title
PLANNING COMMISSION CONSIDERATION OF DRAFT RESOLUTION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING CODE AMENDMENT P-2015-0103-ZCA REGARDING LARGE SINGLE FAMILY DEVELOPMENT.
body
Contact Person/Dept: Sol Blumenfeld / Community Development
Thomas Gorham / Planning
Phone Number: 310-253-5700
310-253-5727
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: (E-Mail) Meetings and Agendas: Planning Commission; Ongoing Topics - Planning and Zoning “Mansionization”; Interested parties; (10/7/15): (PUBLISH) Culver City News (10/8/15); (POST) City’s Public Notification Web Page and Facebook and Twitter (10/7/15): (MAIL) All R1 property in the City (10/7/15)
Department Approval: Sol Blumenfeld (10/1/15)
______________________________________________________________________
RECOMMENDATION:
Staff recommends the Planning Commission: Adopt the draft resolution recommending to the City Council approval of Zoning Code Amendment P-2015-0103-ZCA, amending Section 17.210.020 Residential Zoning Districts Development Standards, Table 2-3 concerning R-1 properties; and Section 1.700.010 Definitions of Terms - Adding terms: “Basement” and “Floor Area Ratio (FAR)” of Title 17, Zoning, of the Culver City Municipal Code (Zoning Code).
BACKGROUND:
On September 16, 2015, the Planning Commission conducted its third and final Study Session on large single family developments in the City, received substantial public testimony and provided direction to staff on potential Zoning Code amendments to address the practice of replacing older, smaller homes with the largest home permitted under the City’s Zoning Code, which are much larger than surrounding dwellings and which, because of their size, change the scale and character of a neighborhood (known as “Mansionization”).
DISCUSSION:
Summary: September 16th Planning Commission Study Session
The Commission considered a staff report summarizing recommendations for potential Zoning Code amendments and a status report on the level of permit activity for larger single family homes. Staff has been tracking the number of permits applied for or issued for larger single family residential projects and noted that since the July 22nd Planning Commission Study Session No. 1, seven permits had been applied for and one has been approved. A total of 13 large single family home projects have been applied for or permitted since the initial Council hearing on the matter in June 2015. This survey information has been posted on the Culver City website homepage with links to the proposed Zoning Code Text Amendment - Changes to R1 Development Standards, which may be accessed directly though:
http://www.culvercity.org/en/Government/CommunityDevelopment/Planning.aspx#codeammendment <http://www.culvercity.org/en/Government/CommunityDevelopment/Planning.aspx>
The Commission discussed 25 potential changes to the Zoning Code and/or permit and construction process that were summarized in a matrix. Of the 25 items, 10 were recommended for Zoning Code or Municipal Code text amendments. The proposed changes were intended to address issues of building massing, privacy, design, height, construction, permit and public notification. The regulations proposed to be changed related to front, side, rear and second story setbacks, building coverage / FAR, and corner lots and accessory structure setbacks. The Commission decided the proposed changes were wide ranging and that applying them to other than R-1 properties could result in negative impacts and unintended consequences. The Commission also determined that the regulations being recommended would, by application, address concerns of shade and shadow; therefore, shade and shadow studies were unnecessary. The Commission also felt that it had timely addressed the need to get new regulations in place. In addition, after taking into consideration concerns expressed by the public at each of the three study sessions, the Commission conveyed its opinion that a moratorium and use of outside consultants was unwarranted and would be ineffective. Problems related to construction impacts to adjacent properties are being addressed as a separate Building Code amendment that will be presented to the City Council by the end of the year.
Summary of Concerns and Recommendations:
1. Massing - Require use of Floor Area Ratio (FAR) to regulate relationship of building size to lot size for single family residential development. Limit FAR to .6 including attached garages.
2. Massing - Require 20' front yard setback and 5' step back on the 2nd floor or full 25' front setback for both stories with no step back.
3. Massing and Privacy - Require 5’ building side yard setbacks
4. Massing and Privacy - Incentivize 10 side yard for driveways located along a side yard leading to a garage at the rear of a lot by deducting the garage area from allowable FAR.
5. Massing and Privacy - Require 15’ rear yard setback.
6. Massing - Corner lots - require front door to be on the "predominant front" side and articulation on both street facing facades.
7. Massing: Exclude basements and detached garages at rear of property from allowable FAR calculation to compensate for reduced building area.
8. Building Height, Massing and Privacy - Discourage tall flat-roofed buildings by restricting building height to 26’ for flat-roofed buildings and allowing building height of up to 30’ (current height limit) for sloped-roof buildings.
9. Construction Damage to Adjacent Property - Prepare a code amendment to address construction damage to adjacent property.
10. Construction Notification - In addition to posting construction job sites with “Construction Rules” signage, provide a “courtesy notice” of pending larger single family residential development projects for 50% additions or greater or entire new construction to adjacent property owners.
Discussion of Recommended Code Changes
The following is a list of proposed code amendments, diagrams and potential outcomes related to the Commission recommendations.
Establish Floor Area Ratio (FAR) Maximum
Code Section: Residential Zoning District Development Standards: Section 17.210.020 Table 2-3 (Dwelling Size/Maximum Area): Add FAR Provisions. Section 17.700.010. (Definitions): Define Floor Area Ratio (FAR).
Recommend an FAR of .6 with attached garages included in the FAR calculation and detached garages not included in the FAR calculation.
Outcome: Will reduce gross building area by 500 sq. ft. from 3,500 to 3,000 sq. ft. on a typical 5,000 sq. ft. lot. (See Attachment Nos. 2 and 3)
Increased Building Front, Rear and Side Yard Setbacks
Code Section: Residential Zoning District Development Standards: Section 17.210.020 Table 2-3 (Setbacks: Front, Side and Rear): Increase setbacks.
Recommend increasing side yard setback from 4 feet to 5 feet, rear yard setback from 10 feet to 15 feet and front yard to 25’ or 20’ with a 5’ second story setback.
Outcome: Will result in greater building separation between lots to address privacy and massing concerns to minimize neighborhood impacts. (See Attachment No. 4)
Basements Excluded From FAR Calculation
Code Section: Residential Zoning District Development Standards: Section 17.210.020 Table 2-3 (Footnotes) Add Basement Provision.
Section 17.700.010. (Definitions) Define Basement.
Recommend excluding basements from FAR and creating a definition of a basement and regulations for basement footprint and the maximum amount of basement daylighting for windows.
Outcome: Will provide greater buildable area without increasing above grade building footprint and provides potential zoning incentive for use in conjunction with proposed building size reduction measures.
Regulate Street Side Corner Setbacks
Code Section: Residential Zoning District Development Standards: Section 17.210.020 Table 2-3 (Setbacks): Increase Corner side setbacks.
Recommend requirement for 5 foot step back at the street side corner yard for a second story or increase overall street side corner yard setback from 5 feet to 10 feet in lieu of 5 foot step back.
Outcome: Will result in greater building separation along street side corner yard to address massing concerns. (See Attachment No. 5)
Regulate Building Height Based on Flat Roof / Sloped Roof
Code Section: Residential Zoning District Development Standards: Section 17.210.020 Table 2-3 (Height): Reduced Building Height for Flat Roofs.
Recommend reducing the height for flat roofed buildings to 26 feet. Add definition footnote of sloped roof as equal to or greater than a 3:12 slope. Flat roof defined as less than 3:12 slope.
Outcome: Reduce building height impacts along street frontage and to adjacent properties. (See Attachment No. 6)
Incentivize 10’ Side Yard Combined with Driveways
Code Section: Residential Zoning District Development Standards: Section 17.210.020 Table 2-3 (Footnotes): Add footnote: Detached garages shall not be included in FAR.
Recommend incentivizing use of 10’ side yard for driveways located along a side yard leading to a garage at the rear of a lot by deducting the garage area from allowable FAR.
Outcome: Will increase privacy by providing greater building separation from adjacent properties. (See Attachment No. 7)
The above recommended Zoning Code changes are outlined in strike through/underline format in Attachment No. 1.
In addition to the above noted zoning code amendments staff will be implementing the following policy:
Provide notice of pending large single family developments to abutting property owners.
Define “courtesy notice” as: “Notice provided to abutting property owners of building permit approval of large single family residential development when such development is greater than a 50% increase above the existing structure on a lot or is an entirely new development”.
Environmental Determination
Pursuant to Sections 15162 and 15168 of the California Environmental Quality Act (CEQA), the Zoning Code Amendment (ZCA P2011100) is within the scope of the Culver City General Plan Update Program EIR approved on September 24, 1996 (PEIR), the circumstances under which PEIR was prepared have not significantly changed and no new significant information has been found that would impact the PEIR. Therefore no new environmental analysis is required.
CONCLUSION:
From July 8th through September 16th the Planning Commission conducted three Study Sessions totaling approximately 9 hours and included public comments from approximately 20-25 speakers at each study session and approximately 100 written comments; and reviewed in depth 25 recommendations related to regulating oversized single family development in established neighborhoods. The areas of concern included privacy, building massing, building height, building size and the construction process. The Commission recommendations were intended to balance the right of property owners to improve and develop their properties to meet family needs and personal preferences while protecting the character of established neighborhoods and limiting the impacts of new development on adjacent properties.
MOTION:
That the Planning Commission:
Adopt the attached resolution recommending to the City Council approval of the draft text amendment regarding large single family development.
ATTACHMENTS:
1. Resolution No. P-2015005 and Exhibit A - Draft Zoning Code Text Amendments
2. Building Size Comparison Table
3. Floor Area Ratio (FAR) Maximum
4. Building Front, Rear and Side Yard Setbacks
5. Street Side Corner Setbacks
6. Building Height for Flat and Sloped Roofs
7. 10’ Side Yard Combined with Driveways
8. Public Comments and Correspondence