HomeMy WebLinkAboutCC AG PKT 2009-09-28 #CALIEN®~ STAFF ~~~®RT
DATE: September 28, 2009
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: CONSIDERATION OF ELIIInINATlON OF PROVISIONS
REGARDING "COI/ERED ACCESS TO OPEN ROOF
DECK", ZONING CODE SECTION 28-2317.D
SUMMARY OF REQUEST:
Council to provide direction to Staff on any desired actions regarding "covered
access to open roof decks".
BAC~CGROUND:
Councilman Antos has requested this matter to be placed on the Council Agenda
for discussion and to allow the City Council to provide direction to Staff on any
desired actions.
The City Council recently denied four requests for "Covered Roof Access
Structures" ("CRAS's") in the 100 and 200 Block of Tenth Street. If the City
Council wishes to initiate a process to eliminate the applicable provisions in
Municipal Code Chapter 28, Zoning that allows for CRAS's to be considered by
the Planning Commission, that direction should be provided.
To initiate that process will require preparation of the appropriate Staff Reports
and environmental review documents for consideration by the Planning
Commission at a noticed public hearing. Upon Planning Commission
consideration and recommendation, the matter would then proceed to public
hearing before the City Council, and if the City Council were to then determine to
eliminate such provisions regarding CRAS's from the Municipal Code, an
implementing ordinance would then be introduced, second reading would be held
at the next City Council meeting after the introduction of the ordinance, and the
new ordinance provisions would then take effect 30 days after second reading of
the ordinance.
Agenda Item C
Page 2
Provided as Attachment A is a copy of Municipal Code Chapter 28, Zoning,
Section 28-2317.D, "Height Variation for Non-Habitable Architectural Features"
for the information of the City Council. It should be noted that this section of the
Zoning Code allows for other types of "Non-Habitable Architectural Features",
such as "...spires, towers, cupolas, belfries, monuments, parapets (not required
by the California Building Code), domes, and covered access to open roof
decks."
FINARICIAL IIUiPACT: None.
RECOIVI1111ENDATION:
Council to provide direction to Staff on any desired actions regarding "covered
access to open roof decks".
SUBMITTED BY:
~~ _. ~ e Whittenberg
Director of Development Services
NOTED AND APPROVED:
~'~'
David Carman ,City Manager
Attachments:
A. Municipal Code Chapter 28, Zoning, Section 28-2317.D, Height Variation
for Non-Habitable Architectural Features
Page 3
A~~AC~~ENT ~
f~iUNICIPAL CODE CHAPTER 28, ZONING,
SECTION 28-2317.D, HEIGHT VARIATION
FOR NON-HABITABLE ARCHITECTURAL
FEATURES
D
Height Variation for Non-Habitable Architectural Features
1. Scope: Non-habitable architectural features, such as spires; towers,
cupolas, belfries, monuments, parapets (not required by California
Building Code), domes and covered access to open roof decks may
exceed the height limit established for the district in which such
structure is located to a maximum of 7 feet if granted pursuant to
the procedures contained in this section.
2. Procedure:
a. Any person desiring to apply for a Minor Height Variation
Permit shall complete and fill out and submit an application,
required plans and property owners list to the Director of
Planning together with payment of the minor plan review fee
14 days prior to the Planning Commission meeting.
b. Notice of the application for a minor height variation shall be
given to all property owners within 300 feet .of the exterior
boundaries of the property.
c. Review:
(1) ~ The Planning Commission may at a scheduled public
hearing approve or disapprove such application,
subject to any conditions deemed appropriate. In re-
viewing an application; the Planning Commission shall
consider the following criteria and make findings
thereon:
(a) Whether such variation is appropriate for the
architectural style of the building.
(i) Whether all roofing materials of a
covered stairwell to an open roof deck
. are in substantial conformity with the
roofing materials of the remainder of the
structure.
(ii) Whether a covered stairwell to an open
roof deck is located along peripheral
exterior walls of the structure.
Article 23 -page 72
Cify of Seal Beach Municipal Code December 2004
revised 10/2005
(iii) Whether a covered stairwell to an open
roof deck is limited to the minimum area,
both horizontally and vertically,
necessary to cover the stairwell.
(b) Whether such variation is appropriate for the
character and integrity of the neighborhood.
(c) Whether such variation significantly impairs the
primary view from any property located within
300 feet.
(d) Detailed and complete plans for the proposed
work.
(Ord. No. 948; Ord. No. 1168; Ord. 1322; Ord. 1333; Ord. No. 1417)
Section 28-2318. Automobile Service Stations• Performance and Develo ment
Standards. Notwithstanding the requirements of any district, the following
performance and development standards shall apply to the establishment,
maintenance and operation of automobile service stations in the C-2 zone:
A. Purpose and Intent. The automobile service station standards are
established to allow the construction, operation and maintenance uses in
the zone. It is recognized that service stations warrant special
consideration because of several important elements of design and
operation that are unique and significant, such as: Total dependence on
vehicular traffic, distinctive physical appearance, unenclosed nature of
activities, and long hours of operation. ~ The standards are intended to
minimize any adverse effect on neighboring uses by the application of
standards for signs, landscaping, screening and the location and nature of
operating activities.
B. Uses Permitted. An automobile service station shall be a retail
place of business engaged in the sale of motor fuels and in supplying
goods and services generally required in operation and maintenance
of automobile vehicles and fulfilling of motorist automotive needs.
These may include sale of petroleum products; sale and servicing of
tires, batteries, automotive accessories and replacement items;
washing and lubrication services, the performance of minor
automotive maintenance and repair; supplying of other incidental
motorist services and products, and convenience market. Major
automotive repairs, painting, body and fender work, and any other use
permitted in the zone are prohibited. Only vehicles being serviced,
Arfic/e 23 -page 13
City of Seal Beach Municipal Code December 2004
revised 70/2005