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HomeMy WebLinkAboutCC AG PKT 2003-04-14 #II AGENDA REPORT r� I t B ® DATE Apnl 14, 2003 ! L1 TO Honorable Mayor and City Council 1' THRU John B Bahorski, City Manager FROM Mac Cummins, Associate Planner /Special Projects Manager SUBJECT Zone Text Amendment 02 -2 (Garage Size Limitation) SUMMARY OF REQUEST After receiving all public testimony and considering the recommendation of the Planning Commission, the City Council has the followmg options 1) Introduce the Zone Text Amendment as recommended by the Planning Commission (the appropriate Ordinance has been prepared and is attached as Attachment A) 2) Introduce the Zone Text Amendment with modifications based on testimony received and concerns of the City Council 3) Refer the recommendation back to the Planning Commission for reconsideration if new, material information is presented which was not considered by the Planning Commission, or if additional provisions are proposed to be added to the Ordinance which were not considered by the Commission 4) Take no action BACKGROUND In response to several citizen complaints regarding ongoing construction at 1545 Crestview Avenue, the City Council directed staff to prepare a Zone Text Amendment which would place a limit on the maximum size of a garage The item this evening is an outgrowth of that request On September 18, 2002, the Planning Commission considered the issue and deliberated as to whether or not to direct staff to prepare a Zone Text Amendment, but the motion fell for lack of a second At Councilman Antos's request, the item was placed on a Planning Commission Agenda as a proposed Zone Text Amendment This item passed on a 4 -0 (Sharp absent) vote on December 18, 2002, to recommend to the City Council to approve the Zone Text Amendment DISCUSSION Agenda Item The proposed text amendment would limit the maximum size of a garage to 3 cars maximum Any proposed garage larger than this would require planning commission review This review is currently proposed to be through a public heanng Conditional Use Permit process Concerns have been raised in the past that garages in the City have been illegally converted to residential units Additionally, concerns were expressed regarding grading and the importation of soil to create a higher natural grade with subsurface parking (As was the case with 1545 Crestview) This ZTA would essentially put a maximum cap on the size of a garage within the City to three cars The other issues have been addressed through the recently approved Council grading ordinance FISCAL IMPACT None Staff time is prepanng reports to the Planning Commission and City Council RECOMMENDATION The Planning Commission considered this item on December 4, 2002 and adopted a resolution reco • - ding approval of this Zone Text Amendment on a 4 -0 vote (Sharp absent) /. 6 Mac Cummins Associate Planner /Special Projects Manager NO ' ► AN (// Jo B : ahorski, City Manager / f ATTACHMENT 1 Proposed Ordinance No , An Ordinance of / the City Council of the City of Seal Beach Amending Chapter 28 (Zoning Ordinance) of the Seal Beach Municipal Code Amending Sections 28- 402, 28 -701 and 28 -802, Restricting the Maximum size of a garage in the City of Seal Beach ATTACHMENT 2 A Resolution of the Planning Commission of the City of Seal Beach recommending to the City Agenda Item Council approval of Zoning Text Amendment 02 -2, amending the code to restnct the maximum size of a garage within the city ATTACHMENT 3 Planning Commission Minutes of September 18, 2002 & December 4, 2002 ATTACHMENT 4 Planning Commission Staff Report of December 4, 2002 Agenda Item ATTACHMENT 1 PROPOSED ORDINANCE NO , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE SEAL BEACH MUNICIPAL CODE AMENDING SECTIONS 28 -402, 28- 701, AND 28 -802, RESTRICTING THE MAXIMUM SIZE OF A GARAGE IN THE CITY OF SEAL BEACH Agenda Item ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE SEAL BEACH MUNICIPAL CODE AMENDING SECTIONS 28 -402, 28- 701, AND 28 -802, RESTRICTING THE MAXIMUM SIZE OF A GARAGE IN THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS Section 1 Section 28 -402 of Article 4 of Chapter 28 of the Code of the City of Seal Beach is hereby amended to read as follows "Subsection (2) of Section 28 -402 of Chapter 28 of The Code of the City of Seal Beach is hereby amended to read "(2) Number of spaces per unit Distncts I, II, & V 2 (a) Except as otherwise provided in this paragraph, the maximum size of a garage shall be 30 ft x 20 ft , and the maximum number of parking spaces within a garage shall be three parking spaces Notwithstanding the foregoing, garages larger than 30 ft x 20 ft and garages with more than three parking spaces may be permitted, subject to approval of a Conditional Use Permit " Section 2 Section 28 -701 (e) of Article 7 of Chapter 28 of the Code of the City of Seal Beach is hereby amended to read as follows "Subparagraph (e) of subsection (2) of Section 28 -701 of Chapter 28 of The Code of the City of Seal Beach is hereby amended to read "(e) Parking Requirements Parking Dimensions per Space (Interior Dimensions) Distnct I 9 x 20 ft District II 10 x 20 ft Number of spaces per dwelling unit Distncts I & II 2 1 Except as otherwise provided in this paragraph, the maximum size of a garage shall be 30 ft x 20 ft , and the maximum number of parking spaces within a garage shall be 3 parking spaces Notwithstanding the foregoing, garages larger than 30 ft x 20 ft and garages with more Agenda Item than three parking spaces may be permitted, subject to approval of a Conditional Use Permit Form — Districts I & I1 Open & Accessible Type — Districts I & II Garage or carport" Section 3 Section 28 -802 of Article 8 of Chapter 28 of the Code of the City of Seal Beach is hereby amended to read as follows "Subsection (2) of Section 28 -802 of Chapter 28 of The Code of the City of Seal Beach is hereby amended to read "(2) Minimum number per dwelling unit Districts I & II 2 Minimum, plus 1 guest space for each 7 dwelling units District VI 1 Y2 (No guest parking required for less than 7 dwelling units) 1 Except as otherwise provided in this paragraph, the maximum size of a garage shall be 30 ft x 20 ft , and the maximum number of parking spaces within a garage shall be 3 parking spaces Notwithstanding the foregoing, garages larger than 30 ft x 20 ft and garages with more than three parking spaces may be permitted, subject to approval of a Conditional Use Permit " Section 4 Severability If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional Section 5 In no case shall any provision of this ordinance supercede, limit, restrict or affect the requirements of the uniform building code PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003 Mayor City of Seal Beach Agenda Item ATTEST City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Joanne M Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing Ordinance is an ongmal copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 2002, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2002 by the following vote AYES Councilmembers NOES Councilmembers ABSENT Councilmembers ABSTAIN Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836 City Clerk Agenda Item ATTACHMENT 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 02 -2, AMENDING THE PROVISIONS MAXIMUM GARAGE SIZE WITHIN THE CITY Agenda Item ORIGINAL RESOLUTION NUMBER 02 -46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 02 2 AMENDING SECTIONS 28 -402 28 -701, AND 28 802 OF THE CODE OF THE CITY OF SEAL BEACH TO REQUIRE A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OR EXPANSION OF GARAGES WHICH PROVIDE PARKING FOR MORE THAN 3 VEHICLES THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 At its meeting of December 4 2002 the Planning Commission considered Zoning Text Amendment 02 2 This amendment would require a Conditional Use Permit for expansion or construction of a garage to hold more than three cars in conjunction with a residential development Section 2 Pursuant to 14 Calif Code of Regs § 1D305 and § II B of the City s Local CEQA Guidelines staff has determined as follows The application for Zoning Text Amendment 02 2 is categoncally 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 seen with certainty that there is no possibility that the approviil may have a significant effect on the environment Section 3 A duly noticed public hearing was held by the Planning Commission on December 4 2002 to consider Zone Text Amendment 02 2 Section 4 The record of the hearing December 4 2002 indicates the following (a) At said public heanng there was oral and wntten 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 (c) The proposed text amendment will require that proposed garages which would provide parking for more than 3 vehicles would require a discretionary permit approved by the Planning Commission at regularly held meetings Section 5 Based upon the facts contained in the record including those stated Y m § 4 of this resolution and pursuant to § 28 2600 of the City s Code the Planning Commission makes the following findings (a) Zoning Text Amendment 02 2 is consistent with the provisions of the vanous elements of the City s General Plan Accordingly the proposed use is consistent with the General Plan The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General Plan C \Documents and Settings \LWhtttenber \My Documents \RESO\ZTA 02 PC Reso 3 Car Garages doc \LW\I Os 02 Planning Commission Resolution No 02 46 Zone Text Amendment 02 7 r e Conditional Use Permit for 4 Can Garages December 4 7002 (b) The proposed text amendment w ill rep ise the City s zoning ordinance and enhance the ability of the Cit1 to ensure orderly and planned de\ elopment in the City through an amendment of the Toning requirements Section 6 Based upon the foregoing the Planning Commission hereb recommends approval of Zoning Text Amendment 02 2 to the City Council in substantially the follow ing form 1 Subsection (2) of Section 28 402 of Chapter 28 of The Code of the City of Seal Beach is hereb\ amended to read (2) Number of spaces per unit Distncts I II & V 2 (a) Except as otherw ise pro N. ided in this paragraph the maximum size of a garage shall be 30 ft x 20 ft and the maximum number of parking spaces within a garage shall be three parking spaces Notwithstanding the foregoing garages larger than 30 ft x 20 ft and garages with more than three parking spaces may be permitted subject to Conditional Use Permit approval 2 Subparagraph (e) of subsection (2) of Section 28 701 of Chapter 28 of The Code of the Cit3 of Seal Beach is hereby amended to read (e) Parking Requirements Parking Dimensions per Space (Intenor Dimensions) Distnct I 9 x 20 ft Distnct II 10 x 20 ft Number of spaces per dm elling unit Distncts I & II 2 (1) Except as otherwise proN ided in this paragraph the maximum size of a garage shall be 30 ft x 20 ft and the maximum number of parking spaces w ithm a garage shall be 3 parking spaces Notwithstanding the foregoing garages larger than 30 ft x 20 ft and garages w ith more than three parking spaces may be permitted subject to Conditional Use Permit approval Form — Distncts I & II Open & Accessible Type — Districts I & II Garage or carport 3 Subsection (2) of Section 28 802 of Chapter 28 of The Code of the City of Seal Beach is hereb} amended to read (2) Minimum number per dwelling unit Distncts I & II 2 Minimum plus 1 guest space for each 7 dwelling units Distnct VI 1 '/2 (No guest parking required for less than 7 dwelling units) (a) Except as otherwise provided in this paragraph the maximum size of a garage shall be 30 ft x 20 ft and the maximum number of parking spaces w 'thin a garage shall be 3 parking spaces Notwithstanding the foregoing garages larger than 30 ft x 20 ft and garages with more than three parking spaces may be permitted subject to Conditional Use Permit approval ZTA 02 ' PC Reso 3 Car Garages 3 Planning Contnusston Resolution No 0 46 Zone Teat Amendment 02 re Conditional Lice Permit for 4 Cart Garages December 4 2 002 PASSED, APPROVED AND ADOPTED b} the Planning Commission of the City of Seal Beach at a meeting thereof held on the 4 dad of December 2002 by the following vote AYES Commissioners Deaton, Hood, Ladner, and Shanks NOES Commissioners ABSTAIN Commissioners ABSENT Commissioners Sharp / -- David Hood Ph D Cha an Planning Commission i i. Whittenberg Secretary •lammn2 Commission ZTA 02 2 PC Reso 3 Car Ga ages 4 ATTACHMENT 3 PLANNING COMMISSION STAFF REPORT OF DECEMBER 4, 2002 Agenda Item December 4 2002 STAFF REPORT To Honorable Chainnan and Planning Commission From Department of Development Services Subject ZONING TEXT AMENDMENT 02 -2 City Wide Change to Limit the Maximum Size of a Garage REQUEST To amend the Code of the City of Seal Beach to require a discretionary pen for any garage larger than 3 vehicles in the City Under the proposed changes, any applicant requesting a garage larger than 3 vehicles for a residential project, would require a Minor Plan Review BACKGROUND At the Planning Commission meeting of September 18, 2002, staff reported to the Planning Commission regarding potential ambiguity of code provisions relating to garage size At that time, the confusion was whether or not garages larger than 3 cars required a discretionary permit (CUP) Staff explained that the current code reads that an "accessory" structure garage larger than 3 vehicles requires a discretionary pen Staff further explained that an accessory structure has been interpreted to be a building which is separate and removed from the main house structure A typical example of this would be a detached garage in the rear of the property There are a few of these located in the old town area That same evening, staff gave the Commission 3 options with regard to the garage issue They were 1 Amend the definition of the Zoning Code to define a garage use as an accessory use within the zone itself 2 Add language to require a discretionary approval for any garage constructed to accommodate more than 3 vehicles 3 Leave the existing zoning code in place The Planning Commission at the meeting of September 18 2002 discussed the matter at length Key issues discussed included grading & importation of dirt as it related to underground garages, garages larger than 3 vehicles, nature of the discretionary review process & whether or not it was needed in these cases, garages as they relate to density, and clanfication of the word `accessory ' A motion was made to amend the Zoning Code, but failed for lack of a second At a recent City Council meeting Councilman Antos requested that staff schedule public hearings for a possible Zone Text Amendment to possibly restrict the size of a garage This Staff Report Zoning Telt 4menclmcnt 02 2 December 4 2002 discussion will be substantially sunilai to the discussion the Planning Commission had on the evening, of Septembei 18, 2002 Staff has provided the Commission with suggested changes if the Commission chooses to make them, in draft resolution form This resolution would be a recommendation to the City Council on the proposed changes The City Council is the decision making, authority in this regard DISCUSSION -- -- -- The City Code sets forth certain allowable and conditionally allowable uses within the residential areas of the City In all residential zones, the Code allows for "Accessory buildings or structures including pnvate garages to accommodate not more than three automobiles Please refer to Sections 28- 400(A)(2), 28- 700(A)(1), and 28- 800(A)(1) provided as Attachment 1 Definitions within the Zoning Oi dinance `Section 28 203 Accessory "Accessory" means a building, part of a building or structure 01 use which is subordinate to that of the main building, structure or use on the same lot If an accessory building is attached to the main building it shall be considered a part of the main building "Section 28 -236 Garage Pnvate "Pnvate Garage" means an accessory building or an accessory portion of the main building enclosed on three sides and designed or used for the shelter or storage of vehicles owned or operated only by the occupants of the main building " Curi ent Staff Interpretation of these Zoning Ordinance Sections Staff has been interpreting these sections of the Code to limit the size of a detached garage structure (one not physically connected to the main residence on the property) to no more than a three car garage If a garage structure is physically connected to the main iesidence, with a direct doorway connection between the garage and residential living areas staff has not imposed anv limit as to the number of garage spaces that may be provided to that residential unit Staff cannot think of many instances where more than a three -car garage has been constructed for a single residence In the great preponderance of situations, a two -car garage is pr ovided Staff is aware of a property on Ocean Avenue that has a four -car garage, and that is provided as two separate two -car garages with the main house entry being between the garage portions of the residence A residence on Crestview is currently under construction and the garage is large enough to accommodate 4 vehicles (48 x 22) Staff Discussion of the Garage Size Issue Staff can understand a concern relative to the size of a detached garage structure, as the aesthetic impact to adjoining neighbors and the potential conversion of portions of a large detached garage structure to an additional residential living unit are certainly issues of concern However when the garage portion of a single - family iesidence is duectly connected to the Page 2 Staff Repot t Zoning Telt 4nunclmcnt 02 2 December 4 2002 iesidential living space of that home by a doorway, staff has always interpreted the cunent language of the Code to not limit the gar age size If a family were desuous of having a larger garage space it would seem in the best interest of the City to allow that to occur By providing additional garage parking area, it would be assumed that additional family cars would be parked in the garage and not on the street, providing additional street paiking for visitois and other nearby residents Many families may have mote than three cars in their family particulaily those with high school and college age children still residing at home Staff is awaie that there are several issues relative to this decision The pnncipal issue for the Coininission to determine is Does the Commission wish to change the code to either 1) put a limit on the maximum number of garage spaces a residence can have 2) put a procedure in place to require a discretionary pen in order to construct a garage larger than 3 spaces in association with residential construction The Commission could also recommend no change to the current code Potential Changes If the Commission recommends changes to the code, staff would recommend the following piocedure be put into place A consent calendar Minor Plan Review process could be implemented which would require notification of pioperty owners and occupants within 100 feet of the subject property This piocess would allow affected persons to approach staff or the Commission with concerns related to having a garage larger than 3 vehicles Staff has provided the Commission with a draft section of the code language with the amendments, should the Commission choose this option RECOMMENDATION Pleasure of the Commission If the Commission determines to recommend an amendment to the Zoning Ordinance, the Commission should adopt Resolution 02 -46 with any amendments determined appiopnate by the Commission FOR December 4, 2002 Mac Cummins Sssociate Planner /Special Projects Manager Department of Development Services Attachments (2) 1 Existing Code Sections 2 Pioposed Resolution 02 46 Page 3 Attachment 1 Zoning S 28 -d00 S 28 -400 Article A Res- aential Low Density Zone (RLD Zone) Section 28 -d00 A Permitted Uses (1) One awell_ng unit or each lot of record, (2) ?ccessory builaings or strictures lncluaing private garages to accommoaate not more than three automobiles, (3) Flower and vegetable gardening, (4) Animals and fowl as provided in Chapter 3 of this code, (5) Home occupations, (6) Twenty -four hour foster care homes, (7) Small family day care homes, caring for up to six children, (8) Mobile homes in a mobile home park established by the issuance of an unclassified use permit, (9) Swimming pool used solely by persons residing on the site and their guests (a) Pool setbacks (1) Side property line - 4 ft (11) Rear property line - d ft (b) Mechanical pool eau ipment (1) Setback one (1) foot from property 1_ne ana ten (10) feet from neignboring reslaence, or e_gnt (8) feet from neighboring res_aence with souna attenuation approved by City staff (_i) `'eater vent not to extend more tnan 6 inches above the nearest wail or fence 6600 (=e_) Sec 8,00) Seal Beacrl City Coae S 28 -.00 S 28 -.00 (10) Tne following uses subject to the issuance of a Conditional Use Permit (a) Public utility buildings, (b) Pr_vate churches, museums, librarLes, schools and colleges, (c) Second dwelling unLts provided that the following conaLtions are satisfied (1) The lot or parcel contains an existing s_ngle family aetachea dwelling unit (the primary dwelling unit ) and the second aweliing unit is located within the eVisting living area of the primary duelling unit Living area means the interior innabitable area of the primary aweliing unit, but does not include garages or accessory structures (1i) The second dwelling unit provides complete, independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking and sanitation (iii)The second dwelling unit shall comply with all height, setback, lot size, parking, and other applicable zoning requirements of this chapter (iv) The second dwelling unit shall not be sold, transferred or assigned separately from the primary dwelling unit The owner of the for or parcel shall record a deed restriction to this effect within thirty days after the approval of a conaitional use perm_t for tne second dwelling un_t (v) Tne applicant for the conditional use permit snail be an owner- occupant of tree lot or parcel upon which the prLrnary duelling _nit _s situated (vL) , nv other conaitiOrs imposec cy the P1a-n_ng Comm_s51O"1 or City COLnc_l pursuant to Lrt_cle 25 of tn_s Chapter y n_cn are not _ncons_stent w_th tne (Seal 3eac 8/00) 6601 Zoning S 28 - 400 S 28 -400 pro\iisions of Covernrnent Code Section 65852 2, and (d) Large family day care homes, caring for severs (7) to twelve (12) chilaren subject to the following regulations (1) Seventy -five (75) square feet of outaoor play area, and thirty -five (35) square feet of indoor play area shall be provided per child The outdoor play area shall be cont_guous usable area, enclosed cy a six (6) foot high masonry wall Any gate entry shall be securely fastened and self - closing (ii) Large family day care homes shall be operated in a manner not exceeding the noise levels of the City of Seal Beach Noise Ordinance, nor shall such day care homes be operated in a manner that constitutes a noise nuisance to neighboring properties (lii)A permit shall not be granted for a large family day care home that would be established within a 300 foot radius of any existing licensed large family day care home, and within 500 feet of an existing licensed large family aay care home on the street for which the home is proposed (iv) All large fam_ly day care homes shall comply witn all regulations adopted and enforced by the State Fire Marshall and the Orange County Fire Department (v) The applicant shat_ submit a copy of the Orange County Social Services License prior to trle operat_on of tie day care facility (v_) The aopl_cant snail obta_n a City bus_ license prior to tie operation of tne aay care facil_ty (vii)In aadit_on to tne two required covered par_ng soaoes, one on -site parking space snail be pro for each emalov otter than tne operator, ana one croo -o= -p_c- - 6602 (Deal eeac 8/00 Seal 3eacn City Coae S 28 -100 S 28 - up space shall be provided on -s_te or immed_ately ad3acent to tie suo3ect property Pursuant to Government Code Section 65852 2, the City Council finds that the second dwelling units permitted by this ordinance are deemed not to exceed the allowable densities for the lots upon which tney are located and that sucn dwelling units are residential uses whicn are deemed to be consistent with t C_ty s General Plan (Ord No 9 Ord No 1011, Ord No 11 Ord No 1217, Ord No 1237, Ora No 1380) B Prohibited Uses (single - family dwellings) (1) Exterior stairways providing access from the ground level and /or the first floor to the second floor or above, when such stairways are not specifically required by the Uniform Building Code Excepting such stairways may be permitted through the budding permit process in Planning District V on properties with a second story kitchen e" fisting as of the effective date of this Ordinance In such a case, a covenant shall be recorded on the title of the property stipulating the property is to be used only as a single - family dwelling however, exterior stairways may be permitted on single - family dwellings located within identified flood zones upon approval of a consent cale plan review by the Planning Commission (Ord No 1380, Ord No 1 Section 28 - General Provisions, Lot S_ze, Open Soace, Bulk and Yards (1) Provisions applying _n all districts (a) Minimum lot size Width, interior Jot 50 ft W1atn, corner lot 55 ft Deptn 100 ft Area, lnter_or lot 5,000 sc ft ?rea, corner lot 5,500 sc ft (Sea_ eac 8/00) 0 603 Zoning S 28 -101 S 28 - (D) Ders_ty, lot area per dwelling unit 5,000 sq ft (c) M_rimum floor a_ea 1,200 sq ft (a) Maximum heignt, ma_n bu_1a_nc 2 stor_es max 25 ft (e) Ma _mum height, accessory bu_ldinc 13 ft (_) Larascaping CO % of Pecuired Front Yara (minimum) (Ord No 13-8) (2) Provisions varying by distr_ct (a) Maximum lot coverage District I 60% District II A5% District V d5 % ** (b) Yard Dimensions (Minimums) Front Yara Abutting Street - District I 18 ft District II 18 ft front entry garage**- 10 ft side entry garage District V 18 ft front entry garage 10 ft side entry garage (1) Except where 2 floor decks existing as of January 1, 2001 extend into the front yard setback area In such situations, the second floor setback snail be the edge of -the existing deck Side Yard Abutting Street - Distr_cts i, II & V i5% lot width, Maximum required 10 ft i11av_mLIT Pe_C': _7 D_S:r_C_ _ S» 1 oe :do s:Ories or :,✓er:r--_ve fee: measured a_ :fe wail of tie DL_Zo_ -C nearest Ocea" -venue e - G' cze -e_c -: Of c r00:1_ -0 s -c_? - 0: oe evceeced Or :'e re-:a_PCer Of :ne /o: Ooe7 oc:_O covers oer - _::ec w'_C- COBS ''O: e}'ceec __Ge Dercer: or c - e 10: dreg CO ° ry �c crea mLs: orser e e_C :ee - - :ooc =r0-: Yard nc �cCv, e ce✓: oT/er c' s_ce a - __✓ ..arage were : - e 1_V_ r' =red Ma/ erCroaCh t0 :re __on: wa_1 or :re Ju__C_] a - c _ 70 Ccse _ess :fla :en fee: =ion t -e ;ro - : oro'er:Y 1_7e 660A (.e =_ 3each 4 /00) Seal Eeacn City Code S 28 - S 28 -a01 Pear Yara koutting Street aria other Area Soec_ _ed _r Sect_orl 22 -2316 2 ( -) - Districts T & 11 10 ft D_strict V 10 ft , except for the fO11ow_ng (1) Detached coverea pat_o roofs, gazebos (over 50% of perimeter ooer) and sun screens (over 50% of perimeter open) are permitted within five (5 ) feet subject to the issuance of a building permit Such structures shall ha\ie a maximum height of twelve (12 ) feet when locatea within ten (10 ) feet or the rear prooertl line, are subject to the maximum lot coverage reauirement, shall have a maximum covered area of 200 square feet and a maximum perimeter dimension (on any one side) of fifteen (15 ) feet (a) Subject to the issuance of a conditional use permit, and bound by all conditions of paragraph 1 above as well as any conditions imposed through the issuance or tne use permit, the above listed structures may be constructed to tne rear property line (2) Detached accessory structures, excluding garages and habitable rooms, may be approved by the Planning Commission subject to consent calendar plan review approval Sucn structures shall have a maximum height of twel\fe (12 ) feet when located within f_ve (5 ) feet of the rear property line and are subject to the maNimu lot coverage requirement Side Tara Not kruttirg Street - District 1 10- lot wiatn, Min_mum reau_red 3 ft Districts 11 & V 5 ft Rear Yard Not : outtir'g Street - Distr_ct 1 96 _ t ( ) Walkway may extena a - car _ of ten ( ! 0 ) feet _nro tre rear vary Daiconiy /ceck may extena or project a naz_nL7 of ten (!0) feet _ntO or over tre rear j,ara _n the area De.ow Or at tre secO"la floor level. (from (Se__ oeac' 8'00) '6'0: Zoning S 28 -^01 S 28 -40i street) kDove tne secona floor level, eaves may project a maximum of f iGe (5) feet over the rear varc, subject to Planning Commission approval of a consent calenaar plan re _ew aoollcat_on (2) Detached accessory structures, e2,.clud_ng garages ana habitable rooms, may be approved by the Planning Commission subject to consent calendar plan review aDDroval Such structures shall have a maAimum refight of twelve (12 ) feet when locatea within ten (10 ) feet of the rear property line and are subject to the maximum lot coverage requirement ?ad_tionally, such structures shall have a ma <imum covered area of 150 square feet and a maximum perimeter dimension (on any one sloe) of twelve (12 ) feet District II 10 ft District V 10 ft , loft , except for the following exceptions (1) Detached accessory structures, excluding garages and habitable rooms, may be approved Dy the Planning Commission subject to consent calendar plan review approval Such structures snail have a maximum he_ght of twelve (12 ) feet wnen located within ten (10 ) feet of the rear property line and are subject to tne maximum lot co erage requirement kdartiorally, such structures shall have a max_TnLm coverea area of 150 square feet and a maximum perimeter dimension (on anv one sloe) of twelve (12 ) feet (2) uncoverec decs constructec as a level e { tension of the flat cracea port_on of t lot wnic" were constructea w_thOLt aDpropr_ate Derm_ts Dr_or tO the effect_Ge hate of tnis oralnance, ana whicn are locatea or tnose certain Drooert_es it tne Resiaent_a1 Low Density Zone of District V wn_c abut tome - ellrnan 'anch or Cum Cove Par, may De aoorovea Dv the Plann_ 1G Comm sslo'1 tnrougr the consent calendar clan rey_ew orocess 'Inc owrers o: sLJCn 6606 (Se_ 5eeca 8/00) Seal 3eacn City Coae S 28 -401 S 28 -403 pre- ex_st1ng aecks snail apply for consent calendar plan re approval witr 1n twelve (12) months of the effective Gate of th_s Ordinance (3) Uncovered decks aesigned as a level extension of the flat graded port_on of a lot on those certain properties .ten the Resiaentlal Low Density Zone of District V which abut the Gellman Ranch or Gum Grove Park, may be approved cy the Plann_ng Commisslon through the conditional use permit process (Ora No 948, Ord No 1011, Ord No 1028, Ord No 1095, Ord No 1135, Ord No 1380, Ord No 1416, Ord No 1419, Ord No 1470) Section 28 -402 Required Parking, Parking Space Size, Form and Type (1) Parking Dimensions per space Districts I, II & V 10 ft x 20 ft * * * (2) Number of spaces per unit Districts I, II & V 2 (3) Form Districts I, II & V Open & Accessible ( Type District I Garage or carport Districts II & V Garage (or carport ny cond_uonal use permit only) (5) Church parking One space for each five fixed seats or one space for each 75 square feet of floor area used for assembly purposes and contain_ng no fixed seats Dimensions - 9 ft x 20 ft (Ord No 948, Ord No 1011, Ord No 1_153) Section 28 - Tne Effect of Nonconforming Parri_ng Space D_rnens_ons on Structural alterations Ine proh.in_t_on against trie enlargement, structural aiterat_on Or e:roans_on of a non- conforming burla_ng snail not apply to res dent_a1 buildings a_me (Deal Be=g 8/00) 5o07 Zon_ng S 28 - S 28 -4.06 e \_st_ng nor-conforTing parking space is nine feet by n whicn are nonconforming only by reason of a failure to comply w_th the pro of this code as to the required a_ of parking spaces or garages, pro the miramum s_:e of an feet inter_or dimensions with a minimum of twenty -four foot turning radius (Ord No 9^ -8) Section 28 - Use of Coracles and Carports zl1 requ_red garages ana carports shall be used for short term park_ng of licensed passenger motor vehicles for persons residing on the premises Requrrea garages and carports shall not be used for storage of inoperable motor vehicles, boats, trailers, furniture, building materl.als or other materials, which would interfere with the parking of licensed passenger motor vehicles Ord No 9d8) Section 28 - (Repealed) Section 28 -406 Roof - Mounted Mechanical Equipment Roof - mounted mechanical equipment shall be architecturally screened (Ord No 948) 6608 (Se =- 3e =c 8/00) Zor inc S 28 -700 S 28 -70! article 7 aes_ce - tia_ Mec__ Dens_-] Zone (RYD Zore) Section 23 -700 a Pernitt_d uses (1) all uses perm_tted _n the RLD Zone (2) McQ_u"1 cens_t I _e s_ae - tial uses (3) Tne = o11owi.rc uses subject to iSSuarce of a Cona_t_oral Use Permit (a) Park_ng lots estaollsnec in conju-rct_on with tie use of nearoy lots zoned commerc_al, and (o) Convers_on of eristing apartments into conaomir_ums B Prohibited Uses (1) Unless otherwise permitted _n Subsection A, all uses pronicitec in the RLD zone (Ord No 948, Ord No 1013, Ord No 1221, Ord No 1380) Section 28 -701 General Pro ris_ons, Lot Size, Open Space, Bull( ana Yards ( 1 ) Pro 1s1ons app l v _ng in all districts (a) Ma`rlmL - eight, Ma_n Building Lot w_dtn, less trap 37 1/2 ft , 2 stories, rna.< 25 z _ LL Lot widtn, 37 1/2 =t or more Front 1/2 of lot, 2 s torte - naKi - num 25 ft -ea= _/2 of 10t, 3 stores, na`rirr rn 35 ft (c) Mav_rnu ne_gnt, acce -sor builaincs 1 5 =- (c) m_ _ loo= area for aNell_ng L - __ 950 sc = t E 0 O (Sa_1 .782c c /oe) 5e =1 = =ac - C_1 Coce S 23 -701 S 23 -701 (2) Proti's_o ns varv_ng _-- c_s.rict (a) M_n _mprr Lo. S L e TN_c.n, _nterlor lot - D_str_ct I 25 ft D_s.r_ct 11 50 =t Al _at n , Corer lot - D_strict 1 25 =t Distr_ct 1I 55 ft Deotn - Districts I, TT 100 ft area, interior lot - District I 2,500 sq ft District II 5,000 sq ft area, corner lot - District I 2,500 sq ft D istr_ct II 5,500 SQ _t (Ord No 1348) (b) Density, Lot area per dwelling unit Districts 1, II 2,500 sq ft (c) Lot coverage District 1 60% District I! 50% (a) Yard Dimers_ons (minimum) Yard Anuttitg Street - District I Front 12 =. S_de 15 lot w_atn, 10 ft ma' rec1__reC D_str_ct II Front 18 =_ S_ce i55 lot w_ctn, 13 ft maJ regL.lrea near 18 _t Ya_a F DL.tinc alley - J_s.ric _ 1 S_ce i5 107 N lotn , 10 = . mar ` °C ' "= ,, Ic 2- _t - n_nus w_c.n o al1ev Carace are =mot_ ^g S_oe _i1ev 2 __ _nus w_ct c a11e, (w_atr of cara OnLv ) (Se-? beac ° /c0) 040 Zan r'c S 28 -701 S 22 -702 D_str_ct II 0 ft e -_ 0 -- s'ard Not aDLtt_ng Street. or a l 1ev - D_str_ct I Sloe 10' lot w_C_" 3 ft rn_n , 10 ft maK recurred " wear - 5 ft D_str_ct II Side /Fro 1 0% lo= w_d_n 5 ft m_r , 15 ft max required 0 't wear _ (e) Parking Requlremerts Parking D_rlensions Per Space (Interior Dimens_ons) District I 9 ft r 20 ft District II 10 ft x 20 ft Number per dwelling unit - Districts I, II 2 Form - Districts I, II Open & accessiole Type - Districts 1, II Garage or carport (f) Lardscaping 1 0 of Dequlred Front Yard (M_n .mu (Ord No 9 Ord No 1011, Ord No 1059, Ord No 1095, Ord No 1135, Ord No 1207, Ord No 1330, Ora No 13 Ord No 1 2rceo _on Or rots c_ _es. than t _r-v -,eve^ -rd a ha__ (37 ) eet _- w_dt an encroac-mert _ -o the _ t -__or .._de yard o- e le ^c o - e recL_red car -ce d_11 ce oern_t - ed crov_ded na a .etoacc o_ - ree ( ) ___t ma_-=__ -ec Tie _ t_ t o_ tr_.. e _s o orav_me an _nter_or garace w_c c_ e_grtee ( _eet " = ceot_o- R;er,e cc --per _cts - :ee ( ) -ee m- -1L.rn ----- ec Sect_on 22 -702 Use o' a - d Carports 1 11 r garages and carports s De usea for s - lort- term parr_ng of licensed cassarg ° 'rotor veni_cles for persors re on the pr °i'�_SES "ec__rec carages a carports snail not oe usea for storage of _nODeraole "rotor vCiCles, poets, tra_lers, farn_tLre, Dul' a_- g rnater_als or o — er iLat wb_Cn Would w_ P - e J pa_c._ - g of 1_cersed pass rotor ien_c. es (Ora No 918 ) 4902 (_z_? 5e_c7 q /oo) Seal s=ac C1 1 ( S 23 -701 S 20 -705 Section 23 -701 Xoo _Mou7tec Mec a''_cal =aulDmert Poo- mounted "necrar_cal eaL._ - t snail ce arc screened (Ord No 9 4 8 ) Section 28 -705 Old ''ancn Towne Center DeJejoo ent Plan 0`er1av Tnere is establ_snea t - e es_aen -_al Mcaii - Dens_t, (RMD) Zone trle Olh PanCP Towne Center Deveioom°ert Plan Oi erlay all aeve1ocr ie"'t in treat port_o- of Plan D_str_c t 2 designated as Develoome area D , as revisea Dy the City Coanc_1, in t B_ p Old 'Pancn Towne Center De\,e l opment Plan approved on November 23, 1998 shall be in conformance with, and lim_tea to, the plans, specifications a7a Dro osea uses so approved x^ lard uses subject to the Overlay shall comply With tree otherr/_se aoplicaDle ae\ie1oDmert stanaards of the RMD and PLU /P Zone (Ora No 1 ,1 39 -a) �5�_ — / 0) o ; 0 3 S 28 -800 Zoning S 28 -800 Article 8 Residential High Density Zone (RhD Zone) Section 28 -800 A Permitted Uses (1) All uses permitted in the RLD and RMD zones, (2) Apartment houses, (3) The following uses subject to issuance of a Conditional Use Permit (a) Hotels lawfully existing on January 1, 1987, provided that a conditional use permit is granted therefore on or before January 1, 1988, (b) Fraternity and sorority houses, (c) Private clubs, (d) Residential board and care facilities for not more than fifteen persons, (e) Residential complexes of 150 units or more may be permitted accessory commercial uses subject to the following conditions and limitations 1 All uses and services shall be designed for the specific convenience of the residents and their guests, 2 All uses shall be conducted wholly within an enclosed building, 3 All access to the accessory use shall be from a lobby, patio, courtyard or interior walkway, 4 No signage for such accessory use shall be visible from any public or private street, 5 A valid City business license shall be obtained for all operations 7000 (Seal Beach 12/96) S 28 -800 Seal Beach City Code S 28 -801 (4) Other similar uses which, in the opinion of the Planning Commission, would not be detrimental to the neighborhood in which such uses would be located B prohibited Uses (1) Unless otherwise permitted in Subsection A, all uses prohibited in the RLD and RMD zones (Ord No 1180, Ord No 1210, Si, Ord No 1221, S2, Ord No 1238, S3, Ord No 1380) Section 28 -801 General Provisions, Lot Size, Open Space, Bulk and Yards (1) Minimum Lot Size Width, interior lot - District I 25 ft Districts II, VI 50 ft Width, corner lot - District I 25 ft 1 Districts II, VI 55 ft Depth - Districts I, II, VI 100 ft Area, interior lot - District I 2,500 sq ft Districts II, VI 5,000 sq ft Area, corner lot - District I 2,500 sq ft Districts II, VI 5,500 sq ft (Ord No 1330, S6, Ord No 1348, S8) (2) Yard Dimensions (minimum) Yard abutting street - District I Front 12 ft average / 6 ft minimum Side 15% lot width, 10 ft max required* Rear 0 ft ) (Seal Beach 12/96) 7001 S 28 -801 Zoning S 28 -801 I Districts II, VI Front 18 ft Side 15% lot width, 10 ft max required Rear . . 18 ft Yard Abutting Alley - District I Side 15% lot width, 10 ft max required* Rear . . 24 ft minus width of alley Garage Abutting Side Alley 24 ft minus width of alley (width of garage only) District II Side 4 ft Rear 24 ft minus width of alley District VI Side 0 ft Rear 18 ft Yard Abutting Seal Way - District I 0 ft Yard Not Abutting Street or Alley - District I Side . 10% lot width 3 ft min , 10 ft max required ** Rear 3 ft Districts II, VI v Side 10% lot width, 5 ft min , 10 ft max required Rear 18 ft (3) Density - Lot Area Per Dwelling Unit - District I 2178 sq ft District II 1350 sq ft District VI 960 sq ft * Exception On lots of less than thirty -seven and a half (37 5) feet in width, an encroachment into the exterior side yard for the length of the required garage will be permitted provided that a setback of three (3) feet is maintained The intent of this provision is to provide an interior garage width of eighteen (18) feet 1 ** Exception Reverse corner lots three (3) feet minimum required 7002 (Seal Beach 12/96) S 28 -801 Seal Beach City Code S 28 -802 (4) Minimum Floor Area - Districts I, II, VI 950 sq ft (5) Maximum Lot Coverage - District I 75% District II 60% District VI 80% (6) Maximum Building Height, Main Building Lot widths, less than 37 1/2 ft - District I 2 stories, 25 ft maximum District II, VI 35 ft Lot widths, 37 1/2 ft or more - District I Front 1/2 of lot 2 stories, 25 ft maximum, Rear 1/2 of lot 3 stories, 35 ft maximum * ** Districts II, VI 35 ft (7) Maximum Building Height, Accessory Building - District I, II, VI 15 ft (8) Landscaping 40% of Required Front Yard Minimum (Ord No 1348, S4) The Planning Commission may, by the issuance of a Conditional Use Permit, approve modifications in the required front yard setbacks provided minimum setback of six feet is maintained Consideration may be given to open courtyards, patios or other functional open space located on the lot Drive aprons, drive aisles, walkways, stairs, etc shall not be considered as functional open space The intent of this provision is to encourage individual design while providing functional open space to improve the quality of life (Ord No 948, Ord No 1011, S6, S7, Ord No 1059, S10, S11, Ord No 1095, S3, Ord No 1135, S3, Ord No 1180, S1, Ord No 1207, S2, Ord No 1330, S6, Ord No 1403) Section 28 -802 Parking Requirements (1) Minimum Dimensions per Space (interior dimensions) Districts I, II, VI 9 ft x 20 ft * ** Lots on Seal Way may locate a third story equal to the total s-uare foot area allowed in the rear 1/2 of the lot with no limitation on placement, ) but shall be subject to required yards (Seal Beach 12/96) 7003 S 28 -802 Zoning S 28 -805 (2) Minimum number per Dwelling Unit District I and II 2 minimum, plus 1 guest space for each 7 dwelling units District VI 1 -1/2 (no guest parking required for less than 7 D U ) (3) Form Districts I, II, VI Open & Accessible (4) Type Districts I, II Garage or Carport (guest space may be uncovered) District VI Garage or Carport (5) Residential board and care facilities One for every three beds (Ord No 948, Ord No 972, S2, Ord No 1011, S8, Ord No 1059, S12) Section 28 -803 Use of Garages and Carports All required garages and carports shall be used for short -term parking of licensed passenger motor vehicles for persons residing on the premises Required garages and carports shall not be used for storage of inoperable motor vehicles, boats, trailers, furniture, building materials or other materials which would interfere with the parking of licensed passenger vehicles (Ord No 948) Section 28 -805 Roof - Mounted Mechanical Equipment Roof - mounted mechanical equipment shall be architecturally screened (Ord No 948) 7004 (Seal beech 12/96) Attachment 2 RESOLUTION NUMBER 02 -46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 02 -2, AMENDING SECTIONS 28 -402, 28 -701, AND 28 -802 OF THE CODE OF THE CITY OF SEAL BEACH TO REQUIRE A CONSENT CALENDAR MINOR PLAN REVIEW FOR THE CONSTRUCTION OR EXPANSION OF GARAGES WHICH PROVIDE PARKING FOR MORE THAN 3 VEHICLES THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 At its meeting of December 4, 2002, the Planning Commission considered Zoning Text Amendment 02 -2 This amendment would require a Minor Plan Review for expansion or construction of a garage to hold more than three cars in conjunction with a residential development Section 2 Pursuant to 14 Calif Code of Regs § 15305 and § II B of the City's Local CEQA Guidelines, staff has determined as follows The application for Zoning Text Amendment 02 -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 seen with certainty that there is no possibility that the approval may have a significant effect on the environment Section 3 A duly noticed public heanng was held by the Planning Commission on December 4, 2002 to consider Zone Text Amendment 02 2 Section 4 The record of the heanng December 4, 2002 indicates the following (a) At said public heanng there was oral and wntten 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 (c) The proposed text amendment will require that proposed garages which would provide parking for more than 3 vehicles would require a consent calendar discretionary permit approved by the Planning Commission at regularly held meetings Section 5 Based upon the facts contained in the record including those stated in § 4 of this resolution and pursuant to § 28 -2600 of the City's Code, the Planning Commission Planning Commission Resolution No 02 46 December 4 2002 makes the following findings (a) Zoning Text Amendment 02 -2 is consistent with the provisions of the vanous elements of the City's General Plan Accordingly, the proposed use is consistent with the General Plan The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of 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 of the zoning requirements Section 6 Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 02 -2 to the City Council m substantially the following form Subsection (2) of Section 28 -402 of Chapter 28 of The Code of the City of Seal Beach is hereby amended to read `(2) Number of spaces per unit Distncts I, II, & V 2 (a) Except as otherwise provided in this paragraph, the maximum size of a garage shall be 30 ft x 20 ft , and the maximum number of parking spaces within a garage shall be three parking spaces Notwithstanding the foregoing, garages larger than 30 ft x 20 ft and garages with more than three parking spaces may be permitted, subject to Consent Calendar Minor Plan Review " 2 Subparagraph (e) of subsection (2) of Section 28 -701 of Chapter 28 of The Code of the City of Seal Beach is hereby amended to read "(e) Parking Requirements Parking Dimensions per Space (Intenor Dimensions) Distnct I 9 x 20 ft Distnct II 10 x 20 ft Number of spaces per dwelling unit Distncts I & II 2 (1) Except as otherwise provided in this paragraph the maximum size of a garage shall be 30 ft x 20 ft , and the maximum number of parking spaces within a garage shall be 3 parking spaces Notwithstanding the foregoing, garages larger than 30 ft x 20 ft and garages with more than three parking spaces may be permitted, subject to Consent Calendar Minor Plan Review Fonn — Distncts I & II Open & Accessible Type — Distncts I & II Garage or carport" Page 3 Planning Coanmtsston Resolution No 02 46 December 4 2002 3 Subsection (2) of Section 28 -802 of Chapter 28 of The Code of the City of Seal Beach is hereby amended to read "(2) Minimum number per dwelling unit Distncts I & II 2 Minimum, plus 1 guest space for each 7 dwelling units Distnct VI 1 i/2 (No guest parking required for less than 7 dwelling units) (a) Except as otherwise provided in this paragraph, the maximum size of a garage shall be 30 ft x 20 ft , and the maximum number of parking spaces within a garage shall be 3 parking spaces Notwithstanding the foregoing, garages larger than 30 ft x 20 ft and garages with more than three parking spaces may be permitted, subject to Consent Calendar Minor Plan Review " PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 4th day of December, by the following vote AYES Commissioners NOES Commissioners ABSENT Commissioners David Hood, Ph D , Chairman Planning Commission Lee Whittenberg, Secretary Planning Commission Page 4 ATTACHMENT 4 Planning Commission Minutes of September 18, 2002 & December 4, 2002 Agenda Item City of Seal Beach Planning Commission Meeting Minutes of September 18 2002 1 CONSENT CALENDAR 2 3 1 Approve Planning Commission Meeting Minutes of September 4, 2002 4 5 2 RECEIVE AND FILE Western City Magazine Articles "Balancing Housing and 6 Growth Pressures With Limited Resources It s Time for Leadership," and 7 'What Californians Think About Growth and Development 8 9 MOTION by Sharp, SECOND by Ladner to approve the Consent Calendar as 10 presented 11 12 MOTION CARRIED 5 — 0 13 AYES Deaton, Hood, Ladner, Shanks, and Sharp r 14 NOES None 15 ABSENT None 16 17 18 SCHEDULED MATTERS 19 20 3 Clarification of Ambiguity — Garage Structure Size 21 22 Staff Report 23 24 Mr Cummins delivered the staff report (Staff Report is on file for inspection in the 25 Planning Department) He stated that as requested by the Planning Commission 26 (PC) at the September 4 2002 meeting, he would attempt to provide clarification as 27 to the definition of an accessory structure as it relates to garages He indicated that 28 there is a provision in the Residential Low Density (RLD) Zoning standards that 29 allows for accessory buildings or structures, including private garages, to 30 accommodate not more than three automobiles He stated that this provision is 31 intended to limit the size of accessory or structures separate from the main structure 32 to a maximum 3 -car capacity He reviewed the definition for "Accessory' and 33 explained that Staff has always interpreted this to mean that an accessory structure 34 is a separate detached building Mr Cummins stated that there are provisions to 35 allow these accessory structures within the required setback areas subject to various 36 PC approvals He noted that Commissioner Deaton s question was whether the City 37 should limit the overall size of a garage in general He reviewed several 38 recommendations made by Staff on the best way to address this issue as follows 39 40 1 Amend the definitions section of the City Code to define a garage use as an 41 accessory use within the zone itself 42 2 Add language to require discretionary approval for any garage constructed on a 43 residential property to accommodate more than 3 vehicles 44 3 Staff recommends that the PC require a Minor Plan Review (MPR) process for 45 these requests 46 \ \DATAFILE \USERS \CAlvarez \Carmen data \PC Minutes \2002 \09 18 02 PC Minutes doc 2 City of Seal Beach Planning Commission Meeting Minutes of September 18 2002 1 He reviewed the options available to the PC as listed on Page 3 of the Staff Report 2 3 Commissioner Questions 4 5 Commissioner Shanks asked how the 4 -car garage on Ocean Avenue noted on 6 Page 2 of the Staff Report would be categorized Mr Cummins stated that as Staff 7 currently interprets the Code, garages that are attached to the main structure on a 8 property can be constructed to accommodate as many cars as the homeowner 9 desires and are not subject to the provisions for accessory structures and garages 10 He noted that this property was actually comprised of two lots combined into one 11 12 Commissioner Comments 13 14 Commissioner Deaton recommended that the PC consider requiring approval via the 15 MPR or Variance (VAR) process for parking in excess of 3 cars on a property She 16 stated that this requirement would provide the PC with the opportunity to review a 17 project before it is constructed, and would also allow for pubic notice to surrounding 18 properties She recommended that these items be placed on the agenda under the 19 Consent Calendar minimizing Staff work and eliminating the need for a public 20 hearing, yet still provide a means for allowing residents to remove any item from the 21 Consent Calendar for further discussion Commissioner Deaton then recommended 22 that the wording defining an accessory structure be revised to make clear whether it 23 means a free - standing structure or a part of the main structure or a part of the free - 24 standing structure 25 26 Commissioner Sharp asked for clarification of the 3 -car garage per lot provision 27 using the combined lots on Ocean Avenue as an example of whether this would be 28 considered one lot or two Mr Cummins clarified that what he had intended to state 29 was a 3 -car garage per unit Commissioner Deaton interjected that as she 30 understands, the lot line for the property on Ocean Avenue was redrawn to create 31 one lot, as it is illegal to build a structure over a property line Mr Cummins reported 32 that this was correct Commissioner Sharp asked how the lot line was changed 33 without PC review Mr Cummins stated that lot line adjustments are handled 34 administratively through the Engineering Department Commissioner Sharp stated 35 that for previous requests to create two lots out of three Old Town lots a subdivision 36 map had been required Mr Cummins explained that for division of one piece of 37 land into several lots a subdivision map is required, but to combine two lots into one, 38 a lot line adjustment is all that is required 39 40 Commissioner Shanks clarified that what Commissioner Deaton was recommending 41 was to restrict the size of a garage or accessory structure to accommodate no more 42 than three automobiles Commissioner Deaton confirmed that this was correct 43 Commissioner Shanks noted that the only place where this has occurred in on `The 44 Hill " He inquired of the Associate Planner if there were other cases in Old Town 45 Mr Cummins confirmed that there are a number of these cases in Old Town 46 Commissioner Shanks commented that he believes that having the PC review these \ \DATAFILE \USERS \CAlvarez \Carmen_data \PC Minutes12002\09 18 02 PC Minutes doc 3 City of Seal Beach Planning Commission Meeting Minutes of September 18 2002 1 cases makes it awfully complicated and may appear like the PC is getting awfully 2 picky over something that does not occur that frequently 3 4 Commissioner Ladner asked how the home on Ocean Avenue could have a 4 -car 5 garage as opposed to a 3 -car garage Mr Cummins explained that currently there is 6 no maximum on garage size as long as it is attached to the main structure on the lot 7 8 Commissioner Sharp interjected that one of the biggest problems in the City of Seal 9 Beach is parking, and if someone wants to have a 4 -car garage and take 4 cars off 10 the street he believes the City should be happy about this Commissioner Deaton 11 stated that she is in complete agreement with this, but she still feels that a review 12 process is necessary to help prevent as many problems as possible related to 13 density, retaining walls, and structure heights She noted that this allows for a 14 process to redress a problem when there is one 15 16 Chairperson Hood stated that the problem, as he sees it, is not the number of cars in 17 a garage, but the fact that a garage was whittled out of the earth and the earth 18 remained on the lot creating difficulties for the next door neighbors He said that in 19 many ways, what is being discussed is underground garages He noted that 20 historically the restriction on the size of detached garages was to prevent over - 21 building on any lot He stated that the real issue is the grading and what happens to 22 the earth when it is dug out to make a 3 or 4 or 5 -car underground garage He 23 asked about whether a new grading policy is to be established to prevent this 24 occurring again Mr Cummins reported that the City Engineer is currently working 25 on a Grading Ordinance for review by the City Council to specifically address the 26 concerns that arose as a result of the new home up on The Hill 27 28 Chairperson Hood asked if had the draft Grading Ordinance been in effect at the 29 time that this property was modified, would the neighbors on either side of the 30 property have experienced the same discomfort and inconvenience as they are 31 currently Mr Cummins stated that if the City approves an ordinance that requires a 32 discretionary permit for importation of dirt or creating a new grade above the natural 33 grade that homeowner would need to acquire discretionary approval by the PC, 34 which would require notification to the surrounding neighbors Chairperson Hood 35 asked how much could the grade be raised without having to come before the PC for 36 approval Mr Cummins stated that this was still being determined He guessed it 37 might be one foot to eighteen inches, except for homes within a flood zone 38 Commissioner Shanks interjected that half of the homes on The Hill are at least 39 one -half foot higher than the sidewalk level Mr Cummins stated that the ordinance 40 would be using the natural finished grade used when the homes were subdivided 41 42 Commissioner Sharp stated that with the City's current financial difficulties, he does 43 not believe that this will be of great benefit but will create a lot of extra work for an 44 already overloaded Staff 45 \1DATAFILE \USERS \CAlvarez \Carmen_data \PC Minutes \2002 \09 18 02 PC Minutes doc 4 City of Seal Beach Planning Commission Meeting Minutes of September 18 2002 1 Commissioner Deaton stated that with all due respect to the Chair this was not a 2 grading issue She emphasized that this was about a review process, about density, 3 about citizens having a say in their own government, about law suits She inquired 4 of Mr Boga if under Section 28 -203 `accessory' means a building, part of a building 5 or structure, or use, which is subordinate to that of the main building She noted that 6 she sees nothing in this text that indicates that this is a free - standing building Mr 7 Boga agreed that the definition of accessory is not clear and concurred that the 8 interpretation of this section of the Code is difficult, however, after careful review by 9 counsel's office, they are in agreement with Staff's reading of this definition He 10 noted that when you take this definition combined with the other provisions of the 11 Code, this basically translates into a limitation of 3 cars applying only to detached 12 garages Commissioner Deaton then noted that there is a section in the Code that 13 discusses clearing up any ambiguity, and she believes that at this time clarification 14 of the ambiguity should be provided and forwarded to City Council for their 15 determination 16 17 MOTION by Deaton to direct Staff to provide clarification of Section 28 -203 of the 18 City Code with a more clear definition of the word accessory and forward to City 19 Council for their determination 20 21 Commissioner Shanks clarified that what Commissioner Deaton was requesting is 22 clarification of the definition of an accessory building Commissioner Deaton stated 23 that what she wanted is a clarification of the definition of the word `accessory She 24 noted the dictionary definition and stated that she wanted to make sure that there is 25 no ambiguity that could lead to possible litigation She stated that she did not feel it 26 would create a lot of work for Staff to create a Consent Calendar item 27 28 MOTION dies for lack of a Second 29 30 31 4 STUDY SESSION #3 - Retaining Walls 32 33 Commissioner Sharp asked if the Engineering Department is working on an 34 ordinance to present to City Council, what input would the PC have regarding 35 retaining walls Mr Cummins explained that the Zoning Code would have to be 36 amended to address what the maximum height for retaining walls would be He 37 stated that the Engineering Department is not involved in this, but is working on a 38 grading ordinance regarding importing dirt onto a property Commissioner Sharp 39 commented that in his opinion, the grading and retaining wall issues should be 40 addressed together 41 42 Commissioner Shanks stated that he had read the minutes from the study sessions 43 on retaining walls held approximately two years ago He inquired as to what had 44 come about as a result Mr Cummins explained that a study session on this issue 45 had taken place in November 2000 and had subsequently taken a back seat to 46 issues related to finalizing the Bixby Project and other higher priority projects \ \DATAFILE \USERS \CAIvarez \Carmen_data \PC Minutes \2002 \09 18 02 PC Minutes doc 5 City of Seal Beach Planning Commission Meeting Minutes of December 4 2002 NOES None _ ABSENT Sharp 3 4 Mr Abbe advised that the adoption of Resolution No 02 -43 begins a 10 -day calendar 5 appeal period to the City Council The Commissioner action tonight is final and the 6 appeal period begins tomorrow morning 7 8 9 7 Zone Text Amendment 02 -2 _ 10 Citywide 11 12 Applicant/Owner City of Seal Beach _ 13 Request To amend the Code of the City of Seal Beach to require a 14 discretionary permit for any garage larger than 3 vehicles in 15 the City Under the proposed changes, any applicant 16 requesting a garage larger than 3 vehicles for a residential 17 project would require a Conditional Use Permit 18 19 Recommendation Approval, subject to conditions and adoption of Resolution 20 02 -46 21 22 Staff Report n7 Mr Whittenberg delivered the staff report (Staff Report is on file for inspection in the 25 Planning Department) He provided some background information on this item and 26 stated that the Planning Commission (PC) had conducted a discussion on the issue of 27 3 -car garages in relation to development work being completed on a home on Crestview 28 Avenue He said that City Council also discussed the issue and had directed Staff to 29 prepare a Zone Text Amendment (ZTA) for consideration by the PC to put in place a 30 discretionary review process for persons who wish to construct a garage for 4 or more 31 cars He then explained that the Staff Report proposes using the Conditional Use 32 Permit (CUP) process which involves a formal public hearing and requires that public 33 notice be published in the newspaper and mailed to all property owners and occupants __ 34 of structures within 300 feet of the property proposing a garage structure for more than 35 3 cars He stated that the CUP approval process is discretionary at the PC level, based 36 upon the PC s evaluation of the compatibility of this type of development within the 37 neighborhood in which in would be located The Director of Development Services then 38 noted that the other process that allows for discretionary review by the PC is the Minor _ 39 Plan Review (MPR) process which is a Consent Calendar item on the Agenda and 40 would not involve a public hearing He explained that it does involve a public notice 41 mailed to all property owners and occupants within 100 feet of the particular property in 42 question Mr Whittenberg stated that as the Code is currently written, it states that an 43 accessory garage for 3 cars or more would require a CUP and the manner in which the = 44 City has interpreted this is that this approval is required for a free - standing garage structure not physically attached to the house He said that if the garage is attached to the house then the City has not required the CUP review He said that this provision Z \Carmen_data\PC Minutes\2002 \12 04 02 PC Minutes doc 6 City of Seal Beach Planning Commission Meeting Minutes of December 4 2002 would require a CUP review whether or not the garage is attached to the main _ residence He indicated that based upon the discussions on this issue Staff believes 3 that there should be some sort of review process available to the public in considering 4 garage structures for 4 or more cars 5 6 Commissioner Questions 7 8 Chairperson Hood clarified that if Resolution 02 -46 were approved tonight as presented, 9 this would include the CUP process for all applications for construction of garages for 10 more than 3 cars Mr Whittenberg stated that this was correct 11 12 Public Hearing 13 14 Chairperson Hood opened the public hearing 15 16 Mr Don Mabe stated that he has a 4 -car detached garage, which he uses to store his 17 vehicles He said that across the street from his home are six houses with 21 cars, 18 which are parked in the garages He stated that the newspaper article he read stated 19 that if people had a 2 -car garage and wanted to add a 3 -car garage, that the City would 20 oppose this He said that most homes in Old Town have 2 -car garages and if families 21 have a teenager with a car and no ability to create a larger garage to store this vehicle 22 it places the car owner at risk of having the car damaged or vandalized He said that nq when constructing his garage it was red - tagged because he had constructed a bathroom in the garage He stated the City needs more garages to help alleviate the 25 parking problems He noted that 13 14 15 1 6 th , and 17 Streets, Manna Drive and 26 Dolphin Avenue are not in compliance with the Fire Code that states that the fire access 27 road must be 21 -feet wide to park on one side of the street He stated that all of these 28 streets are 20 feet or Tess with parking on both sides of the street Mr Mabe stated that 29 if the City were going to deny construction of more and larger garages, there would be 30 more cars parked on the street creating a dangerous situation He stated that he is in 31 favor of allowing construction of larger garages 32 33 Mr Bruce Bennett stated that he had heard there was a change to one of the State 34 Codes that once there is a 3 -car garage on a property the owner might be able to create 35 a 4 -car garage and then convert it into a living unit He commented that having the 36 complete Agenda for both the Planning Commission and City Council meetings on the 37 City website would make it very convenient for those members of the public interested 38 in acquiring the Staff Reports for specific items of interest to them 39 40 There being no one wishing to speak Chairperson Hood closed the public hearing 41 42 Commissioner Comments 43 44 Commissioner Deaton stated that in response to Mr Mabe s comments the idea is not to say that property owners cannot construct a garage larger than for 3 -cars She said that the point is to allow neighboring residents to receive notice of these projects so that Z \Carmen_data\PC Minutes\2002 \12 04 02 PC Minutes doc 7 V City of Seal Beach Planning Commission Meeting Minutes of December 4 2002 if there is a problem with it the PC has a means for dealing with the issue She emphasized that this would allow surrounding residents to have a say She said that 3 she favors the CUP process because of the 300 -foot public notice requirement 4 5 Commissioner Shanks stated that the PC is not opposed to 4 -car garages as long as 6 they do not affect the aesthetics of the neighborhood 7 8 Mr Whittenberg stated that it appears that the general consensus is that the CUP 9 process is favored over the MPR process so Resolution 02 -46 should be amended to 10 reflect this 11 12 MOTION by Deaton SECOND by Shanks to approve Zone Text Amendment 02 -2 and 13 adoption of Resolution 02 -46 as amended 14 15 MOTION CARRIED 4 — 0 — 1 16 AYES Deaton, Hood, Ladner, and Shanks 17 NOES None 18 ABSENT Sharp 19 20 Mr Whittenberg noted that on a ZTA the PC serves as a recommending body and there 21 is no appeal period but the ZTA will automatically be scheduled for a future public 22 hearing at the City Council level 7'1 25 SCHEDULED MATTERS 26 27 City Council Direction Re Section 28 -2407, Enlargements or Structural Alterations To 28 Nonconforming Residential Buildings and Uses 29 30 Mr Whittenberg stated that at the request of Councilperson Antos the City Council (CC) 31 at its last meeting reviewed for adoption an emergency ordinance to prevent the City 32 from considering applications for additions or enlargements to nonconforming 33 residential structures He said that the CC determined not to adopt the ordinance but 34 instead made a determination to instruct the PC to initiate a number of study sessions to 35 review the existing provisions of the ordinance to establish whether they need to be 36 revised based upon the concerns of the PC or the public regarding the current 37 provisions He indicated that copies of the memorandums presented to CC have been 38 provided to the Commissioners in their Agenda packets along with a draft of the 39 ordinance that was not adopted He stated that the PC could agree upon a date to 40 schedule a study session to review this issue Mr Whittenberg recommended that the 41 first study session be scheduled for the second PC meeting in January 2003 or the first 42 meeting in February 2003 Commissioner Deaton stated that she would be out of town 43 at the end of January and it was, therefore agreed that the study session would be 44 scheduled for the first meeting of February 2003 Commissioner Shanks inquired as to s whether the CC wanted to hold a joint meeting on this issue Mr Whittenberg reported J that Councilperson Antos had presented this proposal but no further discussion was Z \Carmen_data\PC Minutes \2002 \12 04 02 PC Minutes doc 8