HomeMy WebLinkAboutCC AG PKT 2006-06-26 #C r ,
AGENDA REPORT
REQUESTED BY COUNCILMAN ANTOS
DATE: June 26, 2006
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: Appropriate Development Standards — View Preservation
Regulations } , - ;)
SUMMARY OF REQUEST:.
Council discussion and provide direction to Planning Commission and Staff regarding the
"Recommended Priority Activities for Planning Commission and Department of
Development Services ".
BACKGROUND:
Overview of Concern:
The City has received requests from the property owners of 516 and 520 Ocean Avenue
regarding the issue of view protection related to landscaping installed on adjoining properties,
and Staff has previously provided both the City Council and Planning Commission with
copies of a Staff - prepared response letter regarding this issue.
The issue of view protection, from either structural or landscape impingements on existing
views, is an issue of controversy and is one that will have many thoughts, positions, and
possible actions for the Planning Commission and ultimately the City Council to consider.
Staff is aware of several cities in Southern California that have adopted regulations regarding
this issue. The development of fair and effective regulations, and the consistent enforcement
of such regulations, is a difficult, potentially costly, and extremely staff - intensive process. In
discussions with the City Attorney it is estimated that legal review costs alone would range
between $10,000 and $25,000. The cost of establishing a view preservation ordinance could
be more, depending on whether the city wants to establish a view committee and how
aggressive the opponents are in contesting the ordinance or resisting compliance. In addition,
foliage (which keeps growing) is an endless source of issues especially between neighbors
who do not get along with each other. Some cities utilize a mediator as part of the pre -
Agenda Item C
Z. \My Documents \City Council \View Preservation Regulations.CC Staff Report.doc \LW\06 -14 -06
Consideration of Regulations re: View Preservation
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City Council Staff Report
June 26, 2006
application process to address neighbor concerns on the view - blockage issues related to
foliage. Staff costs are more difficult to estimate.
Staff is requesting the City Council to prioritize the various activities /studies that the
Department of Development Services is currently involved with, or that it has been requested
to study to allow the public, the City Council, the Planning Commission, and departmental
staff to have a clear understanding as to the importance of the various activities now pending
before the Department.
If the City Council takes action to adopt the Interim ordinance also on this meeting agenda, the
issue of third story developments in the "Old Town" areas on lots 37.5 feet wide or wider
would be an additional item to add to the following "Recorn vended Priority Activities ".
Recommended Priority .Activities for Planning Commission and Department of
Development Services:
Staff recommends the following Priority list of Planning Commission/Department of
Development Services Activities:
1. Complete Local Coastal Plan/Irriplementing - Ordinances through Adoption by
California Coastal Commission and City Planning Commission and City Council.
2. Complete Update of Zoning Ordinance through adoption by Planning
Commission and City Council — Update is envisioned to be primarily an effort to
update the format to become more user friendly, and to incorporate the provisions
of the Local Coastal Plan/Implementing Ordinances as is necessary. Staff is
suggesting focusing on the "administrative" portions of the Zoning Ordinance
initially, and then updating the substantive portions regarding development
regulations for the various zoning classifications of the City and incorporating the
provisions of the Local Coastal Plan/Implementing Ordinances as appropriate. As
part of this process the following areas of concern would be addressed in the
following order during the review of the substantive portions of the development
regulations:
❑ Third Story Developments in Old Town (RMD and RHD, District I
Zones) — This matter is dependent on City Council action on separate
Agenda item on this meeting agenda;
❑ Mansionization Regulations;
❑ Historic Preservation Programs /Regulations; and
❑ View Preservation Regulations.
If the City Council desires to have Staff review all of the above issues concurrently, it is
recommended that a "Request for Proposal" be prepared for review by the City Council
to allow the City to retain consultant services to assist in these tasks, as Staff does not
have the capacity to address these issues and also deal with the major projects that are
processed by the Department. The City currently retains Culbertson Adams & Associates
to assist with the Local Coastal Plan approval and implementation process.
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View Preservation Regulations.CC Staff Report
Consideration of Regulations re: View Preservation
City Council Staff Report
June 26, 2006
FISCAL IMPACT:
None. The re- allocation of existing staff projects will be required to prepare the
necessary studies and prepare the necessary public hearing documents for Planning
Commission and City Council considerations. Utilizing consultant services would
require a budget allocation once the costs of such services are known.
RECOMMENDATION:
Council discussion and provide direction to Planning Commission and Staff regarding the
"Recommended Priority Activities for Planning Commission and Department of
Development Services ".
NO ' APPROV'
Whittenberg Jo . Bahorski Y .
irector of Development Servi,t - s Manager
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View Preservation Regulations CC Staff Report