HomeMy WebLinkAboutCC AG PKT 2010-04-26 #HAGENDA STAFF REPORT
DATE: April 26, 2010
TO: Honorable Mayor and City Council
THRU David Carmany, City Manager
FROM: Mark Persico, Director of Development Services
SUBJECT: ADOPTION OF ORDINANCE NO. 1594 (ZONE TEXT
AMENDMENT ZTA 10 -1)
SUMMARY OF REQUEST:
Waive further reading and adopt Ordinance No. 1594, an ordinance amending
Section 28- 2317.D, of the Seal Beach Municipal Code to eliminate height
variations for non - habitable covered roof access structures except in Zoning
District III; and adding new Section 28 -508 to maintain certain height variations
for non - habitable covered roof access structures in Zoning District III (Surfside
Colony) (Zone Text Amendment 10 -1).
BACKGROUND:
The City Council considered this matter on April 12, 2010 and introduced the
subject ordinance. It is now appropriate to adopt the subject ordinance.
FISCAL IMPACT:
There is no financial impact created by this Code Amendment.
RECOMMENDATION:
Waive further reading and adopt.
SUBMITTED BY:
�arkPersico, AICP
Director of Development Services
NOTED AND APPROVED:
6D-� =
David Carmany
City Manager
Attachments:
A. Ordinance No. 1594
Agenda Item H
ORDINANCE NUMBER 1594
AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA
AMENDING SECTION 28- 2317.D OF THE SEAL BEACH
MUNICIPAL CODE ELIMINATING HEIGHT VARIATIONS FOR
NON - HABITABLE COVERED ROOF ACCESS STRUCTURES
EXCEPT IN ZONING DISTRICT 111; AND ADDING SECTION 28-
508 TO MAINTAIN CERTAIN HEIGHT VARIATIONS FOR NON -
HABITABLE COVERED ROOF ACCESS STRUCTURES IN
ZONING DISTRICT III (SURFSIDE COLONY)
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.
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.
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:
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.
work."
(d) Detailed and complete plans for the proposed
Section 2. The City Council hereby adds Seal Beach Municipal Code Section
28 -508, Height Variation for Non - Habitable Architectural Features,
to read as follows:
Ordinance Number 1594
Section 28 -508. H eight Variation for Non - Habitable Architectural Features
"A. Scope: Non - habitable covered access to open roof decks may
exceed the height limit established for Zoning District III to a maximum of 7 feet if
granted pursuant to the procedures contained in this section.
B. Procedure:
1. 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.
2. 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.
3. Review:
a. 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:
i. Whether such variation is appropriate for the
building.
(a) 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.
(b) Whether a covered stairwell to an
open roof deck is located along peripheral exterior walls of the structure.
(c) Whether a covered stairwell to an open
roof deck is limited to the minimum area, both horizontally and
vertically, necessary to cover the stairwell.
ii. Whether such variation is appropriate for the
character and integrity of the neighborhood.
iii. Whether such variation significantly impairs the
primary view from any property located within 300 feet.
iv. Detailed and complete plans for the proposed
work."
Section 3. The City Clerk shall certify to the adoption of this ordinance and shall
cause the same to be published in accordance with applicable law.
(Intentionally Left Blank)
Ordinance Number 1594
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 26th day of April , 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 12th day of April , 2010 and was passed, approved and adopted by
the City Council at a regular meeting held on the 26th day of April ,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