HomeMy WebLinkAboutCC AG PKT 2010-03-22 #QAGENDA STAFF REPORT
DATE: March 22, 2010
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Mark Persico, AICP, Director of Development Services ,
SUBJECT: MUNICIPAL CODE AMENDMENT TO SECTION 28-
2317.D, HEIGHT VARIATION FOR NON - HABITABLE
ARCHITECTURAL FEATURES, TO ELIMINATE
PROVISIONS REGARDING COVERED ACCESS TO
ROOF DECKS (ZONE TEXT AMENDMENT ZTA 10 -1)
SUMMARY OF REQUEST:
Introduce Ordinance No. 1594, an ordinance amending Section 28- 2317.13, of
the Seal Beach Municipal Code to eliminate height variations for covered roof
access structures (Zone Text Amendment 10 -1). Instruct staff to schedule for
second reading and adoption at the next regular City Council meeting.
BACKGROUND:
On September 28, 2009, the City Council directed Planning staff and the
Planning Commission to review the matter of covered roof access structures and
return with a recommendation. The Council action was in response to denial of
four requests for Height Variations (No. 09 -3 through 09 -6) for property at 124,
126, 202, and 204 Tenth Street.
On February 17, 2010, the Planning Commission conducted a public hearing and
unanimously adopted Resolution 10 -12 thereby recommending to the City
Council elimination of certain provisions of the Zoning Code related to covered
roof access structures. The Planning Commission found that Zoning Text
Amendment 10 -1 is consistent with the provisions of the various elements of the
City's General Plan.
Subsequent to the Planning Commission action of February 17, staff received
feedback from various residents and Board members in Surfside Colony who are
concerned with the elimination of height variations. The Board has gathered
signatures of residents seeking to keep the height variations in effect for Surfside
Colony.
Agenda Item Q
Page 2
The current zoning code recognizes the uniqueness of Surfside Colony and has
a series of general provisions and exceptions which are contained in Article 5
Section 28 -500 et seq. Provisions of these sections only apply to District III
(Surfside Colony) and allow for reduced setback, reduced lot size and increased
height. Based upon the desire of Surfside residents to have covered roof access
structures and other height variations, staff would suggest that the current height
exceptions in Section 28 -2317 D be moved to a new Section 28 -508 specifically
for Surfside Colony. However, because this issue came to light after the public
notice was published for this hearing the City Council cannot take action this
evening. If the City Council wishes to pursue exceptions in Surfside Colony, a
separate zone text amendment would need to be noticed and another hearing
conducted.
It should also be noted that the Planning Commission is considering a zone text
amendment to repeal all height variations for architectural projections. The
hearing was held on March 18, 2010 (which is after this report was prepared) and
staff will update the City Council on the status of that amendment on March 22.
Environmental Review
Staff has determined the application for Zoning Text Amendment 10 -1 is
categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor Alterations in
Land Use Limitations) because it consists of minor alterations in land use
limitations in average slope of less than 20% and does not result in any changes
in land use or density; and, pursuant to § 15061(b)(3), because it can be stated
that there is no possibility of a significant effect on the environment.
Proposed Language for Section 28- 2317.D:
The proposed language eliminates the capability of applying for a "Height
Variation' for covered access to roof decks. The proposed amendments will not
change current provisions regarding height variations for other identified
architectural features. A strike -out version of the proposed language follows:
"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
Uniform Building Code), and domes and ow.
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.
Page 3
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 reviewing 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.
(b) Whether such variation is appropriate for
the character and integrity of the
neighborhood.
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(b) Whether such variation is appropriate for
the character and integrity of the
neighborhood.
Page 4
(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."
FINANCIAL IMPACT:
There is no financial impact created by this Code Amendment.
RECOMMENDATION:
Adopt the Planning Commission's findings and introduce Ordinance No.
1594, AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
SECTION 28- 2317.D OF THE SEAL BEACH MUNICIPAL CODE
ELIMINATING HEIGHT VARIATIONS FOR NON - HABITABLE COVERED
ROOF ACCESS STRUCTURES. Instruct staff to schedule for second
reading and adoption at the next regular City Council meeting.
SUBMITTED BY:
Mark Persico, AICP
Director of Development Services
NOTED AND APPROVED:
David Carmany
City Manager
Attachments:
1. Ordinance No. 1594
2. Draft Planning Commission Resolution 10 -12
3. Draft Planning Commission Minutes February 17, 2010
4. Petition from Surfside Colony requesting Height Variations
ATTACHMENT 1
ORDINANCE AMENDING SCETION 28- 2317.D
OF THE
SEAL BEACH MUNICIPAL CODE
ORDINANCE NUMBER 1594
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
SECTION 28- 2317.D OF THE SEAL BEACH MUNICIPAL CODE
ELIMINATING HEIGHT VARIATIONS FOR NON - HABITABLE
COVERED ROOF ACCESS STRUCTURES
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1 . The City Council hereby amends Seal Beach Municipal Code
Section 28- 2317.D, Height Variation for Non - Habitable Architectural Features to
read as follows:
"D. Height Variation for Non - Habitable Architectural Features
Scope: Non - habitable architectural features, such as spires,
towers, cupolas, belfries, monuments, parapets (not required by
Uniform Building Code), and domes 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 reviewing 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.
(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."
Section 2. The City Clerk shall certify to the adoption of this ordinance and shall
cause the same to be published in accordance with applicable law.
Ordinance Number 1594
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the day of , 2010.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 22nd day of March , 2010 and was passed, approved and adopted
by the City Council at a regular meeting held on the day of ,2010
by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1594 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
ATTACHMENT 2
DRAFT PLANNING COMMISSION RESOLUTION 10 -12
RESOLUTION NUMBER 10 -12
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING TEXT AMENDMENT
10 -1, AMENDING AND REVISING SECTION
28- 2317.D, HEIGHT VARIATION FOR NON -
HABITABLE ARCHITECTURAL FEATURES, TO
ELIMINATE PROVISIONS REGARDING
COVERED ACCESS TO ROOF DECKS
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1 . During the process of considering applications for Height
Variations, and after determining to deny four separate requests in September 2009, the
City Council took an action at the September 28, 2009 City Council meeting to "direct
staff to refer this matter to the Planning Commission to provide a recommendation to
eliminate all covered accesses to open roof decks."
Section 2 . The proposed Zone Text Amendment would amend Chapter
28, Zoning, Article 23, General Provisions, Conditions and Exceptions, Yards, Height,
Area, Open Space and Bulk, to delete current provisions of Section 28- 2317.D, Height
Variation for Non - Habitable Architectural Features, regarding covered access to roof
decks. This would no longer permit "Height Variations" for covered access to roof decks.
Section 3 . Staff has determined the application for Zoning Text
Amendment 10 -1 is categorically exempt from review pursuant -to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs.. § 15305 (Minor
Alterations in Land Use Limitations) because it consists of minor alterations in land use
limitations in average slope of less than 20% and does not result in any changes in land
use or density; and, pursuant to § 15061(b)(3), because it can be stated that there is no
possibility of a significant effect on the environment.
Section 4 . A duly noticed public hearing was held by the Planning
Commission on February 17, 2010 to consider Zone Text Amendment 10 -1.
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.
1 of 3
Planning Commission Resolution No. 10 -12
Zone Text Amendment 10 -1
Amend and Revise Section 28- 2317.D, Height Variation For Non - Habitable Architectural Features
to Eliminate Provisions Regarding Covered Access To Roof Decks
February 17, 2010
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 that
would no longer permit "Height Variations" for covered access to roof decks. The
amendments will not change current provisions regarding height variations for other
identified architectural features.
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 Section 1 through Section 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 10 -1 is consistent with the
provisions of the various elements of the City's General Plan. Accordingly, the
proposed new regulatory provisions that would no longer permit "Height Variations" for
covered access to roof decks, but which will not change current provisions regarding
height variations for other identified architectural features is consistent with 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 which eliminates the ability to construct
structures to provide covered access to roof decks.
Section 7 . Based upon the foregoing, the Planning Commission
hereby recommends approval of Zoning Text Amendment 10 -1 to amend Section 28-
2317.D, Height Variation for Non - Habitable Architectural Features to the City Council
as set forth below:
" 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 Uniform
Building Code), and domes 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.
2of3
Planning Commission Resolution No. 10 -12
-- -- Zone Text Amendment 10 -1
Amend and Revise Section 28 -2317. D, Height Variation For Non - Habitable Architectural Features
to Eliminate Provisions Regarding Covered Access To Roof Decks
February 17, 2010
(c) Review:
(1) The Planning Commission may at a scheduled public
hearing approve or disapprove such application, subject
to any conditions deemed appropriate. In reviewing 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.
(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."
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 17th day of February 2010 by the following vote:
AYES: Commissioners Deaton, Bello, Galbreath, Larson, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
Ellery Deaton
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
3 of 3
ATTACHMENT 3
DRAFT PLANNING COMMISSION NIINUTES
FEBRUARY 17, 2010
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City of Seal Beach Planning Commission
Meeting Minutes of February 17, 2010
UNADOPTED DRAFT MINUTES
receive comments from the public and provide any
Commission comments regarding the adequacy
Mitigated Negative Declaration 09 -2 in complying ' the
requirements of the California Environmenta uality Act
(CEQA).
❑ Request for approval of General PI Amendment 09 -1
and Zone Change 09 -1 for a jacent parking lot of
3,754 square feet that is rrently in the Residential
Medium Density Zone is proposed to be placed into
the General Com cial General Plan land use and
General Co ercial Zoning designations to
accommod the requested expansion of the service
station ilities;
❑ Va ' ce 09 -2 to allow for the expansion of the existing
gal, non - conforming service station site, that will still
be non - conforming to minimum lot size and minimum
street frontage requirements of the Zoning Code: and
❑ Conditional Use Permit 08 -9 to permit the
establishment of a new, 24 -hour convenience store with
no alcohol sales.
-O' Recommendation: Continue to a future date.
8. Zone Text Amendment 10 -1
Citywide
Applicant/Owner: City of Seal Beach
Request: Revision of Section 28- 2317.D, Height Variation for Non -
Habitable Architectural Features, to eliminate provisions
regarding Covered Access to Roof Decks.
Recommendation: Adoption of Resolution 10 -12 and forward to City Council.
Staff Report
Mr. Persico provided background information on this item and explained that this item
was brought before the Planning Commission at the direction of City Council to amend
the Municipal Code to prohibit Covered Roof Access Structures (CRAS). A brief slide
presentation of examples of homes with roof access structures was provided. Mr.
Persico indicated that this Code Amendment would still permit architectural projections
above the 25 -ft. height limit, subject to the Height Variation process. Staff proposes
recommending approval of Zone Text Amendment (ZTA) 10 -1 to City Council.
Commissioner Questions
6 of10
City of Seal Beach Planning Commission
Meeting Minutes of February 17, 2010
UNADOPTED DRAFT MINUTES
1 None.
2
3 Public Hearing
4
5 Chairperson Deaton opened the public hearing.
6
7 The following individuals cited the November 2009 election in which the people voted
8 for a 25 -ft height limit and spoke in support of ZTA 10 -1:
9
10 Dave Bruben Charmain Snow
11 Barbara Barton Mike Buhbe
12
13 Mario Rossi asked why the City wishes to eliminate CRAS, and said this appears to be
14 inequitable for future property owners.
15.
16 Nancy Kredell asked if this would also apply to elevators. Mr. Flower stated that
17 elevators requiring a CRAS would be prohibited if they exceed the 25 -ft. height limit.
18
19 Mark Wotesco encouraged that the Planning Commission and Staff eliminate all of the
20 "loopholes" before taking a final vote on this matter.
21
22 Chairperson Deaton closed the public hearing.
23
24 Commissioner Comments
25
26 Chairperson Deaton asked if the Planning Commission has the ability to recommend
27 that all decorative features exceeding the 25 ft. height limit be prohibited. Mr. Flower
28 noted that chimneys are required to have a certain amount of clearance from the roof
29 and would have to exceed the height limit.
30
31 Commissioner Larson stated that it would be easy to prohibit anything above the 25 -ft.
32 height limit, but he questioned how this could be done with chimneys and air
33 conditioning units.
34 '
35 Mr. Olivera pointed out that architectural features or mechanical equipment exceeding
36 the 25 -ft. height limit would still be subject to the Height Variation process.
37
38 Chairperson Deaton noted that granting a Height Variation can be completely arbitrary,
39 and when Measure Z passed, the public understood that the maximum height for homes
40 would be 25 feet.
41
42 Commissioner Bello said she favors eliminating CRAS, but would also favor eliminating
43 any other non - habitable architectural features that may exceed the height limit.
44
45 Chairperson Deaton moved that the Planning Commission recommend to City Council
46 to do away with architectural features exceeding the height limit and eliminate the
7of10
City of Seal Beach Planning Commission
Meeting Minutes of February 17, 2010
UNADOPTED DRAFT MINUTES
1 Height Variation process. Mr. Flower noted that Resolution 10 -12 as prepared by Staff
2 only addresses the proposed elimination of CRAS.
3
4 Commissioner Massa -Lavitt stated that she opposes CRAS, but favors architectural
5 features, as they add uniqueness to a structure and provide variety.
Mr. Persico stated that Staff could prepare development standards with specific height
limits for architectural features, limiting the height by feet or percentages of the building
square footage.
Chairperson Deaton agreed that the CRAS be eliminated, and reiterated that she would
like to do away with Height Variations, and Staff could also explore the options for
limiting non - habitable architectural features.
MOTION by Deaton; SECOND by Bello to approve Zone Text Amendment 10 -1, subject
to conditions, and adopt Resolution 10 -12, as presented.
18 MOTION CARRIED: 4-0-1
19 AYES: Deaton, Bello, Larson, and Massa -Lavitt
20 NOES: Galbreath
21 ABSENT: None
22
23 Commissioner Galbreath stated that he had assumed the vote included architectural
24 features and requested to vote again.
25
26 MOTION by Massa - Lavitt; SECOND by Bello for reconsideration.
27
28 MOTION CARRIED: 5 — 0
29 AYES: Deaton, Bello, Galbreath, Larson, and Massa -Lavitt
30 NOES: None
31 ABSENT: None
32
33 MOTION by Deaton; SECOND by Bello to approve Zone Text Amendment 10 -1, subject
34 to conditions, and adopt Resolution 10 -12, as presented. '
35
36 MOTION CARRIED: 5 — 0
37 AYES: Deaton, Bello, Galbreath, Larson, and Massa -Lavitt
38 NOES: None
39 ABSENT: None
40
41 Mr. Flower advised that the adoption of Resolution No. 10 -12 begins a 10 -day calendar
42 appeal period to the City Council. The Commission action tonight is final and the
43 appeal period begins tomorrow morning.
44
45 Commissioner Larson stated that he would prefer to limit the options and the
46 arbitrariness that occurs under the Height Variation process.
8of10
City of Seal Beach Planning Commission
Meeting Minutes of February 17, 2010
UNADOPTED DRAFT MINUTES
Commissioner Galbreath stated that from what he has heard the public does not want
anything to exceed the 25 -ft. height limit.
MOTION by Massa - Lavitt; SECOND by Bello to direct Staff to prepare development
standards to allow non - habitable architectural features in new construction subject to
the Height Variation process.
MOTION CARRIED: 1 — 4
AYES: Massa -Lavitt
NOES: Deaton, Bello, Galbreath, and Larson
ABSENT: None
MOTION by Deaton; SECOND by Bello to direct Staff to return with a report eliminating
Height Variations.
MOTION CARRIED: 5 — 0
AYES: Deaton, Bello, Galbreath, Larson, and Massa -Lavitt
NOES: None
ABSENT: None
DIRECTOR'S REPORT
1. DWP Update
2. Title 11 - Zoning Code Update
3. Review of March meeting. Date to be determined:
4. Joint Planning Commission and City Council Title 11 meeting on ril 12
5. Commission training sessions scheduled for April 21S an ay 5tH
6. Status of Mobil Service Station at Lampson and B wood.
Chairperson Deaton proposed that the March Planning Commission meeting be
rescheduled for Thursday, March 18, 201 , at 7:30 p.m. The Commission was in
agreement.
COMMISSION CONCERNS
None.
Chairpers eaton adjourned the meeting at 8:57 p.m. to the adjourned meeting of
March 0. 2010.
9of10
ATTACHMENT 4
PETITION FROM SURFSIDE COLONY REQUESTING
HEIGHT VARIATIONS
ylez
P O. BOX 235 • SURFSIDE, CALIFORNIA 90743
OFFICE (562) 592-2352 • FAX (562) 592-2687
www.surfsidecolony.org • surfsidecolony@verizon net
Mark Persico
Director of Development Services
City of Seal Beach
Dear- Ml-. Persico;
By unanimous decision the Board of Directors of Surfside Colony
Ltd. at their monflily 9' voted to
request from the City of Seal Beach an exemption from' the current
planned City zoning changes that would eliminate Covered Stair Roof
Access (CSRA) or "doghouses" from future development. It is the
desire of not only the Board but also a great deal of the residents of
5urfside to maintain the current zoning code that al'ows doghouses in
Surfside. Attached please find c! petition signed by 169 residents of
Surfside that was obtained over the lost three days.
We look forward to the public hearing on March 22" and several
representatives from Surf side Colony are planning on attending.
Sincerely,
KC Coultrup
Vice-President, Surfside Colony Board of Directors
I l March 2010
Tel. City ol'Seal Beach Planning Commission and City Council
From: Surfside Citizens and Surfside Colony Ltd (Board of Directors)
subject: Covered Stairs Roof Access (CSRA)
We, the undersigned, do hereby request the folloNking:
Allow Surfside to continue the architecture and building of Covered Stairs Roof Access
(C -SRA). - Exempt Surfside from the proposed ban of Covered Stairs Roof Access
(CSRA). The colony bass limited lot sires and the homeowners who will still build are in
nmd of C.oveyed Stairs Roof Access (CSRA) as part of their homes. The Surfside unique
codes have a precedence of being excrnpled front many of the Seal Beach noting,
therefore, we request CSRAs be carved out of the code revisions as tire! I.
4 Yl
4-41
6 st' 1 %
ti
_ A
11 March 20
To: City of Seal Beach Planning Commission and City Council
From: iurRide Citizens and Surfside Colony Ltd (Board of Directors)
-subject: Covered Stairs Roof Access (CSRA) Petition Continued
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I
[I March -1010
'ro: City of'Seal Beach Planning Commission and City Council
From. Surfside Citizens and Surfside Colony Ltd (Board ot'Directors)
Subject Covered Stairs Roof Access (CSRA) Petition Continued
4C LI
a-
Darlene Cahoon
Board Member
Surfside Colony, Ltd.
Dave ENuos
President
Surfside Colony, Ltd.
5