HomeMy WebLinkAboutCC AG PKT 2010-04-26 #OAGENDA STAFF REPORT
DATE: April 26, 2010
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Mark Persico, AICP, Director of Development Services
SUBJECT: AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING THE MUNICIPAL CODE BY REPEALING
SECTION 28- 2317.1) OF THE SEAL BEACH
MUNICIPAL CODE ELIMINATING HEIGHT
VARIATIONS FOR NON - HABITABLE
ARCHITECTURAL FEATURES EXCEPT IN ZONING
DISTRICT III; AND ADDING SECTION 28 -508 TO
MAINTAIN CERTAIN HEIGHT VARIATIONS FOR NON -
HABITABLE ARCHITECTURAL FEATURES IN
ZONING DISTRICT III (SURFSIDE COLONY)(ZONE
TEXT AMENDMENT ZTA 10 -2)
SUMMARY OF REQUEST:
Introduce Ordinance No. 1595, an ordinance repealing Section 28- 2317.D of the
Seal Beach Municipal Code eliminating height variations for Non - Habitable
Architectural Features except in Zoning District III; and adding Section 28 -508 to
maintain certain height variations for Non - Habitable Architectural Features in
Zoning District III (Surfside Colony).
BACKGROUND:
This item is an outgrowth of the City Council action in September 2009 when the
Council directed Planning staff to review the matter of covered roof access
structures and return with a recommendation. On February 17, 2010, the
Planning Commission conducted a public hearing and unanimously
recommended elimination of certain provisions of the Zoning Code related to
covered roof access structures.
At the February Planning Commission public hearing residents spoke of the need
to go further and eliminate all height variations, not just height variations for
covered roof access structures. The Planning Commission held a second public
Agenda Item 0
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hearing on March 18, 2010 and unanimously recommended that all height
variations be eliminated except in Zoning District III (Surfside Colony). The
Planning Commission adopted Resolution No. 10 -15 on April 7 recommending
Zone Text Amendment to the City Council (Attachment 1).
FACTS AND ANALYSIS:
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. This amendment to the Zoning Code will eliminate height variations
Citywide except in Surfside Colony.
ENVIRONMENTAL REVIEW:
Staff has determined that Zoning Text Amendment 10 -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; 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 -508:
The new language shall read as follows:
" 28 -508. Heiqht 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 Zoning District III by 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.
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(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.
(d) Detailed and complete plans for the
proposed work."
FINANCIAL IMPACT:
There is no financial impact created by this Code Amendment.
RECOMMENDATION:
Introduce Ordinance No. 1595, AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING THE MUNICIPAL CODE BY REPEALING SECTION 28-
2317.D OF THE SEAL BEACH MUNICIPAL CODE ELIMINATING HEIGHT
VARIATIONS FOR NON - HABITABLE ARCHITECTURAL FEATURES EXCEPT
IN ZONING DISTRICT III; AND ADDING SECTION 28 -508 TO MAINTAIN
CERTAIN HEIGHT VARIATIONS FOR NON - HABITABLE ARCHITECTURAL
FEATURES IN ZONING DISTRICT III (SURFSIDE COLONY)(ZONE TEXT
AMENDMENT ZTA 10 -2). Instruct staff to schedule for second reading and
adoption at the next regular City Council meeting.
SUBMITTED BY:
Mark Persico, P
Director of Development Services
Attachments:
NOTED AND APPROVED:
David Carmany
City Manager
A. Ordinance No. 1595
B. Planning Commission Resolution 10 -15
C. Planning Commission Minutes April 7, 2010
Attachment "A"
Ordinance No. 1595
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
THE MUNICIPAL CODE BY REPEALING SECTION 28- 2317.D OF
THE SEAL BEACH MUNICIPAL CODE ELIMINATING HEIGHT
VARIATIONS FOR NON - HABITABLE ARCHITECTURAL
FEATURES EXCEPT IN ZONING DISTRICT III; AND ADDING
SECTION 28 -508 TO MAINTAIN CERTAIN HEIGHT VARIATIONS
FOR NON - HABITABLE ARCHITECTURAL FEATURES IN
ZONING DISTRICT III (SURFSIDE COLONY)(ZONE TEXT
AMENDMENT ZTA 10 -2).
ORDINANCE NUMBER 1595
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE
MUNICIPAL CODE BY REPEALING SECTION 28- 2317.13 OF THE
SEAL BEACH MUNICIPAL CODE ELIMINATING HEIGHT
VARIATIONS FOR NON - HABITABLE ARCHITECTURAL
FEATURES EXCEPT IN ZONING DISTRICT III; AND ADDING
SECTION 28 -508 TO MAINTAIN CERTAIN HEIGHT VARIATIONS
FOR NON - HABITABLE ARCHITECTURAL FEATURES IN ZONING
DISTRICT III (SURFSIDE COLONY) - ZONE TEXT AMENDMENT
10 -2)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1 . The City Council hereby amends the Seal Beach Municipal Code
by repealing Section 28- 2317.13, Height Variation for Non - Habitable Architectural
Features
Section 2 . The City Council hereby amends the Seal Beach Municipal Code
by adding Section 28 -508 Height Variation for Non - Habitable Architectural
Features to read as follows:
11 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 Zoning District III by 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:
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 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."
Ordinance Number 1595
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.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the day of , 2010.
ATTEST:
Mayor
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 26th day of April , 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 1595 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
Attachment "B"
Planning Commission Resolution 10 -15
RESOLUTION NUMBER 10 -15
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONE TEXT AMENDMENT
10 -2 REPEALING SECTION 28- 2317.D,
HEIGHT VARIATION FOR NON - HABITABLE
ARCHITECTURAL FEATURES; AND ADDING
NEW SECTION 28 -508 ALLOWING -HEIGHT
VARIATIONS FOR NON - HABITABLE
ARCHITECTURAL FEATURES (ZONING
DISTRICT III, SURFSIDE COLONY)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1 . During the Planning Commission public hearing on Zone
Text Amendment 10 — 1 the Commission determined that is was necessary to consider
repeal of all height variations pursuant to Section 28- 2317.D. and directed staff to return
with a repeal of the entire Code Section.
Section 2 . The proposed Zone Text Amendment would repeal 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, and add new Chapter 28, Zoning,
Article 5 General Provisions, Conditions and Exceptions for District Ill (Surfside Colony),
Section 28 -508, Height Variations for Non - Habitable Architectural Features.
Section 3 . Staff has determined the application for Zone Text
Amendment 10 -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; 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 March 18, 2010 to consider Zone Text Amendment 10 -2.
Section 5 . The record of the hearing indicates the following:
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Planning Commission Resolution No. 10 -15
Zone Text Amendment 10 -2
Repeal Section 28- 2317.D, Height Variation For Non - Habitable Architectural Features
Allow Height Variations For Non - Habitable Architectural Features (Zoning District lll, Surfside Colony)
April 7, 2010
(a) At said public hearing there was oral and written
testimony and evidence received by the Planning Commission.
(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 that
would no longer permit "Height Variations for Non - Habitable Architectural Features,"
except in Zoning District III (Surfside Colony).
(c) The proposed amendments are summarized above in
Section 7 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) Zone Text Amendment 10 -2 is consistent with the
provisions of the various elements of the City's General Plan. Accordingly, the
proposed new regulatory provisions would no longer permit "Height Variations" except
in Zoning District III (Surfside Colony).
(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.
Section 7 . Based upon the foregoing, the Planning Commission hereby
recommends the following to the City Council:
(a) Repeal of Section 28- 2317.D, Height Variation for
Non - Habitable Architectural Features
(b) Addition of Section 28 -508 Height Variation for
Non - Habitable Architectural Features (Zoning District III)
"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:
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Planning Commission Resolution No. 10 -15
Zone Text Amendment 10 -2
Repeal Section 28- 2317.D, Height Variation For Non - Habitable Architectural Features
Allow Height Variations For Non - Habitable Architectural Features (Zoning District 111, Surfside Colony)
April 7, 2010
(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.
(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.
(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."
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Planning Commission Resolution No. 10 -15
Zone Text Amendment 10 -2
Repeal Section 28 -2317. D, Height Variation For Non - Habitable Architectural Features
Allow Height Variations For Non - Habitable Architectural Features (Zoning District 111, Surfside Colony)
April 7, 2010
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 7th day of April 2010 by the following vote:
AYES: Commissioners Massa- Lavitt, Bello, Galbreath, and Larson
NOES: Commissioners None
ABSENT: Commissioners Deaton
ABSTAIN: Commissioners None
Sandra Massa- Lavitt
Vice - Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
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Attachment "C"
Planning Commission Minutes April 7, 2010
City of Seal Beach Planning Commission
Meeting Minutes of April 7, 2010
1 SCHEDULED MATTERS
2
3 3. Adoption of Planning Commission Resolution 10 -15 for Zone Text Amendment
4 10 -2 for Repeal of Section 28- 2317.D, Height Variation for Non - habitable
5 Architectural Features and Adding Section 28 -508, Height Variations for Non -
6 habitable Architectural Features (Zoning District III, Surfside Colony)
7
8 Staff Report
9
10 Mr. Persico indicated that Resolution 10 -15 has been revised as directed by the
11 Planning Commission at its meeting of March 18, 2010, and is presented tonight for
12 approval.
13
14 MOTION by Galbreath; SECOND by Bello to approve Resolution 10 -15 for Zone Text
15 Amendment 10 -2 for Repeal of Section 28- 2317.D, Height Variation for Non - habitable
16 Architectural Features and Adding Section 28 -508, Height Variations for Non - habitable
17 Architectural Features (Zoning District III, Surfside Colony) as presented and forward to
18 City Council for final action.
19
20 MOTION CARRIED: 4-0-1
21 AYES: Massa - Lavitt, Bello, Galbreath, and Larson
22 NOES: None
23 ABSENT: Deaton
24
25 Mr. Flower advised that the adoption of Resolution No. 10 -15 begins a 10 -day calendar
26 appeal period to the City Council. The Commission action tonight is final and the
27 appeal period begins tomorrow morning.
28
29 PUBLIC HEARINGS
30
31 4. Conditional Use Permit 08 -7 (Indefinite Extension)
32 13956 Seal Beach Blvd. (Primrose Cafe)
33
34 Applicant/Owner: Frank Tahvildari / Burnham U
35
36 Request: Indefinite extension existing Conditional Use Permit
37 allowing the upgr a of the existing Type 41 ABC license
38 (On -sale Bee nd Wine) to a Type 47 ABC license (On -sale
39 General) ' in the Service Commercial (C -1) Zone.
40
41 Recommendation: A roval, subject to conditions, and adoption of Resolution
42 0 -16.
43
44 Staff Report
45
46 Mr. Olive delivered the staff report. He provided information on this item and noted
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