HomeMy WebLinkAboutCC AG PKT 2008-05-12 #B
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Agenda Item
Council Item *8
"Discussion regarding the new Zoning
Ordinance #1569" - Antos
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Staff Report will be delivered
under separate cover
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AGENDA REPORT
DATE:
TO:
THRU:
May 12, 2008
Honorable Mayor and City Council
FROM:
David Carmany, City Manager
Lee Whittenberg, Director of Development Services
SUBJECT: CONSIDERATION OF ISSUES REGARDING NEW ZONING
ORDINANCE (TITLE 11)
SUMMARY OF REQUEST:
City Council consideration of the following issues regarding the new Zoning Ordinance,
Title 11, Zoning (Ordinance 1569).
1)
To date, a number of applicants have submitted applications and/or plans for
residential development that may be affected by the new Zoning Ordinance. The
Council will consider allowing applications to be processed under the zoning
ordinance in effect on April 20, 2008.
2) Clarification of effect of new zoning provisions on different areas of the City, the
ability to rebuild existing residences after fires, and the ability to remodel or
expand existing non-conforming residences.
3) Further action regarding Ordinance 1569.
BACKGROUND:
On April 21 the City Council adopted Ordinance Number 1569, An Ordinance of the City of
Seal Beach Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, in
its Entirety and Adopting a New Title 11, Zoning.
As a result of that action, several issues have been brought forward for additional
consideration by the City Council at the request of the Mayor that are discussed in
greater detail below:
AGENDA ITEM B
\\SBNAS\Users\LWhltt.enberg\My Documents\Zoning Code Revisions\Seal Beach Revislons\Flnal Zoning Code\Zonlng
Ordinance Issues.CC Staff Report.DOC\LW\OS-G5-08
Consideration of Issues Regarding
New Zoning Ordinance (Title 11)
City Council Staff Report
May 12, 2008
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I. PROJECTS IN "PIPELINE":
As of April 21, 2008, 34 persons had submitted either applications or plans for
residential development that might be affected by Ordinance Number 1569. Staff
requests Council direction on how to address these projects ("Pipeline projects").
Under controlling California law, applicants acquire a vested right to complete a proposed
project only after (1) they receive a valid building permit or its functional equivalent and (2)
after issuance of the permit, they perform substantial work and incurred substantial
liabilities in good faith reliance on the permit.
As a courtesy, Staff has notified these applicants of the adoption of the new Zoning Code.
The letters state that the new Zoning Ordinance will apply to all projects that do not receive
building permits by May 21.
In the past, the City Council has allowed Pipeline projects to proceed under the old
standards, even though the project proponent may not have obtained a building permit or
performed substantial work and incurred substantial liabilities in good faith reliance upon a
building permit after it has been issued.
City Council Options re: "Pipeline" Proiects:
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The City Council has the following options:
1. Direct staff to process Pipeline projects under the old Zoning Ordinance, as
determined appropriate by the City Council. In addition, the Council may, at its
discretion, establish a date under which those Pipeline projects must receive all
necessary City approvals and permits.
2. If the Council does not choose Option 1, the new Zoning Ordinance will apply to
all projects that do not receive building permits by May 21, 2008. .
II. IMPACTS OF ORDINANCE NO. 1569:
Clarification of Effect of New Zonina Provisions on Different Areas of
the City. and Existina Structures (e.a.. the Ability to Rebuild Existina
Residences After Fires. the Ability to Remodel or Expand Existina
Non-Conformina Residencest,
1.
Under the existing Zoning Ordinance, residences can be built to a height of 25
feet in the following areas of the City: College Park East, College Park West, the
"Hill", and Bridgeport/Suburbia. There has been no change to the height limit for
those areas.
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Consideration of Issues Regarding
New Zoning Ordinance (Title 11)
City Council Staff Report
May 12, 2008
Under the existing Zoning Ordinance, residences on single lots in the Old Town
area can be built to a height of 25 feet. There has been no change to that height
limit in the new Zoning Ordinance.
2.
Under the existing Zoning Ordinance, residences on lots in the Old Town area
37.5 feet or wider could have been built to a height exceeding 25 feet, up to a
maximum of 35 feet and only on the rear half of the lot. The new Zoning
Ordinance has reduced the maximum height to 25 feet for aHlots in Old Town.
Staff has been requested to again provide a summary of the actual impacts of
the Floor Area Ration (FAR) standards on the size of homes that can be built.
Provided below is a brief summary of information that has previously been
included in the March 26 Planning Commission Staff Report and included in the
April 14 City Council Staff Report:
3.
4.
RLD-9 District (Colleae Park and "Hill" areas:
Assumed Lot Size:
Allowable Lot Coverage:
Maximum Habitable Area by Lot Coverage:
Floor Area Ratio (FAR):
Maximum Habitable Area by FAR:
Average Size Home Currently Being Built:
Minimum and Maximum Size Home Built:
Average Size Home Currently Being Built,
excluding minimum and maximum size
homes:
6,000 square feet (60' x 100')
45%
5,000
0.70 to 0.80
4,200 to 4,800 square feet
2,967 square feet*
1,866 (single story) - 5,914 (on
8,406 square foot lot).
2,783 square feet
* Note: Based on 12 homes evaluated during preparation of Title 11 - average lot size
was 6,371 square feet, with minimum and maximum lot sizes of 5,000 and
10,092 square feet.
Zoning Ordinance Issues.CC Staff Report
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RHD-20 District {Old Townt.
Assumed Lot Size:
Allowable Lot Coverage:
Effective Lot Coverage:
Consideration of Issues Regarding
New Zoning Ordinance (Title 11)
City Council Staff Report
May 12, 2008
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2,937.5 square feet (25' x 117.5')
75% (Not Applicable - see Item 5
discussion below)
65.3% (see Item 5 discussion
below)
Maximum Habitable Area by
Minimum Setback Standards:
Floor Area Ratio (FAR):
Maximum Habitable Area by FAR:
Average Size Home Currently Being Built:
Minimum and Maximum Size Home Built:
Average Size Home Currently Being Built,
excluding single-story home: 2,838 square feet*
* Note: Based on 6 homes evaluated during preparation of Title 11 which are on 25' x
117.5' lots
3,436
1.00 to 1.10
2,937 to 3,230 square feet
2,594 square feet*
1,373 (single story) - 2,991*
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5. In addition, it has been requested that Staff provide additional clarification
regarding the effect of the new Title 11 regarding the size of a home that can be
built under the current code provisions of Chapter 28 and under the new Title 11,
Zoning.
Discussion re: RHD-20 District Allowable Building Size
Based on the required "Minimum Setback" standards of the Code, which are not
proposed for any change, and assuming the following basic development
standards of a 12-foot front yard setback and a 9-foot rear yard setback
(assumes a 15-foot wide alley) with a second floor projection of % of the required
rear yard setback, lots in the RHD-20 District have the following effective,
"allowable lot coverage" under the cu.rrent provisions of Chapter 28 ("Old Zoning
Code"):
o 25 x 100 foot lot (2.500 SQuare feet): 63.5%
o 25 x 117.5 foot lot (2.937.5 SQuare feet): 65.3%
o 37.5 x 100 foot lot (3.750 SQuare feet): 66.8%
o 37.5 x 117.5 foot lot (4.406.25 SQuare feet): 68.7%
o 40 x 100 foot lot (4.000 SQuare feet): 66.8% .
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40 X 117.5 foot lot (4.700 SQuare feet):
50 x 100 foot lot (5.000 SQuare feet):
50 x 117.5 foot lot (5.875 SQuare feet):
68.8%
66.8%
68.8%
As can be seen by the above calculations, it is not possible to construct new
residences on lots within the RHD-20 District at the currently permitted
"Maximum Lot Coverage" of 75% due to the imposition of the "Minimum Setback"
requirements. In fact, the "Maximum Lot Coverage" that is possible due to the
imposition on the "Minimum Setbacks" is between 63.5% and 68.8%, with the
percentage increasing as the lot size increases.
In the RLD-9 District the "Minimum Setback" standards do not reduce the
"Maximum Lot Coverage", as the "Maximum Lot Coverage" standard is 45% for
the RU~-9 District, and is not proposed to be changed.
Based on the above "allowable lot coverage" under the current provisions of
Chapter 28 ("Old Zoning Code") that is based on the "Minimum Setback"
standards of the RHD-20 District, provided below is a summary of the current
"Maximum Habitable Building Areas" under the current Zoning Code and the
New Title 11.
Please note that the column titled "Current Code - Maximum Habitable
Building Area - Lot Coverage Standard" is provided for information purposes
only, as it is not possible to construct a home in the RHD-20 District pursuant to
that standard currently due to above discussed impact of compliance with the
"Minimum Setback" standards.
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Consideration of Issues Regarding
New Zoning Ordinance (Title 11)
City Council Staff Report
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COMPARISON OF PROPOSED FAR TO
CURRENT LOT COVERAGE RHD-20 DISTRICT r-
(AS REVISED BY STAFF , MAY 10, 2007 AND MAY 7, 2008)
Lot Area Current Current Current City
Lot Current Code - Code - Proposed
(Square Coveragel Lot Maximum Maximum Maximum
Feet) Lot Size Square Habitable Habitable Habitable
Footage Building Building Building
Area - Lot Area - Area
Coverage Setback
Standard Standard
2500 - 2999
RHD-20: 75% 2,875 sf 3.912 3,257 2,875 -
District 1 25' x 115' 3,162
3000 - 3999
RHD-20, 75% 3,450 sf 4.775 4,220 2,932 -
District 1 30'x115' 3,277
4000 - 4999
RHD-20, 75% 3,450 -
District 1 37.5' x 4,312 sf 6.068 5,335 3,881
115'
w/3rd 4,312 sf 7.523 6,925 3,881 -
Story- 4,523
5000 - 5999
RHD-20, 75% 5,750 sf 8.225 7,300 4,312 -
District 1 50' x 115' 4,888
w/3rd 5,750 sf 10.165 9,420 4,888 -
, 5,750
Story**
Note: For comparison purposes garages are assumed to be 400 square feet in area
** As proposed by the Commission, noted adopted by City Council.
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Consideration of Issues Regarding
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6.
There has been no substantive change in the regulations affecting the ability to
rebuild existing residences after fires, and the ability to remodel or expand
existing non-conforming residences:
I:J The new language regarding "Restoration of Damaged Nonconforming
Structures" is in Section 11.4.40.050, and there are no substantive
changes between the current code (Section 28-2406) and the new Code.
The changes are in formatting and language. Copies of both sections are
provided as Attachment 1 for information.
I:J The substantive change in the non-conforming section is in Section
11.4.40.020, which adds the additional criteria of "Fayade articulation" and
"Additional front stepback above 14 feet" to the allowable criteria of being
able to request CUP approval by the Planning Commission for a structural
alteration or addition to a single-family home. This additional language
was specifically inserted in order to allow a request for an addition to an
existing residence to be considered by the Planning Commission through
the Conditional Use Permit process if the existing home does not comply
with those new standards. Copies of both sections (Section 11.4.40.020
and Section 28-2407) are provided as Attachment 2 for information.
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III. ISSUES RELATED TO REVISITING ORDINANCE NO. 1569:
The City Council has a number of options regarding Ordinance No. 1569, including
repealing, rescinding or amending the Ordinance, or portions thereof, and taking further
action related to the subject matter of the Ordinance. In addition, governing law provides
additional options concerning an election held on the Ordinance.
FISCAL IMPACT:
Minimal.
NOTED AND APPROVED:
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David Carmany
City Manager
Attachments: (2)
Attachment 1:
Title 11: Zoning, Section 11.4.40.050, and Chapter 28,
Section 28-2406
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Attachment 2:
Title 11: Zoning, Section 11.4.40.015 and Section
11.4.40.020 and Chapter 28, Section 28-2407
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ATTACHMENT 1
Consideration of Issues Regarding
New Zoning Ordinance (Title 11)
City Council Staff Report
May 12, 2008
TITLE 11: ZONING, SECTION 11.4.40.050, AND
CHAPTER 28, SECTION 28-2406
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Consideration of Issues Regarding
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TITLE 11: ZONING, SECTION 11.4.40.050
(NEW ZONING CODE)
liS 11.4.40.050
Restoration of Damaged Nonconforming Structures.
A. Damage Equal to or Less than 50 Percent A nonconforming structure
damaged 50 percent or less of its replacement cost by fire, explosion or other
occurrence may be restored and the use that existed therein at the time of the
occurrence may be continued in the same manner that lawfully existed prior to the
occurrence. For the purposes of this Section, replacement cost shall be determined as
of the day immediately prior to the occurrence.
B. Residential Structure - Damage Greater than 50 Percent A
nonconforming residential building damaged to the extent of more than 50 percent of its
replacement cost by fire, explosion or other occurrence may be restored and reoccupied
in the same residential manner that lawfully existed prior to the occurrence, as follows:
1. Reconstruction Pursuant to Building Permit The Director may
issue a building permit to reconstruct the damaged structure, provided:
a. The owner provides the applicable minimum number of
standard, open and accessible covered parking spaces.
b. The property meets or exceeds minimum setbacks required
by this Title.
c. The reconstructed building does not exceed the maximum
height standards of this Title.
d. The number of units on the property shall not exceed the
number of units legally existing at the time of the occurrence, or one unit for each 950
square feet of lot area, whichever is less. For the purpose of calculating density, all
fractions of units shall be rounded to the next highest whole number.
2. Reconstruction Pursuant to Administrative Use Permit If the
owner is unable to provide the minimum number of required parking spaces, the Direc-
tor may issue an Administrative Use Permit. pursuant to Chapter 11.5.20: Development
Permits, to reconstruct the damaged structure, provided:
a. The owner provides a minimum of one standard, open and
accessible covered parking space for each unit. Tandem spaces existing at the time of
the occurrence shall be restored, but interior spaces shall not be counted in satisfying
the requirement of one space per unit.
b. The property meets or exceeds minimum setbacks required
by this Title.
c. The reconstructed structure does not exceed the maximum
height standards of this Title.
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d. The number of units on the property shall not exceed the
number of units legally existing at the time of the occurrence, or one unit for each 950
square feet of lot area, whichever is less. For the purpose of calculating density, all
fractions of units shall be rounded to the next highest whole number.
3. General Provisjons. In addition to the specific provisions of
subsections 1 and 2, above:
a. There shall be no increase in the habitable area, unless this
Title allows additional habitable space.
b. There shall be no increase in the number of units, unless this
Title allows additional units.
c. No units measuring less than 500 square feet may be
restored unless the Director makes the following findings:
i. All units and rooms meet the minimums established
for residential occupancies under the California Building Code.
ii. 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 parking requirements and the existing sound primary structure.
d. Any entitlement conferred by a permit issued pursuant to this
Section shall expire if reconstruction does not commence within 1 year from the date of
issuance, in which case the nonconforming structure or use shall be considered
abandoned and subject to Section 11.4.40.045: Abandonment of Nonconforming Uses;
Conditional Use Permit for Reestablishment of Abandoned Uses.
e. The Building Official shall determine replacement cost, using
valuation methods adopted by the Building Official. If the property owner disputes the
Building Official's determination, the owner may, at its own cost, hire a licensed
appraiser, approved by the Building Official, to determine replacement cost.
C. Administrative Use Permit; Non-Residential Structure Damaged More
then 50 Percent The Director may issue an Administrative Use Permit pursuant to
Chapter 11.5.20: Development Permits, to restore a nonconforming non-residential
structure damaged to the extent of more than 50 percent of its replacement cost by fire,
explosion or other occurrence provided:
1. The owner provides, at a minimum, the same number of on-site
parking spaces as were provided as of the day immediately prior to the occurrence.
The owner shall increase the ratio of parking to square footage, either by reducing the
square footage or by providing additional parking on-site. The City may not require a
reduction in square footage of more than 25 percent.
2. The property meets or exceeds minimum setbacks required by this
Title.
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3. The reconstructed structure does not exceed the maximum height .
standards of this Title.
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D. Director and Building Official Review - Legality of Existing
Improvements. The owner of any damaged nonconforming structure is responsible for
establishing the lawful existence of all improvements in the course of the reconstruction
process. The owner may apply for a City determination of the structural integrity of the
structure and the legality of improvements. The Master Fee Schedule establishes the
fee for such determination. Upon application, the Building Official shall inspect the
interior and exterior of the structure and review City planning and building files.
Following the review, the Director shall issue a statement of findings, which shall be
final and conclusive unless appealed to the Planning Commission. The owner may
obtain information contained in the City's public records regarding the owners
nonconforming structure without filing the application provided hereunder.
E. Alternate Procedures After a Natural Disaster. The City Council may
adopt alternative procedures for the approval of the reconstruction of nonconforming
structures damaged by a natural disaster. See also Part I: General Provisions; Section
11.1.05.020.G: Application During Local Emergency.
F. Reassessment Procedure. Pursuant to California Government Code
Section 43007, 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 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, apply for the reassessment of such improvement and 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 value, if any, of
the improvement immediately after the destruction, and the county assessor shall, on or
before October 31 st 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 that year equalize any such assessment or reassessment.
The tax rate fixed for property on the roll 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 be 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. n
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CHAPTER 28, SECTION 28-2406
(CURRENT ZONING CODE)
"Section 28-2406. Reconstruction of Damaaed or Destroved Nonconformina Buildinas.
A. 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 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.
Reconstruction Subiect to Administrative Plan Review. Nonconforming
residential buildings may be reconstructed pursuant to Administrative Plan
Review by the Director of Development Services 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 calculat"ing density, all fractions of units shall be
rounded to the next highest whole number.
2. Reconstruction Subiect to Minor Plan Review Permit. Nonconforming
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 satisfying 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.
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(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
rounded to the next highest whole number.
General Provisions. 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 residential 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:
i. All units and rooms meet the minimums established for
residential occupancies under the Uniform Building Code.
ii. 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 parking 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 28-2401 shall be applicable.
(e) 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 appraiser, selected and paid for by the
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 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 reconstructed subject to consent calendar plan review in accordance with
the following criteria:
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3.
1.
The property shall provide, at a minimum, the same number 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
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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 restrictions 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 Untform Building Code, and shall consist of an internal
and external 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 responsibility to establish the lawful existence of all
conditions 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 nonconforming building without making the request
provided hereunder.
E.
The City Council may adopt alternative 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 31st of that year and 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 and deliver to the county assessor a written
statement under oath, accompanied by a certificate of a disinterested competent
person or authority showing the con~:jjtion and value, if any, of the improvement
immediately after the destruction, and the county assessor shall, on or before
October 31 st 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 that year equalize any
such assessment or reassessment. The tax rate fixed for property on the roll 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
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less than the tax theretofore computed, the taxpayer shall be 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
California Government Code Section 43007. To the extent that the provisions 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 enacted procedures shall control. (Ord. No. 1255)"
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ATTACHMENT 2
TITLE 11: ZONING, SECTION 11.4.40.015 AND
SECTION 11.4.40.020 AND CHAPTER 28,
SECTION 28-2407
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TITLE 11: ZONING, SECTION 11.4.40.015 AND
SECTION 11.4.40.020
(NEW ZO~ING CODE)
"111.4.40.015
Minor Improvements to Nonconforming Residential Structures.
A. Minor Improvements Requiring Only a Building Permit
1. Skylights.
2. Solar Systems.
3. Windows.
4. Decorative exterior improvements.
5. Utilities.
.
6. Other similar minor structural improvements approved by the
Planning Commission.
B. Minor Improvements Requiring an Administrative Use Permit.
1. Open roof decks.
2. Balconies and porches (not enclosed).
3. Roof additions over balconies and porches.
4. Roof eaves projecting 5 feet into the required rear yard setback in
the RLD-9 District, along Ocean Avenue between First Street and Eighth Street.
5. Exterior doors.
6. Garages, carports, and additional covered parking spaces.
7. Interior wall modifications and remodeling which involves removal of
or structural alteration to less than 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 bedroomlbathroom ratio: one bath for each
bedroom plus an additional half-bath. The number of bedrooms shall not be increased if
. the subject property is nonconforming due to density or parking.
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Consideration of Issues Regarding
New Zoning Ordinance (Title 11)
City Council Staff Report
May 12, 2008
8. Reduction in the number of units involving removal or structural
alteration to less than 50 percent of the structure's interior walls.
.
9.
111.4.40.020
Other similar minor improvements, as determined by the Director.
Structural Alterations or Additions to Single Unit Residences
Require a Conditional Use Permit (All Residential Districts).
A. Conditionally Permitted Alterations and Additions. Subject to
Subsection B of this Section, the Planning Commission may grant a Conditional Use
Permit pursuant to Chapter 11.5.20: Development Permits, for structural alterations or
additions to any single unit residence that is nonconforming only with respect to one or
more of the following required development standards:
1. Maximum building height;
2. Minimum building setbacks;
3. Fayade articulation; and/or
4. Additional front stepback above 14 feet.
.
B. Required Features for Conditionally Permitted Alterations and
Additions. No Conditional Use Permit shall be issued pursuant to Subsection A unless
both of the following requirements are met:
1. Applicable minimum yard dimensions are maintained; and
2. The nonconforming side yard setback is no less than 3 feet in
width. Notwithstanding this requirement,
a. Existing legal non-conforming exterior stairways that comply
with all other applicable provisions of the California Building Code may be located in the
setback.
b. Side yard setbacks may be less than 3 feet in width on
properties developed pursuant to a "Precise :plan" or "Planned Unit Development."
.
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Consideration of Issues Regarding
New Zoning Ordinance (Title 11)
City Council Staff Report
May 12, 2008
CHAPTER 28, SECTION 28-2407
(CURRENT ZONING CODE)
"Section 28-2407. Enlaraements or Structural Alterations to Nonconformina Residential
Buildinas and Uses. Nonconforming residential buildings may be enlarged or
structurally altered as provided in this section.
A. Permitted Imorovements.
1.
Minor Structural Alterations and Imorovements 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.
(f) Adding or replacing utilities.
(g) Other minor structural alterations and improvements similar to the
foregoing, as determined by the Planning Commission.
2. Minor Structural Alterations or Imorovements 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) Open roof decks.
(b) Additional balconies and porches (not enclosed).
(c) 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 Zone.
(d) Additional exterior doors.
(e) Additional garages and carports, including tandem garages and
carports.
(f) 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 bedroomlbathroom ratio: one
bath for each bedroom plus an 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.
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3.
Consideration of Issues Regarding
New Zoning Ordinance (Title 11)
City Council Staff Report
May 12, 2008
(g) Reduction in the number of units involving removal or structural
alteration to less than fifty percent (50%) of the structures interior
walls. .
(h) Other minor structural alterations and improvements similar to the
foregoing, as determined by the Planning Commission.
Residential Low Density Zone. Plannina Districts 1 throuah 7: Structural
Alterations. Enlaraements or Excansions 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 residential buildings and uses, including the
required setback for existing 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.
(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 the California Building 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) The existing nonconforming side yard setback may be less than
three (3) feet in width on properties developed pursuant to "Precise
Plan" or "Planned Unit Development" approvals previously granted
by the City.
4.
Residential Medium Density Zone and Residential High Density Zone.
Plannina District 1: Structural Alterations. Enlaraements or Excansions 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 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.
(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
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.
.
.
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(c)
Consideration of Issues Regarding
New Zoning Ordinance (Title 11)
City Council Staff Report
May 12, 2008
applicable provIsions of the California Building 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.
Garage and carport setbacks adjacent to a public alley shall comply
with current applicable setback requirements."
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