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Home My WebLink AboutCC AG PKT 2003-01-27 #K AGENDA REPORT , q b-/ • DATE: January 27, 2003 TO: Honorable Mayor and City Council I THRU: John B. Bahorski, City Manager FROM: Mac Cummins, Associate Planner /Special Projects Manager SUBJECT: 2° Reading of ZTA 02 -1 Retaining Wall Ordinance SUMMARY OF REQUEST: That the City Council approve the second reading of an ordinance revising the zoning code, pertaining to the new construction of retaining walls within the City. BACKGROUND: The proposed text amendment would specify the height of retaining walls within the City. Staff has drafted overall City standards and set out two separate areas, which have unique characteristics to be addressed independently. Those two areas are: • Rear yards abutting Gum Grove Park, the Hellman Property, and other vacant lands north of the existing RLD housing in planning District V. • Side yards abutting stub streets along the "Gold Coast." A summary of the proposed restrictions can be found in attachment 2, the staff report given to the Council when the ordinance was first introduced. The only change to the ordinance before the Council this evening, is the additional language that Councilman Antos requested regarding building code requirements not being compromised by this ordinance. This information is provided as section 4 of the proposed ordinance. FISCAL IMPACT: None. Staff time is preparing reports to the Planning Commission and City Council. RECOMMENDATION: That the City Council approve the second reading of an ordinance revising the zoning code, pertaining to the new construction of retaining walls within the City. Agenda Item A NOTED • APPROVED: • Mac Cummins Jo ' B. Bahorski Associate Planner /Special Projects Manager 7 Manager Attachments: (2) 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 Section 28 -1801, Restricting the Height of Retaining Walls in the City of Seal Beach. 2. Staff Report to the City Council, re: ZTA 02 -1 Retaining Walls. 2 Attachment 1 • ORDINANCE NO. AN ORDINANCE OF THE CITY OF SEAL BEACH REGARDING RETAINING WALLS AND AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Chapter 28 of the Code of the City of Seal Beach is hereby amended by • adding a new Section 28- 270.01 to read as follows: "Section 28- 270.01. Retaining Wall. "Retaining wall" means a wall designed to resist the lateral displacement of soil or other materials." Section 2. Sub - paragraph (D) of Paragraph (2) of Section 28 -2316 of Article 23 of Chapter 28 of the Code of the City of Seal Beach is hereby deleted. Section 3. Section 28 -2316 of Article 23 of Chapter 28 of the Code of the City of Seal Beach is hereby amended by adding a new Paragraph (3) to read as follows: "3. Retaining Walls: (A) City -Wide Standards (1) A retaining wall less than or equal to thirty (30) inches in height is automatically permitted. (2) A retaining wall greater than thirty (30) inches in height is permitted subject to minor plan review approval. If such a wall faces a public street or place, said wall shall be screened by a landscape buffer at least eighteen (18) inches wide. (3) A retaining wall shall not exceed a height of four (4) feet. (4) A guard rail shall be placed, when necessary, on a retaining wall in accordance with building code requirements. (5) A fence, wall, hedge or screen planting may be placed on a retaining wall provided the combined height of the retaining wall and fence, wall, hedge or screen planting does not exceed ten (10) feet. - 1 of 3 - 709037.1 (6) If the combined height of a retaining wall and fence exceeds six (6) feet, then the fence shall be separated from the retaining wall by a landscape terrace at least two (2) feet wide. (7) If a set back area contains multiple retaining walls, such walls shall be separated by a landscape terrace at least two (2) feet wide. (B) RLD Zone, District I Standards (1) Scope: The standards of this sub - paragraph (B) apply to side yard retaining walls abutting a public street within the Residential Low Density (RLD) Zone in District I. To the extent not in conflict with these standards, the City -wide standards of sub - paragraph (A) apply to such retaining walls as well. (2) A retaining wall greater than thirty (30) inches in height is permitted subject to minor plan review approval. There is no maximum height for retaining walls in this area. (3) The base of the public side of a retaining wall greater than thirty (30) inches in height shall be screened by a landscape buffer at least two (2) feet wide if required in connection with the minor plan review approval. (4) A retaining wall shall not be erected along the rear ninety -six (96) feet of a lot. (5) A retaining wall shall not be erected on public property unless an encroachment permit has been obtained. (C) RLD Zone, District V Standards (1) Scope: The standards of this sub - paragraph (C) apply to rear yard retaining walls abutting Gum Grove Park or the wetlands area within the Residential Low Density (RLD) Zone in District V along the following streets: Avalon, Catalina, Crestview and Surf Place. To the extent not in conflict with these standards, the City -wide standards of sub - paragraph (A) apply to such retaining walls as well. . (2) A retaining wall may not exceed a height of six (6) feet. • (3) If a set back area contains multiple retaining walls, such walls shall • be separated by a landscape terrace at least three (3) feet wide. -2of3- 709037.1 , (D) Nonconforming Retaining Walls. Lawfully erected retaining walls existing on the effective date of this paragraph shall be deemed nonconforming and may remain as is indefinitely unless damaged to the extent of more than fifty percent of the replacement cost. In the event of such damage, the wall shall be restored in conformance with this section. If a nonconforming wall is removed from a lot, each future retaining wall on the lot shall be in conformance with this section. (E) Miscellaneous. All landscape buffers and landscape terraces shall be equipped with automatic sprinklers. Height limits shall be based on measurements made on both sides of the retaining wall." Section 4. In no case shall any provision of this ordinance supercede, limit, restrict, or effect the requirements required by the uniform building code. Section 5. 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. 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 ATTEST: City Clerk STATE OF CALIFORNIA } - 3 of 3 - 709037.1 • COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1, Joanne M. Yeo, City Clerk of the City of Seal Beach, Califomia, do hereby certify that the foregoing Ordinance is an original 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 -4of3- 709037.1 Attachment 2 FILE COPY AGENDA REPORT DATE: December 9, 2002 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Mac Cummins, Associate Planner /Special Projects Manager SUBJECT: Zone Text Amendment 02 -1 (Retaining Walls) SUMMARY OF REQUEST: After receiving all public testimony and considering the recommendation of the Planning Commission, the City Council has the following 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 1996, the City Council considered this issue when looking at the unpermitted decks along Crestview Ave. The Council directed staff to address the issue at a later date. The Planning Ooininission has held three study sessions on the item; the most recent being the last ineetirlg, September 18, 2002. At that meeting several options were discussed and the Commission directed staff to come back with the appropriate language for a Zone Text Amendment to address the height of retaining walls within the City. Staff took the direction of the Commission and drafted the attached proposed Zone Text Amendment. The Planning Commission held a public hearing on the matter on October 23, 2002, made certain findings and voted 5 -0 to recommend approval of the Zone Text Amendment. The Agenda Item Commission's resolution and the minutes of the meeting are provided for Council review. This item is categorically exempt from CEQA environmental review. DISCUSSION: The proposed text amendment would specify the height of retaining walls within the City. Staff has drafted overall City standards and set out two separate areas, which have unique characteristics to be addressed independently. Those two areas are: • Rear yards abutting Gum Grove Park, the Hellman Property, and other vacant lands. north of the existing RLD housing in planning District V. • Side yards abutting stub streets along the "Gold Coast." There will also be general City wide standards. A recap of the standards to be imposed: ❑ City Wide: 1. Retaining walls less than 30 inches in height are permitted by right. 2. Retaining walls between 30 inches in height and 4 feet in height are permitted, subject to Minor Plan Review. No retaining wall taller than 4 feet is permitted in any situation (Except along the rear yards of the houses which abut Hellman/Gum . Grove Park). • 3. Fences shall still be allowed up to the maximum height as allowed under Section 28- 2 • 4. No one segment of fence /retaining wall combination, under any circumstances, shall be taller than 10 feet. 5. A retaining wall /fence combination taller than 6 feet shall have a minimum 2 foot landscape buffer between the top of the retaining wall and the start of the fence. 6. Retaining wall sections may be necessary up to 4 feet in height, subject to Minor Plan Review. When more than 4 feet is required, a 2 foot landscape buffer shall be required between each 4 foot section. (e.g. when an applicant needs 10 feet of earth retained, they would apply for a MPR, and design the wall to be 4 feet in height, then 2 foot landscape buffer," then 4 feet in height, then 2 foot landscape buffer, then 2 foot retaining wall height). 7. Retaining walls facing public streets or spaces and greater than 30 inches in height would be required to have an 18 inch landscape buffer at the base of the wall. 8. If required by Building Code, a guard rail shall be installed on top of any retaining wall. 9. The definition of a retaining wall will taken from the Uniform Building Code and adopted into the definitions section of Article 28 (Zoning Code) of the City of Seal Beach. 10. All pre - existing non - conforming retaining wall/fence combinations will be grandfathered and not subject to this chapter. All new construction, including replacement, would need to meet the restrictions of the proposed ZTA. Agenda Item ❑ Side Yards along the Gold Coast: 1. Retaining walls are permitted along the stub streets, subject to Minor Plan Review, when taller than 30 inches. 2. Automatic sprinklers and a minimum 2 foot landscape buffer shall be required, along with an encroachment permit from the Department of Public Works, if necessary. 3. No retaining walls shall be allowed along the rear 96 feet of the property. ❑ Rear Yards abutting Gum Grove Park/Hellman: 1. Maximum height of retaining walls shall be 6 feet, subject to Minor Plan Review. 2. Minimum 3 foot landscape buffer between each 6 foot tall section of retaining wall. FISCAL IMPACT: None. Staff time is preparing reports to the Planning Commission and City Council. RECOMMENDATION: The Planning Commission considered this item on October 23, 2002 and adopted a resolution recommendi approval of this Zone Text Amendment on a 5 -0 vote. g 144 Mac Cummins Associate Planner /Special Projects Manager NOTED AND APPROVED: John : Bahorski, City Manager 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 Section 28--,1.8 .2V G Restricting the Height of Retaining Walls in the City of Seal Beach. Agenda Item _ V D 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 -1, amending the provisions regarding retaining walls within the city ATTACHMENT 3: Planning Commission Minutes of October 23, 2002 & September 18, 2002 (Study Session) ATTACHMENT 4: Planning Commission Staff Report of October 23, 2002 Agenda Item