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Home My WebLink AboutPC Res 03-35 - 2003-09-03 ., RESOLUTION NUMBER 03 - 35 OI?/GlfiJ J rl4/, .- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROV AL OF ZONE TEXT AMENDMENT 03-2, ELIMINATING SEPARATION STANDARDS FOR TWO- STORY CABANA STRUCTURES THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. At its meeting of September 3, 2003, the Planning Commission considered Zone Text Amendment 03-2. This amendment would: o Eliminate the current 20-foot separation standard for two-story cabanas within the Seal Beach Trailer Park or eliminate the separation requirements within only certain portions of the Trailer Park. o Require compliance with the Title 25 requirements of the California Code of Regulations for the distance separation for two-story cabanas within the Seal Beach Trailer Park. o Allow for two-story cabanas within the Seal Beach Trailer Park under the current review process. o Require all construction to comply with the standard construction requirements of the City pertaining to building, fire, electrical, plumbing, and mechanical uniform code requirements. Currently the City does not allow for the construction of two-story cabana structures unless there is a 20-foot separation distance between such structures, or a variance has been granted to vary from the required separation distance. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ II.B of tlle City's Local CEQA Guidelines, staff has detennined as follows: The application for Zone Text Amendment 03-2 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; ~ 15268 (Ministerial Projects) because the proposed zoning text amendment is ministerial in nature; and, pursuant to ~ 15061 (b )(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held by the Planning Commission on September 3,2003 to consider Zone Text Amendment 03-2. Section 4. the following: The record of the hearing of September 3, 2003 indicates (a) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. (b) The City established height standards within the Seal Beach Trailer Park in 1983 by the adoption of Ordinance No. 1135 and established design standards Z \My Documcnts\RESO\ZTA 03-2 PC Reso (Cabana Separatton).doc\LW\09-04-03 -' Planning Commission Resolution 03-35 Zone Text Amendment 03-2 Elimination of Two-Story Cabana Separation Standard September 3, 2003 and separation requirements for two-story cabanas within the Seal Beach Trailer Park in 1983 by the adoption of Ordinance No. 1137. (c) The proposed text amendment will revise the City's zoning ordinance and allow for the future construction of two-story cabana structures within the Seal Beach Trailer Park. (d) Spaces 42, 43, 69 through 91, and 95 through 113 within the Trailer Park are not able to accommodate the smallest, readily available mobile home/modular home (399 square feet), as currently manufactured by the major providers of such housing. This is a total of 43 trailer spaces, out of 125 spaces within the Seal Beach Trailer Park. (e) The Zoning Ordinance of the City currently requires a 20-foot separation between "Two-Story Cabanas" pursuant to Section 28-2319 of the Code. These standards could be interpreted to prohibit the location of two-story units that are manufactured homes unless there is compliance with the 20-foot separation standard in the Code. This is the current interpretation of the Code that staff enforces. (f) Title 25 of the California Code of Regulations defines a "cabana" as "A portable, demountable, or permanent room enclosure or other building erected or constructedfor human occupancy." (g) New 2-story homes are constructed within Surfside and Old Town that provide a 3-foot setback from side property lines, as is required within the Trailer Park, in compliance with standard Building and Fire code requirements. (h) The 20-foot separation provision for two-story cabanas currently restrains the ability of residents of the Trailer Park to add additional second-story living area. This restriction is particularly restrictive when applied to the many of the trailer spaces, due to small size of those trailer space rent areas, in some cases as small as 23.5'x 23 '-0". (i) In the community of Surfside and the Seal Beach Trailer Park, the predominant building site area is significantly smaller than exists within the Old Town area of 2,500 square feet, which is the most comparable traditional neighborhood area within the City. Within Surfside a residential structure can be built to a maximum of35' high by right, with minimum 3-foot setbacks from adjoining property lines (exceptions are set forth for the property line facing a roadway). In Old Town, two- and three-story structures can be built by right depending on the lot width of the property, again with a minimum 3-foot side yard setback. In Old Town lots that are at least 37.5 feet wide may construct a third story on the rear half of the lot. CD The City has adopted local amendments to the building and fire codes that deal specifically with lots less than 1,000 square feet in size in Section 5-30.22 of the Code. "Exception" 7 of this section applies to Surfside and to the very few lots within the remainder of the community that are less than 1,000 square feet in area. This provision has been in the Code of the City since at least 1980. This section states: "Section 1004.2.3.2 - From individual floors is amended by amending Exception 4, and adding Exception 7 to read as follows: EXCEPTIONS: 4. Occupied roofs on Group R, Division 3. Occupied roof areas which have four hundred (400) square feet (37.16 m2) or less which is an open and unenclosed sun deck may have 1 exit if located no higher than immediately above the second story, if a two-story structure, or immediately above the third story, if a three-story structure. ZTA 03-2 PC Reso (Cabana Separation) 2 ~ Planning Commission Resolution 03-35 Zone Text Amendment 03-2 Elimmation ofTwo-St01Y Cabana Separation Standard September 3, 2003 7. Group R, Division 3 Occupancies located on a lot with 1000 square feet of ground area or less may provide the following in-lieu of the second required exit: (a) A fixed emergency exit ladder from the top habitable floor to natural grade. Other ladder systems approved by UL and ICBO may be used if approved by the Building Official; and (b) The dwelling shall contain a 13-D fire sprinkler system, as approved by the Orange County Fire Authority and the Building Official." (k) The zoning provisions regarding the issue of two-story cabanas within the City also require the provision of fire sprinkler systems and are set forth at Section 28-2319.E.1 of the Code, which reads as follows: "E. Safety Requirements. 1. A life safety sprinkler system shall be installed throughout the trailer and cabafia in accordance with the requirements set forth in National Fire Protection Association, Section No. 13D, 1980 Edition as may be amended." (I) From a public safety standpoint, the same construction and fire sprinkler requirements are currently applicable to the trailer park as are applicable to Surfside and Old Town. (m) The proposed amendments, either for the entire park or for portions thereof, will still impose the measures imposed in 1983 by both the Fire Department and the City relative to construction standards and fire sprinkler systems. Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~ 28-2600 of the City's Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 03-2 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed use is consistent with the General Plan. The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. Specifically, this amendment would: o Eliminate the current 20- foot separation standard for two-story cabanas within the Seal Beach Trailer Park or eliminate the separation requirements within only certain portions of the Trailer Park. o Require compliance with the Title 25 requirements of the California Code of Regulations for the distance separation for two-story cabanas within the Seal Beach Trailer Park. o Allow for two-story cabanas within the Seal Beach Trailer Park under the current review process. o Require all construction to comply with the standard construction requirements of the City pertaining to building, fire, electrical, plumbing, and mechanical uniform code requirements. ZTA 03-2 PC Reso (Cabana SeparatIOn) 3 ,z Planning Commission Resolution 03-35 Zone Text Amendment 03-2 EliminatIOn of Two-Story Cabana Separation Standard September 3, 2003 Section 6. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 03-2 to the City Council as set forth on Exhibit A, attached to this resolution and incorporated herein. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 3rd day of September, 2003, by the following vote. AYES: Commissioners DEATON, EAGER, LADNER, SHANKS, AND SHARP NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ZTA 03-2 PC Rcso (Cabana Separation) 4 I .. Planning Commission Resolution 03-35 Zone Text Amendment 03-2 Elimination of Two-Story Cabana Separation Standard . September 3, 2003 "EXHIBIT A" Section 28-2319, "Development Standards for Two-Story Cabanas", is revised to read as follows (new text is indicated by bold and double underline text and existing text to be deleted is indicated by atHlhl@ Strih:ethlS1:lgh ttmt): "Section 28-2319. Develooment Standards for Two-Story Cabanas. A. Purpose and Intent. In order to ensure the compatibility, safety and timely completion of two-story cabanas within a mobile home park or trailer park, the following development standards and procedures are established. B. Planning COlmnission Approval. Prior to the issuance of a permit for the construction of two-story cabanas within a mobile home park or trailer park, said permit applications shall be subject to architectural review and approval by the Planning Commission as authorized by the Seal Beach Redevelopment Agency. Determination that the proposed construction complies with the requirement of this Section and all applicable laws including the provisions in Title 25 of the California Administrative Code shall be made by the Building Department. C. Height Limits. 1. The maximum permitted building height shall not exceed two stories or 25 feet in overall height. 2. The area between 20 feet and 25 feet in overall height shall consist exclusively of roofing. D. Decks and Balconies. No decks or balconies shall be permitted above the floor level of a second story. E. Safety Requirements. 1. A life safety sprinkler system shall be installed throughout the trailer and cabafia in accordance with the requirements set forth in }-Iatislial Fir@ Prst@tJtisli .~~ssstJiatisli, S@gtisli }-Is. 13D, 1989 Emtisli the 2001 California BuiIdine: Code. Section 1004.2.3.2. as locally amended bv Citv of Seal Beach Ordinance No. 1488. Section 5-30.22. Execution 7. as may be amended. 2. The exterior of the cabafia shall be constructed of stucco, or 1 hour fire-rated material shall be installed under wood siding. 3. }Je fv/e stet') fJaeaila shall h@ le@atfJa glesgr thMl t\-,mty feet frem 8nsther t .;e stery fllahaiia. ~4.The setbacks and clearances of Title 25, California Administrative Code shall be applicable to all two story cabanas. ZTA 03-2 PC Rcso (Cabana Separal1on) 5 '" .. Planning Commission Resolution 03-35 Zone Text Amendment 03-2 Elimination of Two-Story Cabana Separation Standard September 3, 2003 ~~.The foregoing safety requirements of this subsection E, apply to all partially constructed two-story cabanas for which new building permits are required for completion of the cabafia. F. Permit Expiration 1. In accordance with Section 1038(2), Title 25, California Administrative Code, all permits to construct or reconstruct a two-story cabafia shall expire two years from the date the initial building permit is issued. 2. Upon the expiration of the two-year period in subsection F(I), all partially completed improvements shall be removed within 90 days of written notice by the City Building Department." * * * * ZTA 03-2 PC Reso (Cabana Separalion) 6