosphere? Therefore we recommend that ALL houses I!lhould be limited to 2 stories. ,',",". 'i.1 I' ;":", Sincerely, 't!!~jJ ~~~I1<"~~ . C!lr~l ~i!~e-~JEtrk .' \ I ~. I- ~ I. ~. . ~ :" .... :.... ". ~, I e " . .L. ":" .:7 J '" . p" ":l"I~I.~ :::;-;.,;..,'. ,."', J :,1 I,;' .' :..': ~ .. '. f" Dear Mr. Antos, e My bedroom window gets no wind. I must run a fan all s~er to keep cool. That was never the situation ~hen I moved to Seal Beach. I request the city put a stop to all this 3 story madness. We want a low level, old town. I think that I will loose a lot of blue sky if we do not stop 3 st . es. C\\Jot&ll\leacb SEP - 5 2006 oeve\OpmetltSvcs. e e ~. t ~1 ~ . \ ~ ., ~ ( .~ ... ... ~~ i ~~"\~ " - ~. I"'l' If '6 fu 8m .! ~ 10 0) <( ~t'lO W% $ .sG 4. t'l QI ~ ~ Q) a a:l ~ .- _ 0 cQ ., - Ii S- O -cP- t>> -0 . ~- -c:- aU 11 - -r en 0 ~c: ~"8 - - ~ - itS -.- ft.B cP:;;S;; ~-~ -~~ ~. II - 50 uS::: s=-F ~--- 0== .- -G 4t:i -G -:j .~ in == -.: -.: -.: == ~ ~ * A-: * ~ ~ - i~,~i * ~ == * - * : ... ...::. \ it;~ ~ g~~~ -; *g 9;'~ J 0<" ~ <" == J\' The City of Seal Beach City Council and Pl..nning Commission c/o City Manager John BahoISki 211 8th Street Seal Beach, CA 90740 We have owned our home at 1013 Electric Avenue in Seal Bellrh for over 18 years. We move to Old Town because it had the smaI1 town feel and open spaces. The charm that Seal Beach has is being eroded by over sized houses. We oppose 3 stories on all property with the exception of Ocean Avenue on the beach side from Main to l't street. TomQuiDn ~ ~~ 1013 Electric Avenue ~ Seal Beach, CA 90740 CIty of SRI Beach SEP - 5 20C.i Development Svcs. e e e The City of Seal Beach City Council and Plllnn;71g Commission c/o City Manager John Bahorski 211 8th Street Seal Beach, CA 90740 e We have owned our home at 1013 Electric Avenue in Seal Beach for over 18 years. 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" " (/ /. ~ t:f2..., ,';u /."...; ;)$' ~ (i 2> 'f l:l- r sf- /Vt e,...- fl- e 1629 Seal Way Seal Beach, CA 90740 August 31, 2006 City of "Beach SEP - 5 2006 Development Svcs. Seal Beach City Council and plAnning Commission C/o City Manager John Bahorsld 211 8th Street Seal Beach, GA 90740 Dear City Council Mem~ers and PJAnning Comm;"''''loners: I am writing this letter to support a consistent 25 foot height limit for the Old Town area of Seal Beach, regardless of the width of a lot. Living in an area with 3 story homes nearby, I can say from personal experience that these larger homes do adversely impact the neighborhood. One of the main issues is a lack of privacy. This is exacerbated by having a big bulky structure nearby that can block _ the ocean breezes and the sunlight. ., It mA1cp-s no logical sense to me that with a lot 37.5 feet wide or larger, that a much larger structure can be built on the property. And these much larger buildings will ~e built. As real estate values continue to increase in the beach area, builders will desire to "max out" on any new structures. They will want to construct the largest possible building permitted by code. After all, it is in their economic best interest to do so. So what will be the result over time? We will have McMansions next to smaller houses - and what then will happen to the small town atmosphere of Seal Beach? Will it become just a nice memory? The leaders of Seal Beach have an opporttinity now to take the action necessary to preserve and protect our home town. I hope that you do take this action. Yours very truly, f::~~; e e e e 41/, I"~ Dear Mr. Antos, Ifpeople can not live in a nice one or two story home in old town Seal Beach they should consider another place to live. I say NO, NO, NO to all 3 story development t?.-.71 - ,...... I I S;...,v I I IT ~ m IV ..,....... .. ~~o~J I L..j- s--r". ." CltyotStllIuCh SEP - 6 20116 Development Svcs. .YAaootMAIL Print - Close Window Date: Sat, 2 Sep 2006 18:24:51 -0700 (PDT) From: "Lee Melody" <lmelody@leemelody.com> Subject: 3rd Story Houses To: MAVJKA2000@aol.com Cl\y ot SUI B.ICh SEP - 6 2006 DevelOpment. Sves. e Dear Councilman Antos, In respODse to your request for comments regarding 3rd story houses in Old Town, I would like to give you our thoughts on the subject. We live at 236 15th St. On our north side is a 3 story home. The 2nd lot from us on the south side is a 3 story home. One house across the alley has a 3rd story and another house across the alley on a 25' lot has a 3rd story deck. The house across the' street on the west side is a 3 story and directly across from our house is an approved building plan for 3 houses on 25' lots" that will have 3rd story decks (they are tearing down 2 one story homes on 371/2 ft lots to build these 3 houses). So, you can see that we have experience with 3 story homes. We are surrounded. So whatever the decision the City makes does not affect us. Therefore, I would like to give you our opinion. Three story homes on 37.5 lots and 3rd story decks on 25ft lots are obtrusive. They block the sky and the sun. If they are next door to you the massive size of these houses cause darkness inside your home and gives one a feeling of living in a hi-rise city. For the future sake of homeowners not yet subjected to 3rd story houses I would hope that you, the City Council and the Planning Commission would change the zoning to not allow 3rd stories anywhere in Old Town. In my _ opinion it will add to property values and maintain the small beach town atmosphere that Seal . Beach has always had. By the way we have lived in Seal Beach for 15 years and 6 years ago built a new home at our current address. As anyone can see passing by, it is not 3 stories and does not have a 3rd story deck, not because we did not want one, or could not have had one, because we felt that our small foot 37 1/2 foot lot would not be esthetically pleasing at 3 stories. Thank you for the opportunity you have afforded us to express our opinion. Sincerely, Lee & Donna Melody . P.S: Please ask the people responsible for the City's website to bring it up to date - the current home page feature Santa Fe-by the. Sea and the used bookstore which have been gone for years. Lee . ': . '. '. . _ ':," J ~ ~ . e rr{!L- .,~-- . \' ~ - " .". ,. l~'\, .~. '~;(l...:. . I:.: -----.. ~. ... ~;: .,i:.:" ,~~.:- ~H'" . '. ,.if:!. 0;1_"1:" ~,~~: :.;tjl. . - ..._.....~~.~- .______.__.._.21 ~t:; d-~_. ..'(.. e .-. ': .':;'~-. " ~J~t.0y: ~t 11'\,'-'" \r. . . '. -, '. . . r-7 ." ,..~;(.: .t..>;"r{o ~ . : ~ , . "i. -- ':, ," i ::':'" ~ ,. .~~:I . -~.. ..... .~. r. . 1 i . . '--.-- - .:.. .-, '. .. . -- ":). .. .\ ...:.,;. "- . ~I ~.. . , .,>A .. (' .' , . '. ('f ~. " Ill! , " '.:". . .- ,. e e e Sept. 3, 2006 Mr. Antos, We do not want our sea breeze destroyed. We do not want expansion. We do not want thiee story anything to be built in our town. Please do everything you can to stop all 3 storieS. :;;;; ~ ~ Susan aIkins Old town S.B. C\\Y at St8\ &eaCb SEP - 5 luas oeve\opment Svcs. c\\ycdSM\BeaOb SEP - 5 2006 Development Svcs. September 3, 2006 To: The City of Seal Beach City Council and Planning Commission From: Peggy Morrison 314 1.7th Street e I welcome this opportunity to voice my opinion on notification for future develop- ment. In recent years I have survived the construction of 8 homes and one addition on three sides of my home. I could go on at some length about the trauma and destruction that these proJects'caused to me and my property, but this is not the time for that. While I believe that we have missed the opportunity to keep old town small and are addressing the mansionization issue too late, I fully and strongly believe that we must' do..sQm.mbllJ~otif}i'nelgblSbrs'of'impending'dernolltlon -and ool'lstFUctiOW In my own case, my next door neighbor did not have the consideration to notify me. I can speak at length of the disruption to my life, privacy, airspace and light. It appears that many of our newer residents do not plan to live here very long and are not at all respect- ful of their neighbors. All that Is of concern is build the biggest and get the most. I see evidence of this every day. I have had the pleasure of living in Seal Beach for over 54 years. While I could live anywhere In the world, I choose to live here. We who consider this our community and not Just a springboard to wealth have r,een ignored. When I have gone to the city with concerns about vandalism,graffitl or violence, I have been told. well, what can we do? And nothing is. done. Only Mr. Antos has been very responsive when I have directly contacted him. Quality of life cannot be 60ught. Many changes have already negatively affected the quality of life in old town. Lets stop catering to developers. Lets leave more open space In our "quaint" town. The "quaintness. quotient is diminishing with each big wall that goes up. We are becoming the Newport Beach or Huntington Beach that we said we never would. Please help this trend stop and prove that is not too late. Si';, P.S. Regarding the questionable activities and ylolence around the pier, I have 2 words-.surveillance camera". Lets raise some money and put a few around for the vol- _ unteers to monitor and get this under controll' . e e September 3, 2006 aJtv of Seal BlICh SEP - 6 2006 OeveJopment Svcs. Seal Beach City Council and Planning Committee City Hall Seal Beach, CA 90740 Dear Council Members, Today a neighbor in Seal Beach showed me the notice of the meeting scheduled for Wednesday September 6th to provide public input regarding changing building codes for old.town. I was previously unaware of this Important hearing. I may not be able to attend the meeting so I am providing my written comments. . First. I believe a notice of a new build should be required to all neighbors within 300 feet. Second, I believe the maximum height of a build in old town should be limited to two stories, e Old Town Seal Beach has its own character and attractiveness. It is a beach community where homeowners and renters alike really like their community. Primarily, long time residents' stay and newcomers move to old town because they like the town as it is now. There are many single story houses, and an increasing number of two stories. Space between houses on 25-foot wide lots is only 6 feet. The maximum height is two stories. Building codes should in force to protect.the existing community from new builds that dramatically change the appearance of the community. A three-story structure is imposing. It blocks sunlight to the direct neighbors and creates a visible barrier to the surrounding community. The current code for a 35- foot lot allows for only a portion of the build to be 3 stories. If the code was changed to allow for the entire build to be 3 stories am concerned the city would slowly change into 3 story apartment or condominium buildings. I do not want to see old town change into higher rise buildings. Property right issues are not in a vacuum. Property rights do not give an owner a right to do anything that he/she wants to do with the property. Every right has a responsibility to the greater good. Otherwise there is chaos. People's rights are interlinked with other's rights. The health, safety and concerns of the community at large and the concerns of the neighbors need to be considered. e Unfortunately. homeowners, real estate agents and real estate developers often e have competing interest. Real estate agents and real estate developers are in business to make a profit. They have the advantage of their business experience. and the access to consultants in law, business and finances to frame their position on issues. Their various business plans may not coincide with the welfare or wishes of the local community. One of City government responsibilities 'Is to have vision. Vision would include not only acknowledgement and respect for the past and what is WI the best interests of the residents for the future. What is the vision for old town? A master plan for the community should be developed that respects the wishes of the property owners. Such a master plan would require a vote of all property owners In that affe~d community. A reasonable approach is to first develop a master plan. In other words, frame the issue involved and then allow resIdents to vote. A well-publicized public hearing is a beginning. Thank you for the opportunity to express my opinions and concerns. T.F. McCarthy 1516 Ocean Avenue Seal Beach, CA V.vvo ~c;C~ e e e e e Council Members of the City of Seal Beach 211 Eighth Street Seal Beach, California 90740-6379 September 4, 2006 City of Sell StICh Stp - 6 2006 Oevelopmenr SVCs. Dear Council Members, It has been brought to my attention through the media, other concerned citizens and interested city leaders that. the City of Seal Beach is pondering how to p'roceed with defining the building policies of the communio/.. It appears that there are codes for building, however, these codes vary throughout the CIty and are open to "interpretation". Regarding the latest issue of three story residential buildings: It is my opinion that there is 'no' place in the City of Seal Beach where 3 story residential structures are appropriate _ . . (period). Old Town is a small conclave unique to the coast line of California. The character of the community needs to me maintained. Building hlghrise apartment and condominium buildings only brings a congested higher-density to the area that is already impacted by overuse and overbuilding. Those resiclents now living in the Old Town community are already having a difficult time with congestion and parking. Why would anyone want to add further congestion to the area by allowin9. three story buildings? Tht:! possible answer- greedl Tenet and landlOrds want to reap higher profits by' building high-density (high-rental-cost) housing thus congesting our beautiful community with little regard for those now IMng there. Further more- It is my opinion that the City of Sear Beach needs a Long Range Plan (that is followed) to determine how the city will develop into the next decades. A first step in this planning . would be for the City to hire an outside agency to develop and assess a building plan that woula be viable with the culture of the community. . An out-side agency could give recommendations to some of our communities problems listed below. . I see multiple problems going on in the city planning and public works departments. . As I walk around the community I see: . . Utility wires hap-hazardously hanliling from poles gMng rise to a feeling of "uncared for" areas decades behind other local communities with undergrouncl utilities. . New construction being built that far surpasses the ethical consciousness of building environmentally friendly. '. . Streets being resurfaced at the east end of Ocean Ave are being refurbished in a manner which is a disgrace to the city. The missing curbs are not b~ing addressed as stated they would be, rather they are being filled in some places with asphalt- other areas are not repaired at all. This Is inconsistent with the newly paved curbs and streets west of Main Street and north of Ocean Ave. . The surface of these streets are uneven and:done with poor quality asphalt. Has anyone inspected these newly paved streets? The job done is not worthy of paymentl The resurfacing doesn't even go all the way to the boardwalk. . . The fssue of curb-side parking. We residents watch beach people bang into others parked vehicles as they try to squee~ into too small parking spaces. A solution may be parking stalls painted on the overly congested north and south sides of Ocean Ave? Another suggestion- make the south side of Ocean Ave east of Main Street "Permit Parking Only" with parking spaces painted on the pavement. Leave the north side of Ocean painted space. limited one hour parklng- except for those with valid parking permits. This may enCdurage beach visitors to use the paid parking Jots near the pier rather thliln to congest the streets where long term parking is now permitted. . This beach community needs bike paths. walking trails and a pedestrian friendly e environment that encourages the use of our inherited coast line. While, at the same time, developIng a conscious perspective that protects our ocean resource and the residents property from the disrespect given it by beach goers and outsiders. The City of Seal Beach needs to define a PLAN that is worthy of this wonderful area - a plan that is followed! Respectfully submitted, ~~ l'h~ Sandra McCarthy Homeowner 1516 Ocean Ave. : Seal Beach, CA 90740 .. e e e e e 9/4/06 Mr Antos. 3story buildings are not compatible. with the old town atmosphereJwe live here for. My vote is to prohibit them as the, semi third story "dog houses" were prohibeted years ago. Please do everything you -can to help the people that love this town for what it is not, for the money they can make. ,. Thank Yau Old Town 14th St. L-AI-tc- f IJ 5 city of SIll BHch SEP - 5 2006 Development Svcs. Don and Ginny Kennebeck 209 3nl St. . Seal Beach, CA 90740 September 5, 2006 e John Bahorski City Manager 211 8th Street Seal Beach, CA 90740 CitY ot sea\&eactl SEP - 5 2886 Oe'le\01lft1ent Svcs. Dear Mr. Bah9rski, My husband and I are not able to attend the Planning Commission meeting tomorrow evening and wish to voice our opinion on the development of3 story homes in Seal Beach. We are firmly and strongly against it throughout Seal Beach here in Old Town. Our homes are so close together and affect each other's sunlight and sea breeze already, that a three story edifice within 6 feet would be an abomination as weIl as an injustice! We are usuaIly in favor of keeping government out of people's lives but this decision effects all of us who want to live together in a modicum of peace and community. The strife that these "mansions" have caused this community is already heady as you know. .- Most of us, I believe, do not want our community to resemble Redondo Beach, .. Manhattan Beach, Sunset Beach or even Huntington Beach. It is probably inevitable that the beach cottages will eventuaIly disappear, replaced by two story homes that afford more space and amenities, but please, put the brakes on the unfettered building of three story homes, even on 1/3 of the property. Our airspace, light and air is precious and can not be reclaimed if someone (developer or individual) who buys property here can take it away by our current building codes. It is a quality of life issue for all citizens that must be considered by our Commission and Council! We respectfuIly request you vote to repeal the current codes that allow building 3 story buildings in Old Town Seal Bea . =hapk you in advance for your consideration. Don and . y 209 3nl Stre Seal Beach, CA 90740 e .' e September 5, 2006 Cl\yot_&eacb SEP - 6 2006 Development. Svcs. Dear Councilman Antos, e My husband and I are writing to voice our joint opinion Re: your recent notice of the September 6th Public Study Session on the housing height limit for Old Town. . We strongly support a uniform height limit of ~ stories regardless of lot size. We believe that to have two different height regulations, dependent on lot size, is discriminatory and will sooner or later (probably sooner!) lead to protests and accusations of bias from those single-let owners who wish to extend their height level for the same reasons the double-lot owners wish to extend theirs - view and space. Wherever an individual decides to build a home, we feel it behooves him/her to respect the integrity of that community. Here in Old Town, with homes packed so tightly together, that includes respect for one's neighbors. A respect for their rights to light, view and space that deserve nQt to be impacted in a negative way. It all comes down to the question of where does one neighbor's fist stop and another neighbor's nose begin? Yes, we as property owners enjoy our individual "rights". But we also need to be aware of and respect our "responsibilities" as members of the larger comrp.unity. Here in Old Town that means preserving the quaint atmosphere.that attracted most of us to live here in the first place. If we need to rewrite the codes that will preserve and unify a height limit of two stories, then let's get to the business of doing just that. '. Sincerely, tZ..,l.); ~a1~ Harlene Goodrich 222 6th Street Seal Beach Michael Goodrich e DALE E. NELSON llilO SIXTH STREET !ilEAL BEACH, CALIFORNXA 9074.0 e city ofSHlIl_ 5fP - 5 2006 Development Sves. September 5, 2006 Seal Beach City Council and Planning Commission c/o City Manager John Bahorski 211 8th Street Seal Beach, CA 90740 Dear Planning Commission: I regret that I will be unable to attend the meeting on Sept. 6, 2006. e However, I wish to voice my objection to the erection of 3 Story buildings in Old Town. I feel definitely that neighbors should be notified of plans to build a high rise as it may destroy their view as well as cut off the sun light. The welfare of the entire neighborhood should be taken into consideration. I hope you will give careful thought imd stop allowing 3 story buildings on any size lot. Sincerely, ~;.~~..~ T ~ Eileen T. Nelson (homeowner) e .' I e e Sme CDle IUJd,Me1indaHuwe11,.CDlIl ZZZ 11* Strfet, Sa BI!IIdI, CA. 90140 (S6Z) 43O-ZZ30 September 6; 2006 Via e-mail Cllyot StIlIeaCh SEP - 6 2006 Development Svcs. City Councilman Charles Antos The Seal Beach City Council and Planning Commission 211 8th Street Seal Beach, CA 90740 Dear Councilman Antos: Thank you for your request for input regarding the boilding of three- story homes in Seal Beach. We oppose furtlier such. boilding. Seal Beach appears to be one oftb.e few small beach cities remaining in Califomia. . Its charm is that it is still a small beach city. Steve has long been a resident of Seal Beach; he purchased the home at this address in 1976. When we manied, and Melinda moved from Pasadena., she left behind lhe beauty ofyurds. trees, and the feeling of space Il1'OIltl.d homes, for the pleasures of sea breezes, beautiful skies, and tb.e small-town chBI'lIl ofS eal Beach. Aesthetically, three-story residenceslbuildings are disproportionate to the size of tile city. Many of the stree1s in Old Town Seal Beach are very naIIOW. The residential lots are small- even those 37 feet wide. Three-story residences take up too much space! Three-staxy residences impede air flow. One of our joys is that when we open lhe windows and doors. fresh breezes flow 1hrough the house. We do not need air-conditioning. While on Balboa Island not long ago, Melinda got into a conversation widt a long-time resident of the Island, a real estate agent dtere. The woman expressed her di.streBs at 1he growth of the Island. She recalled days when she opened her doors and windows to fresh air breezes. Those days she said are gone. Wi1h the residential growth, appearance of three-story homes, and loss of yards and airspace, folks are needing to add air conditioners. Many of the small beach houses are gone. Lmger homes have taken 1heir place. Lees stop the grod now, before the small-town charm of Seal Beach is only history. As an aside, we have become a consumer society.'~ "I want as much as I can get." Bigger means better. Air-conditioning? Bring it onl Water? The more 1he betterl I.ignting? The brighter the betterl If one needs a three-story home, one ought to move somewhere other than Old Town Seal Beach! Respectfully, StIfJ. cot:. antl9flllilllla !llDwIt&<:ot:. cc: Lee Whittenberg (via e-mail) 10hn Bahorski (via e-mail) b ~.)LPP~ C\\'Io\-~ e sa> - 5 ?~~ ~ ~~ t9JJ~~~(Y1d~ (bib j,llr~IWJ<WW~/pJd J~~~p:~tJi#V~ J.II!p-/Pvrl"...r..- ~~ aJ~ ~~~~~ :iWY~~ ~.. 1IJLbP.vJIY ~ .iA.- dt~ t;b~~~~~ · Jr~~i;:J._tb . if1_ ~~~~..~~ o-.d -tKw A:.- lJJlAV.J4- . ;Jb5. ;;~ ~ d? ~ .ftIt~j;-~, .... ~/f>VPJAw,~ ~ ~~.'l! ~J ~{}1rL ",..._coak ;l\ ;39 IOtb stteol . Seal aeach. CA 9O'l4l)o6'lO\ , ~ e " e e . . 9tt&.$~, Ct5 ~\otC~ ri6.~nij ~~ . Sa.rt, ~ 20~0. I . . \ . ," . ! .klJw.... d~0 ~~~~_.. . _ .'. ~.::. -nM~ ~.(-~ w...-t( ~ ~~ rd S~.13~k r~t'AVhLW 1t:c- ht$+t1t'-~~ '~....J-' 16"1 It. u:-ty tr~ ktd. ~~s {i.-t Cod'!. r-d\d..-t.....-/.. tiiLj~ ~ZJ W'/,~ P-~j~ ~ ~J ~ tk- P,UJ~ Jr /vL.6-vte~' . .. /ke, ~_-tt:. ~ rPd/.~(Y~-e.r- tJ-/ .5ufl e~~ ~~-- L--{- lr &rJ..-dL-~4 ~ elL tv~ "'~/~& -tg" 1C1~-ry :.;5'!" ~ ~~~ D-flL; tu:c J c ~~ tt..d~..- l1- JLi .L1i ~ ~~ eottifr j.c.~ ~ fl.o~ (,'1 ~~~O/ ,-~ ~1. --I=-- .~"""'- ~J krJL'~ -m~ 'fj-r ~'j~r 0--.-' et. ~ , . . . -rbfne., J ~ e.~+r-e.~ (2.a..I.L~a~ ~ rl.$+~IIL{.4..+ h!.fbre... +r'-Vt,JI~ t:lo,--,^ Jt;.G. v-~",J o-f i'll-piA c.~je.. v..:.. 0 I J l6v.-.- ~(. rg~~, . "Re.!ptt2.e-r-fv 1) .6\.1 1,.\l'vtJ-tr~ ~-;P.Q~J>- iF) ~5 ~~ ~-t: ~ ~1G~~. , .' Charles Antos, CouncilmllIl: e We are of the opinion that there should be no more three stoIy properties built in old town" nor covered. tbird story stairwells. Wet rarely see these roof decks being used. AdtliT1g any superlluous structures usUally is ugly and only hinders smroun.ding privacy. It also dwarfS and shAIlp.!S the neighboIs and obstructs their view. Jack I)Il.d JoAnn Bettenhausen 1311 Sea! Way : . ~i.::,~ ...~ ;;" ..:. ':, e . e e Letters Recommending No Change To Current Regulations For' Third Story' Development e Planning Commission Meeting September 6, 2006 e ~ ~ \'I\(,"N--J)--~ CifM. (\. ~ ~ S \:::.L.- 1 cavotSlllI- SEP - 5 2006 Development Svcs. . . \J-..S <J- V\.b'(V\-<" ()U.) Y\~ .I...fi-l C) \.. J.... '\ i) l0V'- d \..0 ~ c9-. be. \J"'- '(r ~ ~ ~ '3 ";:)-\ \>'L'1J n.~\)~ ~()~- ~ ~a\U-Cs' v...:> ~m.Je 0 I\~) . ~ ~~ G" \Po.slc hJ{ 6\J '61 /::> l a-t \P ~()~ "'- ~ . ~ ~ ~b--"-w\ 6uJ<...; I>>:-~ ~~ ~ lDcJ-'~ r..\W.~ ~ ~ S~IJcp, ~ "vv~ '\..bO~ ~\CL 'o\c:;c.\L.S -L \o~()clc:>6t \;:Y-t~~- · ~\~ ~ (SU.)L ~lY\ln c:::>xV-.J-.u V--el.~ ~llfl- u. (~ . , '"' \ ~...v.- Sk-- e '.e 224-1Sth Street Seal Beach, CA 90740 September S, 2006 Seal Beach City Council and Planuing Commission cia John Baborski, City Manager 211-8th Street Seal Beach, o.1ifornia 90740 Dear Members of the City Council and Planning Commission: We have resided III 224-15th Street, Seal Beach, for the last thirty years, and in Old Town for in excess of fifty years. As long term residents, we are in favor of the height limitation of 35 feet on the back one-tIJiId of lots 37-112 feet or wider and 2S feet on lots 2S feet wide. e We already have thn:e story residences in Old Town as well as in the gated cormmmity of Surfside. Tbe two stOry height restriction on our 37-1/2 foot lot will lessen the value of our property. Thank you for your consideration. Very truly yours, A ~l~~ Don Mabe Lana Mabe C\\yot SI8\ 1m" SEP - 5 2OD6 Development SVC~. e e Seal Beach City Council Planning Dept. City Hall 8th Street September 06, 2006 Dear Sirs:- C\\'I ot seal aeacb SEP - 6 2U05 oevelopment SVC$. We are in favor of keeping property owners rights to build a third story on one and a half or double lots. e -- ...... e JIM KLlSANIN WORKING BY REfERRAL 321 MAIN STREET · SEAL BEACH · CA 90740 Bus: (562) 596-6600. FAX: (562) 596-5629 . TOLL FREE: 1-877-BAYTOWN Website: www.BaytownRealty.com John P. Scharler 234 7"'STREET, SEAL BEACH, CA 90740 PHONE: (562) 799.3360 E-MAIL: JSCHARLER@AOLCOM September 5, 2006 -<<-Iteacb SEP .. 3 2006 Developmenf Svcs. The Seal Beach City Council and Planning Commission c/o City Manager John Bahorski 211 B1h Street . Seal8each, CA 90'740 SUBJECT: Possible Amendments to Section 28-701 & Section 28-a01.Thlrd Story Re$ldential Development Standards Dear Councilmen and Planning Commissioners: My name is John P. Scharler and I am a homeowner in Old Town and live at 234 .,., Street. I also own a double lot with 4 units on 119 4111 Street I purchased the property on 4th Street about 5 years ago with the option of building a 3 story home to lake advantage of our ocean view. This pending down zoning would take f1#IB1 these rights. Therefore, I am completely opposed to these changes. Look at the positive side of allowing homeowners the right to build under current building codes. 1. A single home on a double lot allows for greater set back which has a desirable curb appeal. 2. Reduces congestion in our neighborhood. 3. Reduces our ~treet parking. 4. One home on this double lot reduces the buildiitg to land ratio vs. having 2 two-story homes from street to alley. I ask you to review the attached photos of homes that extend above the 2nd floor. I feel these homes are some of the more beautiful homes in Old Town. . e e e - e e PIlge 2 In Closing, I remind you that I.am a homeowner (not a developer) and I share with you some of the same . cOnCems of our city. I would not build a home in Seal Beach, which would embarrass my neighbors, . friends or myself. This undertaking would be a huge Investment for me and I would be determined to get it architecturally right. Sincerely, - Enclosures cc: Mayor John Larson Councilman Charles Antos Councilman Gordon Shanks Councilman Ray Ybaben Councilman Michael Levitt ve6mmissioner Ellery Deaton Commissioner Phil O'Malley Commissioner Erin Bello Commissioner Gary Roberts Commissioner Phil Ladner ...: .... ...:;:..- .:: ; ',' .... ~ ~ .-~ ~ ~ . . ! ,..~ .....1".... '";~/;: "'fl"':~'l I Z!r;' ~ :.-",,~:.h.'. .e;..1-. : -- .' , ~ \{'l ~ ~.' ~ . I:"'... .,.:".' ~ . '; :.~.. ~. -'. ~Y..:. :... :..~~;...",.. ... .... '_..1. e Snirfey '13arascli 1278t1iStreet · Sea[tJ3each., Ca[ifornia90740-6303. · 562/431-4298 . ., . ... '. Cl1Y ot&lllfleaCb SEP - 5 2006 Development Sves. . '. , . August 31, 2006 The Seal Beach City Council and Planning Commission c/o City Manager John Bahorski 211 8th Street Seal Beach, CA 90740 .f . . Dear Seal Beach City Council and Planning Commission: In answer to your question, "Should Old Town continue to allow three story development with no neighborhood notice?" I believe it would be a wise decision to have all the number of stories to be the same in. Old Town to be consistant in appearance. I live in a two story house now and the one story homes look rather out of place now. If there were three stories then the two stories would look out of place. e At some future time I may have the need for an extra story making it three stories. Thanks for your consideration to my thoughts on the pending matter. Sincerely, ~dJ : e " e Letters Favoring Retention of Third Story Construction with Revised Development Standards e Planning Commission Meeting September 6, 2006 e .~ \ 3 '\ A ..:s v ~ ~ , .~ ---...} .... ~ ~ \) .. ~ "V ,,} ., ~ ~ \ \\ ~ ~ ~~ ~~~ ~ -.~ ~ ~ ;: . %.~ ~ ~ ~ I;)~ 'i0 ~ ~ . ( i r- '* j I t.. w ~ \ i ~ ~ \). ~ ..t . *n..t.:::: );)~ t~ u; 0...." * ~ ..:. ~ \irA~'.~~'~ 8?~~ d ~ J \l * B""~ ...;. \J ;) la,- So~tI):::: I aD ~ ~ ~ 1\ ~ f' { ."j P II ~ ~ ~ ~ ~ .~ i ~ ~ "'3 ~. ~ \l Q ., ~ . J ~ , \-\ I~ ~ ~ ~. , e ~ ~ Q) .a\~ ~ C"l to ~~; 1ij CO iii " __ 0 l\!. \J ~ i- \ ~ ., - . S- O -CD ~ iP ,..., ~- c:-s p-r i.lJZ ~--=- ~s -itS ~ 41:>> f!~ cP~ ~ i! -ai. -r s= s:;g 5- \.. \ c:: -F \ " ~ -~ o ...... -cl! c::>> -d- -~ "~ iP e e e Study Session - Amendment to Allowable Building Height on Lots 37.5 Feet Wide or Wlder- RMD and RHD Zones, Planning District 1 - "Old Town" Planning Commission Staff Report September 13, 2006 ATTACHMENT 3 COPIES OF ALL WRITTEN COMMUNICATIONS RECEIVED BY THE CITY AFTER THE SEPTEMBER 6 STUDY SESSION Study Session.PC StalfReport 6 . . , " ~: ~ , . . ' ..1~'::- ,,~. ~ jo' ,- m .' ~ r ~ ~ 'oS 1~ .3 ~__AA_ . ~ ~'. . - , - j iSs; ~1~U ' i~ .!~ ~ . - s:: . at fI) ;J ", - ". .s I 8 ~ ~:,:". ~~ . 1_ .r,... ...-- L- . ~ ;,." ,..' 0 '& c:.. , - ....., ,_ 't: ..' < . at B W "b' >- Q . -l\, _ . ":~.'-: '. -a c--- . . _,~:~ ' ..' c:- SI! ~ 0 ~ ., " . - -r .~ ~ en 0 ~ _ . ~c::: tb: -.:s j: ',".~ ,'~ .~ ~ 2 .' \ * l'It,~': ....... J * ,""..,,' ..- _' I'. ,~.~ ' ..; ... ~ : ~ ~r: ~~ ~ , '" r--"" ....... ~ '., ,.,' . 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F"^- T).-t . f(&^,'IV'~~1tR.:.u __ _T>>u_ ~1Jts..!._ D,III!of b ~ II- /)to j ~ . -B.!:L..~P.1v _~!uv T"P fNV I~ Ii IllW 3- __ (r--"'l"U Of" 71!-.6,,4-..4 OF" 7h t JMPfyl..TY tMlo c.-v~ 19-F"iil't. -Th~ Clt-~I C,,'" l.,.,.'..,....,) IV" 1Vr.~,,!!l~L /i(l[ t\ lI,i).(Ln"u.D...;'..:t:Q. jQ,N7-~t"l' cr.- S '~ 1V1~'............7 a~ &"'1. e.e - fIt'-"" ~.fV. c: SI9 ~ e e' e e e Study Session -Amendment to Allowable Building Height on Lots 37.S Feet Wide or Wider- RMD and RHD Zones, Planning District I - "Old Town" Planning Commission Staff Reparl September 13, 2006 ATTACHMENT 4 DRAFT STAFF REPORT RE: ZONE TEXT AMENDMENT 06 1, AMENDMENT TO ALLOWABLE HEIGHT ON LOTS 37.5 FEET WIDE OR WIDER - RMD AND RBD ZONES, PLANNING DISTRICT 1 - "OLD TOWN" . Study Session PC Staff Report 7 e (Date to be determined), 2006 STAFF REPORT The Planning ways the Ci property owner standards, which feet or wider. , To: Honorable Chairperson and Planning Commission From: Lee Whittenberg, Director Department of Development Services Subject: I REQUEST I e le building height t allowable variable a c . stent standard of a endment proposes the ormation from City Staff regarding the different are currently being actively pursued by a uild in accordance with the current height of 35-feet on the rear half of lots that are 37.5 Provided as Attachment to be adopted to forward resolution contains the I the proposed language reg directed staff to prepare for pub prop ed Planning Commission Resolution that would need to the City Council for final consideration. The e recommended alllenr'lments to the Zoning Code and the issue of "grandfathering", as the Commission has hearing consideratioIL e Z:Wly DOoomentIIZTAIZTA 06-I.Heighl Limit in District I.PC SllllfRepOl1.cIocILWI09-Q8-06 Planning Commission StqffReport Zoning Text Amendment 06-1 Proposed Revisiona to Provisions of Zoning Code re: A Height Limits in RMD and RIlD, District I, Zones (Old Town) _ Dale to be determllled. 2006 Overview of Earlier Planning Commission Study Ses I BACKGROUND I The pll>nni"g Commission has held two study sessions below is a snmm,,'Y of those previous study sessions: . September 6, 2006 Study Session: e bet: 6, 2006 Study Session, staff s at this Study Session regarding the ented for Commission and public At the conclusio Staff: [J INSERT DIREC Please refer to Attachment meeting and to Attachment 6 at the September 13 Study co=unications received by th re w the Minute. excerpt of this Planning Commission . iW the Staff Report and presentation materials presented sioIL Attachment 7 provides copies of all written o=ission at the September 13 Study SessioIL e ZTA D6-[HeigbtLimit in District I.PC Staff Report 2 e Planning Commission Staff Report Zoning Text Amendment 06-1 Proposed Revtsiona to Provisio7UI of Zoning Cads re: Height Limits In RMD and RHD. District 1, Zones (Old Town) Date to be determined. 2006 A. 1. I DISCUS~ION I AB indicated above, the Planning Commission has considere study sessions. Attachment 8 provides the current language of the Munici for residential development in the RMD and RHO, Distri PROPOSED ORDINANCE AMENDMENTS Provided below are the proposed llIJIP.1ldm Amendment The amendments are bra consideration by the pl"nniT1g Commission: e Proposed Changes to Height Limits [J Amend Article 7, Resi [J Amend Section 28 Units to read as d Second Dwelling Units: . 2 stories, max. 25 ft. . e [J Amend Article 8, Residen . [J Amend Section 28-801. Units to read as followS: gh Density Zone (RlID Zone), as follows; Maximum Height, Main Buildings and Second Dwelling ZTA 06-Ilfeight Limit ill District l.PC SIBfrRcport 3 Planning Commission StqffReport Zoning Text Amendment 06-1 Proposed Revisiona to Pravisions of Zoning Code re: Ai Height Limits in RMD and RHD, DistricJ 1. Zones (Old Town) _ Dais to be determined. 2006 "Section 28-801. General Provisions Yards. F. Maximum Building Height, Main Units: Let wi..t"'.. , IBSS t"'ElF! U 1/,2 ft. District I 2 stories, maximum 2 District II, VI 35 ft. Let '[iidtl'ls, :J7 1.'2 ft.. 8F AlIBFB . . gi&W4eW II, '.fl 15 A. *** tEl rBqwiFed ya,ds: 'proposed Revisions Regarding "Gran e LANGUAGE TO PLANNING CO STUDY SESSION Staff reco during the public revised by the Co both written and oral testimony presented of ZTA 06-1 to the City Council, as may be of all public testimony. Should the Commissio existing provisions of the within the RMD and RHD the option of reco=ending no change to the relating to allowable height development standards . g District 1 (Old Town). Should the Commission folio staff's reco=endation, staff bas prepared the proposed Ai resolution recommending approval of ZTA 06-1, including the reco=ended language _ regarding "grandIathering". The proposed Resolution is provided as Attacbment 1. ZTA 06-{.Heigbt Llmit in District l.PC S1alfReport 4 e Planning Commission Staff Report Zoning Text Amendment 06-1 Proposed Revis/ona tD Provisions of Zoning Code re: Height Limita in RMD and RHD. Districl1, Zones (Old Tow,!! Date to be determined. 2006 Attachment 1: Lee Whitte.tlberg, Director Department of Development Services Attachments: (8) Attachment 2: Session Minute e. Attachment 3: Study Session Attachment 4: Received by the Attachment 5: Session Communications Received by the City after y Session Attachment 8: e of the Municipal Code regarding Allowable sidential Development in the RMD and RHD, District of the City * * * * e ZTA 06-1:Heigbt Limit in District I.PC Staff Report 5 e Planning Commission Staff Report Zoning Text Amendment 06-1 Proposed Revisiona to PrOllisiona of Zoning Code re: HeightLimits inRMD andRHD. DistricJ I, Zones (Old Town) Date to be determined. 2006 e ATTACHMENT 1 e ZTA 06-.l.Height Limit in Distriet l.PC Staff Report 6 e Planning Commission StqffReport Zoning Text Amendment 06-1 Proposed Revisions to Provisiona of Zoning Code re: Height Limits in RMD and RHD, District I, Zones (Old Towll! Dais to be determined. 2006 e THE PLANNING COMMISSION OF HEREBY RESOL VB: RESOLUTION NUMBER 06-43 . A RESOLUTION OF THE PLANNING CO OF THE CITY OF SEAL BEACH RECO TO THE CITY COUNCIL AFPROV TEXT AMENDMENT 06-1, AME 28-701 AND 28-801 TO ALLOW MAxIMuM ~IGHT OF 2 RESIDENTIAL lv.fEDIUM RESIDENTIAL HIGH DENSITY, D AND TO INSERT LAN "GRANDF ATHEIfING") '. Section 1. The allowable building height in District 1 zones and to insert 13, 2006. essions regarding the sidential High Density, eptember 6 and September Section 2. PlAnning Commission d' amendments to the District 1 ("Old ~ based on the wi regardless of right to develop und e Section 3. as follows: The applicatio review pursuant to the C~o ~ 15305 (Minor Alterations in land use limitations in average slo use or density; and, pursuant to ~ 1 no possibility that the approval may Calif. Code of Regs. ~ 15305, staffhas determined ext Amendment 06-1 is categorically exempt from ental Quality Act pursuant to 14 Calif. Code of Re~ . Us imitations) because it consists of minor alterations in' . ess than 20% and does not result in any changes in land 1 (b)(3). because it can be seen with certainty that there is :ve a significant effect on the environment. ZTA06-f:HeigbtLimitinDislrict I.PC Staff Report 7 Plt111Tling Commission Stqff Report Zoning Text,.4mendment06-1 Proposed Revisl01lS to PrOllisi01lS o/Zoning Code re: .. Height Limits in RMD and RED. District 1. Zones (Old TOWIll _ Date to be detemdned. 2006 Section 6. Based upon the faC in ~5 of this resolution and pursuant to ~~ 28-260 makes the following fiDrHngR: The record of the hearing of (Date Section 4. A duly noticed public hearing was Commission on (Date to be determined)" 2006 to consider Zone Text Section S. indicates the following: (a) At said public hearing there was oral an received by the Planning Commission. (b). The proposed text amendment will enhance the abilitY of the City to ensure orderly and pI amendment of the zoning requirements for new resi Medium Density and Residential High Density, Dis "e:randfatherinll"). d (c) Resolution. uding those stated Commission e (a) Zoning T various elements of the City's development regulations in District 1 zones are consiste changes inconsistent with the the provisions of the , the pro sed new residential height 'ty and Residential High Density, ed amendment will not result in Ian. 'se the City's zoning ordinance and Iy and p development in the City through an lishing new residential developments within the Density, District I zones and to (insert Section reco=ends approval 0 Exhibit A, attached to this the ore going, the Planning Commission hereby endment 06-1 to the City Council as set forth on corporated herein. PASSED, APPROVED AND Beach at a meeting thereof held 0 by the following vote. PTED by the Planning Commission of the City of Seal day of . 2006, e ZTA 06-1 Height Limit in Dubiel 1.PC SlBffR.oporl 8 e AYES: Commissioners - NOES: Commissioners - ABSENT: Commissioners ABSTAlN: Commissioners - e Lee Whittenberg Secretary of the Planning Commission e ZTA 06-1.Heigbt Limit in Disbiel l.PC SlBffR.oporl Planning Commission Stqff Report Zoning Text Amendment 06-1 Proposed Revisi01lS to Provisions of Zoning Code re: Height Limits in RMD and RED. District 1, Zones (Old TOWIll Date to be determined. 2006 9 Planning Commission StqffReport Zoning Text A.mendment 06-1 Proposed Revisi01lS to PrOIIisi01lS afZoning Code re: .. Height Limits in RMD and RED, District 1, Zona (Old TOWIll _ Date to be determined. 2006 o "EXHIBIT A" o Amend Article 7. Residential Medium. Density Zone (RMD o Amend Section 2S-701.A.l, Maximum. Height, Main B . to read as follows: "Section 28-701. General Provisions Yards. A. Provisions applying in all districts: 1. Maximum Height, Main Build and Second Dwelling Units: o Amend Article 8, Residential High Density o Amend Section 2S-S01.F, Maximum. Heigh' to read as follows: e .Section 28-801. ace Bulk and F. Maximum H District I District II, VI welling Units: ries, 25 ft. maximum ft." e ZTA 06-l.Hoight Limit in Dubiel 1 PC StaffRoport 10 e Planning Commissian StqffReport Zoning Text Amendment 06-1 Proposed Revisi01lS to Provisions afZoning Cade re: Height Limits in RMD and RHD, District 1, Zones (Old Town) Date to be determined. 2006 e ATTACHMENT 2 e ZTA 06-I.Hcight Limit in District I.PC SlBffR.oporl 11 e Planning Commission Stqff Report Zoning Text Amendment 06-1 Proposed Revisl01lS to PrOllislons afZoning Cade re: Height Limits in RMD'and RED, District 1, Zones (Old Town) Date to be determined. 2006 SEPTEMBER 6, 2006 PLANNING STUDY SESSION PRESENTATIO ATTACHMENT 3 e e ZTA 06-11kigbt Limit in Disbiel I.PC StalfRoport 12 e Planntng Cammission Stqff Report Zoning Text Amendment 06-1 Proposed Revisions to Provisions of Zoning Code re: Height Limits in RMD and RED, District 1, Zones (Old Town) Date to be determined. 2006 COPIES OF ALL WRITTEN CO UCEIVED BY THE CO SEPTEMBER 6 STUDY SESSI ATTACHMENT 4 e e ZTA06-I.HeightLimit in District I.PC SlBffRqlort 13 e Planning Commission Stqff Report Zoning Text A.mendment 06-1 Proposed Revisi01lS to PrOIIisions of Zoning Code re: Height Limits in RMD and RHD. District 1, Zones (Old Town) Date to be dett!rm/ned. 2006 e ATTACHMENT 5 e ZTA 06.I.Height LillliI in Disbio! l.PC StBffRq>ort 14 e Planning Commission Staff Report Zoning Text Amendment 06-1 Proposed Revisi01lS to Provisions a/Zoning Code re: Height Limits in RMD and RHD, District 1, Zones (Old Town) Date to be determined. 2006 SEPTEMBER 13, 2006 PLANNIN SnIDY SESSION PRESENTATl ATTACHMENT 6 e e ZTA 06- I.HClght Limit in Distriel I.PC Staff Report 15 e Planning Commission Stqff Report Zoning Text Amendment 06-1 Proposed Revisla1lS ta PrOllisions of Zoning Code re: Height Limits in RMD and RED, District 1, Zones (Old Town) Date to be determined. 2006 COPIES OF ALL WRITTEN CO ~CEIVED BY THE CO SEPTEMBER 13 STUDY SESSI ATTACHMENT 7 e e ZTA 06-1.Hoight Limit in D1strict 1.PC SlBffRoport 16 e Planning Commission Stqff Report Zoning Text Amendment 06-1 Proposed Revisions to PrOIIisia1lS of Zoning Cade re: Height L;",its ill RMD and RED, District 1, Zones (Old Town) Date to be determined. 2006 CURRENT LANGUAGE OF CpDE REGARDING ALLOW RESIDENTIAL DEVELOP AND RHD, DISTRICT I, ZO CITY ATTACHMENT 8 e e XJ:A 06-1.Hcight Limit in District I.PC SlBffRoport 17 e e e Planning Cammission Stqff Report Zoning Text Amendment 06-1 Proposed Revisi01lS ta Provisi01lS of Zoning Code re: Height Limits in RMD and RHD, District 1, Zones (Old Town) Date to be determined. 2006 CURRENT LANGUAGE OF THE MUNI. CODE REGARDING ALLOWABLE HEIG RESIDENTIAL DEVELOPMENT IN AND RHD, DISTRICT I, ZONED ARE CITY "Section 28-701. General Provisions Yards. A. Provisions applying in all districts: 1. Maximum Height, Main Building an Lot width, less than 1/2 ft. "Section 28-801. F. and Second Dwelling es, 25 ft. maximum; ft. maximum*** y may locate a third story equal to ot area allowed in the rear 1/2 of itation on placement, but shall be d yards." ZTA Q6.1.Heigbt Umit in Distriel l.PC SlBffRcport 18 e e e Zoning Text Amendment 06-1 Proposed Revisians to PrOllisions of Zoning Code re: Height Limits in RMD and RHD, Districtl, Zones (Old Town) Planning Commissian Staff Repart September 20, 2006 ATTACHMENT 4 SEPTEMBER 13, 2006 PLANNING COMMISSION STUDY SESSION SUPPLEMENTAL STAFF REPORT ZTA 06,1 HeIght Umit in District 1 PC Stalfilqlort 15 e S~ber13,2006 STAFF REPORT - Supplemental To: Chairperson and Members of the Planning Commission From: Lee Whittenberg, Director of Development Services Subject: STUDY SESSION - AMENDMENT TO ALLOWABLE BUILDING HEIGHT ON LOTS 37.5 FEET WIDE OR WIDER - RMD and RHD ZONES, PLANNING DISTRICT 1 - "OLD TOWN" SUMMARY OF REQUEST Conduct Study Session and provide direction to Staff as to desired actions. DISCUSSION e This Supplemental Staff Report addresses the issue of allowing structures that have received conceptual approval of plans for structures in excess of 25 feet to proceed with development, notwithstanding the recommended change, as requested by the Commission on September 6. Staff recommends that the Commission reco=end to the City Council adoption of an un- codified section of the ordinance establishing a precise "dead1ine" date for projects that are being actively pursued by the applicant. Staff reco=ends that the Commission consider allowing projects that have received "Coastal Commission Concept Approval" by the Seal Beach Director of Development Services by a date to be determined by the Council to be allowed to proceed with development under the previous development standards relative to 3-story construction. Staff would reco=end a date either 30 or 60 days after the effective date of the implementing ordinance to obtain the required "Coastal Commission Concept Approval" by the Seal Beach Director of Development Services. Assuming an effective date of November 7, the dead1ine for obtaining the applicable "Coastal Commission Concept Approval" would be December 6, 2006 or January 5, 2007. Typically the "Coastal Commission Concept Approval" by the City is submitted to the Coastal Commission and then the Coastal Commission considers and approves a "Coastal Development Permif' for the subject project. The "Coastal Development Permif' is then effective for a 12-month time period, and can be extended upon approval by the Coastal Commission. e Z:\My DOCllDlOlllsIThird S1my Interim OnlinancolStudy Session.PC Stall'Report - Supp1011l0DllI1.docILW\09-12-06 Study Session -Amendment to Allowable Building Height on Lots 37.5 Feet Wide ar Wider- e RMD and RED Zones, Planning District 1 - "Old Town" Supplemental Planning Commission Stqff Report September 13, 2006 In order for the Director to provide such 'Concept Approval" the applicant must have submitted to the Department of Development Services conceptual development plans for the project that clearly and precisely indicate the proposed building location on a scaled "Site Plan", along with floor plans and building elevations. All of these plans must be scaled and dimensioned to allow the Department of Development Services to clearly determine that the proposed development complies with all requi):'ements of the City regarding setbacks, lot coverage, building height, and provision of required parking. Full construction plans are not required at this stage in the approval process. . The Commission could also select a later point in the development approval process for projects to qualify .for grandfathering. Once an applicant obtains "Concept Approval," he or she must obtain a Coastal Co=ission "Coastal Development Permit," and after that, City plan check approval. The Commission could reco=end to the City Council that an applicant must obtain one of these approvals in order to qualilY to construct under the current Code requirements. It would be more difficult to assign a specific deadline to these later approvals, however, because it would be difficult to predict the amount of time necessmy for the Coastal Commission to issue its approval and for the City to review final construction plans to detennine compliance with all applicable construction codes. e The last point in the process the Council could select for qualification would be the issuance of a building permit. Once the City issues a building permit and the applicant incurs substantial expenditures in reliance thereon, under a state law he acquires a ''vested property right" to proceed with the development, regardless of the city's subsequent amendments to the maximum permitted height. RECOMMENDATION Conduct Study Session and provide direction to Staff as to desired actions. e study Scssion.PC StBffReport. SupplemOlllB1 2 e e e Zoning Text Amendment 06-1 Proposed Revisia1lS to Provisians afZoning Cade re: Height Limits in RMD and RHD, District 1, Zones (Old Town) Planning Cammission Stqff Report September 20, 2006 ATTACHMENT 5 SEPTEMBER 13, 2006 PLANNING COMMISSION S'rUDY SESSION MINUTE EXCERPT NOTE: MINUTES NOT AVAILABLE AT TIME OF DISTRIBUTION OF AGENDA PACKETS, THEY WILL BE PROVIDED AT THE SEPTEMBER 20 PLANNING COMMISSION MEETING 'l.TA 06-1.Heighl Limit in Disbict l.PC StalfRepor\ 16 e e e Zoning Text Amendment 06-1 Praposed Revisi01lS to PrOllisi01lS afZoning Code re: Height Limits in RMD and RHD, District 1, Zones (Old Town) Planning Commission Stq/f Report September 20, 2006 ATTACHMENT 6 COPIES OF ALL WRITTEN COMMUNICATIONS ~CEIVED BY THE COMMISSION AT THE SEPTEMBER 13 STUDY SESSION ZTA 06-1 Height Limit in Disbiel l.PC SlBffRoport 17 e e e John and Susan Morgan 215 16th Street Seal Beach, CA 90740 city at _Beach SEP 1,) 2006 Development Svcs. September 12, 2006 Seal Beach Planning Commission City Hall- 211 81b Street . Seal Beach, CA 90740 Chainnan Dea,ton and Planning Commissioners, ...;/ Thank you for taking into consideration a "grandfather clause" to the proposed changes to residential height limits in our existing Seal Beach zoning codes, I was particularly encouraged by the empathy, professionalism and support exhibited by the commissioners and the public, during the September (/' meeting of the Seal Beach Planning Commission. As you know, Suzie and I have contracted with an architect, and are in the design process for the construction of a 3-story home which will meet current city zoning codes. We would like notification from you that our project will be considered "grandfathered" under the existing Seal Beach zoning codes. For the record, we are in favor of establishing a 60 day period from the effective date of the new height ordinance, with which to have Costal Concept Approval from the city in order to be "grandfathered" under the current zoning codes. Thank you for listening and for your service to our community. Sincerely, tt:~M~ cc: Mr. John Bahorski, City Manager Mr. John Larson, Mayor Mr. Lee Whittenberg, Director of Development Services Mr. Alexander Abbe, City Attorney Mr. Charles Antos, District 1 Councilman Mr. Gordon Shanks, District 3 Councilman Mr. Ray Ybaben, District 4 Councilman Mr. Michael Levitt, District 5 Councilman e e e ZOlling Text Amendment 06-1 Proposed Revisians to Provisi01lS of Zoning Code re: Height Limits in RMD and RHD, District 1, Zones (Old Town) Planning Cammlssian Stq/f Report September 20, 2006 ATTACHMENT 7 CURRENT LANGUAGE OF THE MUNICIPAL C9DE REGARDING ALLOWABLE HEIGHTS FOR RESIDENTIAL DEVELOPMENT IN THE RMD AND RHD, DISTRICT I, ZONED AREAS OF THE CITY ZTA 06-1.Heighl Um.t in Disbict l.PC Stafflleport 18 e e e Zoning Text Amendment 06-1 Proposed Revisl01lS to Provisions of Zoning Cade re: Height Limits in RMD and RHD, District 1, Zones (Old Town) Planning Commissian Stq/f Report September 20, 2006 CURRENT LANGUAGE OF THE MUNICIPAL CODE REGARDING ALLOWABLE HEIGHTS FOR RESIDENTIAL DEVELOPMENT IN THE RMD AND RHD, DISTRICT I, ZONED AREAS OF THE CITY "Section 28-701. General Provisions. Lot Size. ODen SDace. Bulk and Yards. A. Provisions applying in all districts: 1. Maximum Height, Main Building and Second Dwelling Units: Lot width, less than 37 1/2 ft. 2 stories, max. 25 ft. Lot width, 37 1/2 ft. or more Front 1/2 of lot, 2.stories, maximum 25 ft. Rear 1/2 of lot, 3 stories, maximum 35 ft." "Section 28-801. General Provisions. Lot Size. DDen SDace. Bulk and Yards. F, Maximum Building Height, Main Building and Second Dwelling Units: Lot widths: , less than 37 1/2 ft. - District I 2 stories, maximum 25 ft. District II, VI 35 ft. Lot widths, 37 1/2 ft. or more- District I Front 1/2 of lot 2 stories, 25 ft. maximum; Rear 1/2 of lot 3 stories; 35 ft. maximum*** Districts II, VI 35 ft. *** Lots on Seal Way may locate a third story equal to the total square foot area allowed in the rear 1/2 of the lot with no limitation on placement, but shall be subject to required yards." . . . . ZTA 06-1.HOlght Lim.t in Disbiel 1 PC StalIReport 19 e e e Zaning Text Amendment 06-1 Proposed Revisla1lS to PrOllisia1lS of Zoning Code re: Height Limits in RMD and RED, District 1, Zones (Old Town) Planning Cammission Stqff Report September 20. 2006 ATTACHMENT 8 AR!ICLE 24, NON-CONFORMING USE PROVISIONS ZT A <l6-1.Height Limit m District 1.PC StBfrReport 20 e e "e -, Artlr:IA'4 (.;AnAral Pmvlsinns, r.nnnitlnns Rnd FlCl'~ptlnns, Nnnr:nnfnrming Rulldings Rnn Ilses ~er:tinn ?R-'400 Nnnl'.nnfnrmlng Ilse limits; Other IlsAs. While a nonconforming use exists on any lot, no additional use may be established thereon unless such additional use is conforming and, in addition, such additional use does not increase the nonconformity. (Ord. No. 948) ~er:tinn '8-'401 Time limit nn AhRndnned Nnnl'.nnfnrming llse. If a nonconforming use is discontinued for a period of three (3) consecutive months, such use shall be considered abandoned and shall thereafter be used only in' accordance with regulations for the district and zone in which the property is located. (Ord. No. 948) .' ~Ar:tinn 'R-'40' RAmnval of Nonl'.nnformlng Rllildir..gs nr r.hange .in ~tah IS nf Nnnr.nnfnrming (Ise. If any nonconforming building is removed, every future use of the land on which the building was located shall conform to the provisions of this chapter. (Ord. No. 948) ~er:tinn' 'R-'403 Pmvisinns nf This Artir:l", tn Apply tn Nonr:nnfnrming IJs", Rnn Nnnr.nnfnrming Ruilnlngs Resulting Fmm RAr:lRssifir:Rtinn. The proVisions of this article shall apply to buildings, lands and uses which hereafter become nonconforming due to any reclassification of zones under this chapter or any ordi- nance. (Ord. No. 948) ~",r:tinn '403 1 FlCr:Aptinns fnr Nnnr.nnfnrmlng Histnrir: Ruilnlngs. A. A locally recognized historic building or structure, may be substantially preserved, renovated or rebuilt subject to the issuance of a Conditional Use Permit. B. In reviewing the appliCation' tOr Jhe historic building or l?tructure, the Planning Commlssion"shall evaluate and make findings on ~he fo.llowing: 1. The local' historic significance of the building or structure. 2. The existing architecture. C. In approVing a Historic Conditional Use Permit, the Planning Commission may authorize such deviations from the Seal Beach Municipal Code necessary to preserve the structure and its historical significance. Before approving such change, It must find: 1. . All deviations from the Seal Beach Municipal Code, necessary to preserve the existing structure architecture; including but not limited to: zoning, building" engineering and fire. Z:IMy DocumentsIMUNICODElZanlng OrdlnancejZonlng Coda.Arflcla 24.doc\LW\11-15-04 City of Seal Beach Municipal Code . Chapler 28, Zoning; Article 24 .. General Provisions, Conditions and Exceptions, ,., Nonconforming BU/7dings and Uses November 2004 . 2. All needed agreements, contracts or conditions between the owner or lessee and any public agency which involves said building or structure are executed to insure compli~nce between all parties. . 3. Any other appropriate conditions deemed necessary to the approval of the application are required. 4. The waivers from Code must still render the structure safe and sound. (Ord. No. 110~) SF!clinn ?R-?4ll4 Nnnr.nnfnrming..1 t~A Qf I::mp WhAn Nfl 'StnJl~h IrA In~nlvF!ri. In any zone, the nonconforming use of land wherein no structure is involved shall be abated within one year from the date the ordinance codified herein becomes effective and any further use of such land shall conform to the proVisions of this chapter. If the nonconforming use of land existing at the time the ordinance codified herein takes . effect is thereafter discontinued for three consecutive months or more, any further use of such land'shall conform to the "Provisions ofthis chapter. (Ord, No. 948) . . -..... - - . SAcllnn ?R-2405 r.nmmi~c;inn MRY nAtF!rminF! r.nnriitinn~ fnr AhRtF!mAnt. ~ '- A. When any nonconforming condition exists in any zone, pther than the nonconforming use of land where no structure is involved, the Planning . Commission may, after a public hearing, fix a date upon which the nonconforming building was established and determine conditions and time limits for abatement B. Where a use is nonconforming only due to lack of a required discretionary permit. the proprietor of said use shall terminate said use or apply for and obtain any and all required discretionary permits within six (6) months of the effective date of the ordinance which codified this paragraph or the effective date of the ordinance which made the use nonconforming, whichever is later, unless after a hearing the Planning Commission determines that a different time limit for abatement is appropriate. (Ord. No. 948; Ord. No. 1011; Ord. No. 1348) SF!r.tinn ?R-?40R RlJilriing~. RF!r.nn~tn ,clinn nf nl'lm='lgAri nr nF!~tIY'\YP.rl Nnnr.nnfnrrning A nonconforming building damaged or destroyed to the extent of not more than fifty percent of its replacement cost immediately prior to its damage or destruction by fire, explosion or other casualty or act of God or the public enemy may be restored and the occupancy or use of such building or part thereof which existed at the time of such damage or destruction may be Zoning Code.Altlc:le 24 A. .e c e e ,~ City of Seal Beach Municipal Code Chapter 28, Zoning; Article 24 General Provisions, Conditions and Exceptions, Nonconforming BuDdings and Uses November 2004 continued in the same manner which lawfully existed prior to such damage or destruction. B. A nonconforming residential building damaged or destroyed to the extent of more than fifty percent of its replacement cost immediately prior to its damage or destruction by fire, explosion or other casualty or act of God or the public enemy may be restored and the occupancy or use of such building may be continued as provided in this subsection. 1. Rer-.nn!'ltnJctinn ~lIhject tn Admini!'ltmtive Plan Review, Nonconforming resi!iential buildings may be reconstructed pursuant to Administrative Plan Review by the Director of Developm~nt SeNices subject to the following: a. The minimum number of standard, open and accessible covered parking spaces required by this Chapter shall be provided. b. The minimum setback and height standards of this Chapter shall be met. c. The number of units to be reconstructed shall be the number of units legally existing at the time of the building's partial destruction, or one unit for each 950 square feet of lot area, whichever is less. d. For the purpose of.calculating density, all fractions of units shall be rourided to the next highest whole number. 2. Rer.nn!'ltrllctinn Suhject fn Minnr Plan RAViAW PArmit. Nonc;onforming residential buildings may be reconstructed purSuant to a consent calendar plan review, subject to the following: a. A minimum of one standard, open and accessible covered parking space shall be provided for each unit. Tandem spaces existing at the time of the building's partial destruction shall be reconstructed, but interior spaces shall not be counted in satisfy- ing the requirement of one space per unit. b. The minimum setback and height standards of this Chapter shall be met for the zoning district in which it is located. c. The number of units to be reconstructed shall be the number of units legally existing. at the time of the building's partial Zoning Code.Arllcle 24 City of Seel Beech Municipal Code Chapter 28, Zoning; Article 24 Gensral Provisions, Conditions and Exceptions, Nonconforming BUildings and Uses November 2004 destruction, or one unit for each 950 square feet of lot area, whichever is less. d. For the purpose of calculatil")g. density, all fractions of units shall be rounded to the next highest whole number. 3. f:;F!nP.n:l1 Pmvi!;inn!;. The following shall apply to the reconstruction of 'nonconforming residential buildings pursuant to Sections B.1. and B.2., above: a. No reconstruction may enlarge the habitable area of a nonconforming residential building beyond its pre-existing size, . unless such enlargement complies with the provisions of this Chapter. . b. The number of units in a nonconforming ~sidential building shall .not be increased unless such increase complies with the proVisions of this Chapter applicable to the zoning district in which it is located. c. The reconstruction of nonconforming residential units measuring . less . than' 500 square feet shall be subject to the following findings by the Planning Commission: (1) All units" and rooms meet the minimums established for resj~ential occupancies under the Uniform Building Code. (2) All feasible area has been utilized to enlarge substandard units, given the availability and location. of space on the site, or the constraints imposed by parf<ing requirements and the existing sound primary structure. d. Any administrative plan review approval or minor plan review approval shall become null and void if not eXercised within one year from the date of such approval or issuance, and the proVisions of Section 28-2~01.sh~1I be applicable. Replacement cost shall be determined by the Director of Development Services, using valuation methods adopted by the Department of Development Services. If the property owner disputes the Director's determination, replacement cost may be determined by a licensed apprai~er, selected and paid for by the e. Zoning Code.Artlcle 24 e '~ ~ e e ,e City of Seal Beach Municipal Code Chapter 28, Zoning; Article 24 General Provisions, Conditions and Exceptions, Nonconforming BUIldings and Uses November 2004 property owner, which appraiser shall be approved by the Director. C. A nonconforming nonresidential building damaged or destroyed to the extent of more than fifty percent of its replaoement cost immediately prior to its damage or destruction by fire, explosion or o\her casualty or act of God or the pu.blic enemy may be reconstructed subject to consent calendar plan review in accordance with the following criteria: 1. The property shall provide, at a minimum, the same n!-lmber of on-site parking spaces as were previously. provided. The Planning Commission shall, on a case by case basis, endeavor to increase the ratio of parking to square footage, either by reducing the square footage or by requiring additional parking on-site. In no case shall the square footage' be reduced by more than 25 percent. 2. All setbacks and height restriction~ of this Chapter shall be met for the zoning district in which the building is located. D. The owner of any nonconforming building, whether residential or nonresidential, may request an administrative review to determine its structural integrity and the legality of existing conditions and improvements. Such review shall be subject to fees as established by the Uniform Building Code, and shall consist of an intemal and extemal inspection of the building, and a review of the City's planning and building files. Following the review, the Department of Development Services shall Issue a statement of findings which shall be final and conclusive unless appealed to the Planning Commission. If the owner does not request such .a review, it shall be the owner's respons.ibility to. ,establish th~ !alNful exi~te~ce o~ all conditiqns, and improvements in the course of the reconstruction process. This subsection D provides a voluntary procedure which shall not restrict the right of any property owner to obtain information contained in the City's public records regarding the owner's nonconform1ng building without making the request provided hereunder. E. The City Council may adopt altemative procedures for the approval of the reconstruction of nonconforming buildings in the event of a natural disaster causing widespread damage to nonconforming buildings within the City. F. Every person who on the lien date of any year was the owner of, or had in such person's possession, or under such person's control, any taxable improvement, which improvement was thereafter destroyed without such person's fault by fire or by any other means prior to July 31 st of that year and Zoning Code.Artlcle 24 City of Seal Beach Municipal Code Chapter 2B, Zoning; Article 24 General Provisions, Conditions and Exceptions, Nonconforming BUl7dings and Uses November 2004 cannot be thereafter rebuilt because of a zoning prohibition, may on or before such date as may be prescribed by - the county assessor, or by state law, make application for the reassessment of such improvement ana deliver to the county assessor a written statement under oath, accompanied by a certificate of a disinterested competent person or authority showing the condition and valu,e, if any, of the improvement immediately after the destruction, and the county assessor shall, on or before October 31st of that year assess the improvement, or reassess It if it has already been assessed, according to the condition and value immediately after the destruction and upon such notice as it may find to be proper the board of supervisors of the county may, until November 30th of tliat year equalize any such assessment or reassessment. The tax rate fixed for property on the roil on which' the improvement so' assessed appears or the improvement so reassessed appeared at the time of its original assessment shall be applied to the amount of equalized assessment or reassessment determined in accordance with the proVisions hereof. In the event that the resulting figure is less than the tax theretofore computed, the taxpayer'shall tie liable for tax only for the lesser amount and the difference shall be cancelled. If the taxpayer has already paid the tax previously computed, such difference' shall be refunded to the taxpayer. The. provisions of this subsection F are enacted pursuant to Califomia Govemment Code Section 43007. To the extent that the p"r'ovisions of such Section 43007 have been or may 'be superseded or replaced by other proviSions of State Law, or to the extent that the county assessor or the board of supervisors may have promulgated or enacted procedures which conflict with the provisions of this subsection F, such proVisions of State Law or such. promulgated or en~cted procedures shall centrol. (Ord. No. 1255) SA~tinn ' ?R-?407 Fnli:lr'gAmAnt!l 'hr- Stnll~lIml AltAratinn!l tn Nnnconfnnning RA!lidAntial Rlli/ding!l and IJ!le!l. Nonconforming residential buildings' may be enlarged or structurally altered as provided in this section. A. PArmitted Impmvement!l. Minnr Stnlclllral Alteratinn!l and ImpmvAment!l to nonconforming residential buildings and uses listed as follows may be approved by the issuance of a building permit: . a. Skylights. b. Solar Systems. c. _ Additional windows. d. Decorative exterior improvements. e. Building maintenance: 1. Adding or replacing utilities. g. Other minor structural alterations and improvements similar to Zoning Code.Artlcle 24 1. ~ ~ le '-' e e ,e _. City of Seal Beach Municipal Code Chapter 28, Zoning; Article 24 General Provisions, Conditions and Exceptions, Nonconforming Bu/7dlngs and Uses November 2004 the foregoing, as detelTT)ined by the Planning Commission. 2. Minnr ~tnJl~IJr::d AltFlratinns or ImpmVAmFlnts to nonconforming residential buildings and uses listed as follows may be approved by the Planning Commission pursuant to minor plan review as a consent calendar item: a. b. c. Open roof decks. Additional balconies and porches (not enclosed). Roof additions over balconies and porches. (1) Roof eaves projecting five (5) feet into the required rear yard setback of Planning District 1, Residential Low Density',~ane. .., . ,Additional exterior doors. Additional garages and carports, incl.uding tandem garages and carports. . ' Interior wall modifications and remodeling which involves removal of or structural alteration to less than twenty-five percent (25%) of the structure's interior walls. Such interior wall modifications or remodeling may increase the number of bathrooms provided that the number does not exceed the following bedroom/bathroom ratio: one bath for .each bedroom plus art additional half-bath. The number of bedrooms, as defined in Section 28-210 of this chapter, shall not be increased if the' subject property is' nonconforming due to density or parking. : . Reduction in the number of units involving removal or structural alteration to le~s than fifty percent (50%) ofthe structures interior walls. . ' Other minor structural alterations and improvements similar to the foregoing, as determined by, the Planning Commission. d. e. f. g. h. 3. RAsirlAntil'l1 low nAn",ity ?,nnFl, PIl'lnning Di",trici", 1 thmllgh 7' ~tnlcillrl'll AltFlrl'ltinn"" Fnll'lrg~mFlnts nr Fxpl'lnsinns to nonconforming single-family residential buildings and uses which are nonconforming only by reason of building heights exceeding the maximum height or inadequate setbacks to nonconforming single-family residen~ial buildings and uses, inclUding the required setback for ~xisting legal, non-conforming garages, carports, and exterior stairways, may be approved by the Planning Commission pursuant to minor plan review as a scheduled matter item, subject to the following: a. All enlargements or expansions shall comply with the minimum yard dimensions for the zone and district in which the building or use is located. Zoning Cade.Artlcle 24 4. city of Seal Beach Municipal Code Chapter 28, Zoning; Article 24 e General Provisions, Conditions and Exceptions, I Nonconfonning BuildIngs and Uses November 2004 b. The existing nonconforming side yard setback shall be no less than three (3) feet in width, with the exception of existing legal non-conforming exterior stairways, which shall comply with all applicable provisions of th~ California Building Code as most recently adopted by the City, with the exception of the required with ~he exception of the required Califomia Building Code setback requirements. c. The existing nonconforming side yard setback may be less than three (3) feet in width on properties developed pursuant to "Precise Plan" or "Planned \Jnit Development" approvals previously granted by the City. . Rellidentiill Medillm Denllity 7nne ~nrl RellirlFlnt;~1 High np.nllity 7nnp. Ph:mning Dilltrict l' ~tn Ictllr::ll Alter::ltlnn!'l Fnh:II:gp.mFlnt!'l nr Fxp~n!'linn!'l to nonconfonning single-family residential buildings and uses which are nonconforming only by reason of building heights exceeding the maximum height or inadequate setbacks to nonconforming single- family residential buildings and uses, including the required setback for existing legal, non-conforming garages, carports, exterior stairways, may be approved by the Planning Commission pursuant to minor plan review as a scheduled matter item, subject to the following: a. All enlargements or expansions shall comply with the minimum yard dimensions for the zone and district in which the building or use is located. p. The existing nonconforming side yard setback shall be no less than three (3) feet in width, with the exception of existing legal 'non-conforming exterior stairways, which shall comply with all applicable provisio.ns of tht} California I;luilding Code as most recently adopted by the City, with the 'exception of the required with the exception of the required California Building Code setback "requirements. . . c. Garage and carport setbacks adjacent to a public alley shall comply with current applicable setback requirements. (Ord. No. 1192; Qrd. No. 1361; Ord. No. 1397; Ord. No. 1519) ~ SFlctinn 78-2408 Nnnr.onforming NonrA!lidp.nti~' Rllildi....gll ~nrl 'l!'Ie!'l May Nnt RFl Enlar:gArl or Stnlctllr::llly AItAl'Rd. No nonconforming nonresidential building may be enlarged or structurally altered nor nonconforming use expanded unless such enlargements, structural alterations or expansions make the building or use conform- ing, or unless this section specifically provides for such enlargement, alteration or .e expansion. C Zoning Code.Article 24 e - "e City of Seal Beach Municipal Code Chapter 28. Zoning; Article 24 General Provisions. Conditions and Exceptions, Nonconforming Buildings and Uses November 2004 A. Where a building or buildings are nonconforming only by reason of substandard yards or open spaces, the provisions of this chapter prohibiting enlargements, structural alterations or expansions shall not apply; provided that any enlargements, structural alterations or expansions shall not further reduce the size of required yards and open spaces. Commercial centers of twenty (20) acres or greater in size which are nonconforming only by reason of inadequate landscaping may be structurally altered or enlarged subject to. the following provisions: 1. Commercial centers with seven (7) percent of its total lot area devoted to landscaping may be enlarged or structurally altered as provided by this chapter with the issuance of a building' permit. B. 2. Commercial centers with less than seven (7) percent of its total lot area devoted to landscaping may be enlarged or structurally altered as provided by this chapter only upon the approval of a conditional use permit. Such conditional use permit shall establish a landscaping program indicating the procedure and schedule whereby seven (7) percent of the center's lot area shall be landscaped. Following the approval of the initial such Conditional use .permit for a commercial center, subsequent structural alterations and enlargements may be approved for that center with the iss~ance of a building permit, provided that the center remains in compliance with the terms and conditions of the conditional use permit. a. Procedure: All applications for a conditional use permit filed pursuant to the above requirements shall be accompanied by the prop,osed landscape program and schedule alJd a site plan of the entire shopping center, drawn to scale a'nd indicating, but not limited to, the following information: (1) Lot dimensions (2) Location, size and total square footage of all buildings and structures (3), Location and number of parking spaces (4) Pedestrian, vehicular and service access (5) Common areas Zoning Code.Article 24 City of Seal Beach Municipal Code , ChBpte~ 28, Zoning; Article 24 .. General Provisions, Con~itiOBns end Exceptions, ., Nonconformmg uHdings and Uses November 2004 b. (6) Location and ~uare footage of existing landscaping Approval of Landscape Program: The Planning Commission shall approve a proposed landscape program if such program provides for the installation of the required amount of landscaping within a reasonable period of time as determined by the Commission; taking into consideration, among other factors, the total lot area of the center, the number of businesses within the center, the existing amount of landscaping, and the cost to comply with the landscaping requirements of this chapter. (Ord. No. 1252) C. Where a building or buildings located within the Main Street Specific Plan area are nonconforming only by reason of an inadequate number of parking spaces, the proviSions of this chapter prohibiting enlargements, structural alteration or expansion shall not apply, provided: 1.' that any enlargements, structural alterations, or expansion shall not further reduce the existing number of parking. spaces, and ~ 2. new parking spaces shall be supplied "to meet the parking requirements for the difference in building area between the existing building and new building, and . 3. new parking spaces shall be supplied to meet the difference in parking requirements for the existing building between the prior use and the new use. Where property QWners cannot meet off-street parking requirements, permits may be granted if sai~ owners instead pay an in-lieu parking fee pursuant to the provisions of Section 28-1257. (Ord. No. 1406) (e ~. Zoning Code.Artlcle 24 e e e Zoning Text Amendment 06-1 Proposed Revisia1lS ta PrOllisions of Zoning Code re: Height Limits in RMD and RHD, District 1, Zanes (Old Town) Planning Commission Stqff Report September 20, 2006 ATTACHMENT 9 SECTION 28-2322, CONVERSION OF EXISTING AfARTMENTS TO CONDOMINIUMS, SUB- SECTION C, DEVELOPMENT STANDARDS ZT A 06-1.Hoight Lunit in DistriOl I.PC StaffRcport 21 e e e City of Seal Beach MunIcipal Code Chapter 28, Zoning; Article23 General Provisions, Condition"S and Exceptions, , Yards, Height, Araa, Open Spacs and Bulk November 2004 ( \ d. Signing shall be consistent with tne character and Signing of the primary use. 3. Large collection recycling facilities shall provide signin~ as follows: a. Information signs as required by this Section: b. Directional signs as necessary to facilitate traffic circulation; c" (Ord. No. 1257) Other signs as permitted by Article 18 of this 'Chapter. " !=lRclion '8.23'2 r:onvRn:lion of FYi!:;tiog ApArtmAnbl to r:onnnminillms. A. PllrpOSA: The intent and purpose of this section is to establish reasonable criteria and standards to govern the conversion of apartment units to ownership housing while protecting the low to moderate income housing supply, and to provide for the upgrading of properties through the conversion process. B. PlAnning r:ommillllinn ApprOvAl: ' The conversion of multiple family units to condominiums, as defined in Section, 1350 of the Civil Code; Section 11004 of the Business a,nd Professional Code for Community Apartment Projects; or Section 11003.2 of the' Business and Professions Code for Stock Cooperatives. shall be subject to approval by the Planning Commission through a Conditional Use Permit, and shall conform and be consistent with the provisions of the Subdivision Map Act, the City's subdivision ordinance and the General Plan. c C. DevRlopment !=:tannArrls: Multiple family, units proposed for condominium conversion shall :conform to all applicable, sta,ndard :of the zoning ordinances, including but not limited to height, setbacks, parking 'and minimum floor area, but excluding density. Condominium conversions shall observe the following standards for density. 1. Medium Density Residential (RMD) Zone: Districts I and 11..............:....................2,500 sq. ft. of land per dwelling unit 2. High Density Residential (RHO) Zone: ' District I .............................................. 2,178 sq. fl. of land per dwelling unit District II...............................:........:.... 1,350 sq. ft. of land per dwelling unit District Vi............................................ 960 sq. fl. of land per dwelling unit . L Zoning Code.Artlcle 23 22 " (~ City of Seat Beach Municipat Code Chapter 28, Zoning; Article23 Genera( Provisions, Condttions end Exceptions, Yards, Height, Area, Open Space and Bulk November 2004 3. For the purpose of calculating density in District I, all fractional numbers of units where the fractional portion is greater than 0.5 may be rounded to the next highest number. 4. Proposed condominium conversions for which a Final Tract Map has been filed with the County of Orange on or before September 1, 1987, shall have the right to rebuild the number of units legally existing at the time of approval, subject to a Minor Plan Review to the possibility of increaSing the number of on-site parking spaces subject to the availability and location of space on the site and the constraints imposed by the existing str:tlcture(s). D. GAnArAl Pmvi!::inn!l 1. Preapplication Review. ,r '-- - Zoning Code.Artlcle 23 a. Submittal of Plans. Prior to formal submittal of the Conditional Use Permit and Tentative Tract Map, the applicant shall submit three sets of. plans of the structure(s) proposed for condominium conversion. Such plans shall include the following: (1) A plot plan, showing all property lines and fully dimensioned street and alley locations, street names, walkways, patio ar- eas, all existing and proposed structures and dimensions of same. (2). All setbacks and building separations. (3) Automobile parking arrangement, including location of driveways and dimensions of same. " ...., . (4) Interior floor plans, including existing and proposed layout where applicable. b. (5) Building elevations, including exterior materials and colors. Report on Building Conditions. The Department of Development Service shall review the plans for conformity with all adopted building codes. The Department shall render a report on the proposed project, indicating required improvements, corrections and replacement of _ detrimental components as determined necessary. The repOrt shall cover but not be limited to, the following: foundation. framing, interior and exterior wall coverings. roof, . plumbing, electrical. wiring, utility connections,. built-in 23 e e e