City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt the proposed Ordinance (Attachment No.
1) amending Title 17, Zoning (the “Zoning Code”), of the Culver City Municipal Code
(CCMC) Section 17.400.100 – Residential Uses – Accessory Residential Structures
and Section 17.610.020 – Nonconforming Structures (Zoning Code Amendment
ZCA P-2011100).
BACKGROUND / DISCUSSION:
At its meeting of January 25, 2012, the Planning Commission recommended to the
City Council approval of the proposed Ordinance including ZCA P-2011100,
amending certain Zoning Code provisions affecting residential accessory structures
and nonconforming structures as outlined in Exhibit A to the proposed Ordinance.
At the City Council meeting of March 11, 2013, the City Council unanimously
approved for introduction the proposed Ordinance approving Zoning Code
Amendment ZCA P-2011100. During its deliberation on the proposed Ordinance,
the City Council agreed that the use of the term nonconforming should be clarified to
reflect the reference to “legal” nonconforming structures. After further review of the
entire Chapter 17.610, Nonconforming Uses, Structures, and Parcels, by staff and
the City Attorney’s Office, it is suggested that such clarification is not necessary.
The intent is clearly stated in the existing language of Section 17.610.005, Purpose:
Meeting Date: 03/26/13 Item Number: C-4
CITY COUNCIL AGENDA ITEM: Adoption of an Ordinance Amending Title 17,
Zoning, of the Culver City Municipal Code, Section 17.400.100 – Residential Uses –
Accessory Residential Structures and Section 17.610.020 – Nonconforming
Structures (Zoning Code Amendment ZCA P-2011100).
Contact Person/Dept.:
Thomas Gorham
Phone Number:
310-253-5727
Fiscal Impact: Yes [X] No [] Fiscal Impact: Yes
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [X] No [] Date: 01/25/12
Planning Commission
Public Notification: (Email) Meetings and Agendas – City Council (03/19/13)
Department Approval:
Sol Blumenfeld: (03/12/13)
City Attorney Approval:
Carol Schwab (by H. Baker) (03/19/13)
Chief Financial Officer Approval:
Jeff Muir (03/19/13)
City Manager Approval:
John M. Nachbar (03/19/13) City of Culver City, California
Agenda Item Report
“This Chapter establishes regulations for legal nonconforming land uses,
structures, and parcels.” (Emphasis added.) In addition, the definitions of
Nonconforming Structure and Nonconforming Use, as set forth in Section
17.700.010 of the Zoning Code, make the intent clear:
Nonconforming Structure. A structure that was legally constructed
and which does not conform to current code provisions/standards
prescribed for the zoning district in which the structure is located.
(Emphasis added.)
Nonconforming Use. A use of a structure (either conforming or
nonconforming) or land that was legally established and maintained
prior to the adoption of this Title, and which does not conform to
current code provisions governing allowable land uses for the zoning
district in which the use is located. (Emphasis added.)
Staff also reviewed the sections of other cities’ municipal codes regarding
nonconforming uses and structures, including the cities of Beverly Hills, West
Hollywood, Los Angeles, El Segundo, Manhattan Beach, Hermosa Beach and Santa
Monica. None of these cities use the term “legal” in the title of their chapters
pertaining to nonconforming uses and structures. In fact, most of these cities’
provisions are similar to the CCMC in that the term “legally established” appears in
the “purpose” section and/or other parts of the regulations, and many of these cities
use the same definition for nonconforming use and nonconforming structure set forth
in the CCMC.
Therefore, staff recommends the City Council adopt the ordinance as originally
introduced.
ATTACHMENTS:
Proposed Ordinance, including Exhibit A – Proposed Text Changes
MOTION:
That the City Council:
Adopt the proposed Ordinance (Attachment No. 1) amending Title 17, Zoning
(the “Zoning Code”), of the Culver City Municipal Code (CCMC) Section
17.400.100 – Residential Uses – Accessory Residential Structures and Section
17.610.020 – Nonconforming Structures (Zoning Code Amendment ZCA P-
2011100).
MEETING DATE: 03.26.13
AGENDA ITEM: Adoption of an Ordinance Amending Title 17, Zoning, of the
Culver City Municipal Code, Section 17.400.100 –
Residential Uses – Accessory Residential Structures and
Section 17.610.020 – Nonconforming Structures (Zoning
Code Amendment ZCA P-2011100)
ATTACHMENTS
Pages
1. Proposed Ordinance, including Exhibit A –
Proposed Text Changes 1 - 8 24
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ORDINANCE NO. 2013-
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AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA, AMENDING
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TITLE 17, ZONING, OF THE CULVER CITY MUNICIPAL CODE (CCMC),
SECTION 17.400.100 — RESIDENTIAL USES — ACCESSORY RESIDENTIAL
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STRUCTURES AND SECTION 17.610.020 — NONCONFORMING
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STRUCTURES AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO.
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(Zoning Code Amendment P-2011100)
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WHERES, on October 12, 2011 and December 14, 2011 the Planning
Commission conducted study sessions regarding staff recommendations to amend the
Zoning Code related to accessory residential structures and nonconforming structures to
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address issues related to impacts on adjacent properties from additions to nonconforming
structures and additions to existing accessory residential structures and construction of new
residential accessory structures; and
16 WHEREAS, on January 25, 2012, after conducting a duly noticed public hearing
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on City-initiated Zoning Code Amendment, ZCA P-2011100 regarding accessory residential
structures and nonconforming structures, including full consideration of all reports, studies,
testimony, and environmental information presented, the Planning Commission, adopted
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Resolution No. 2011-P006 recommending to the City Council approval of Zoning Code
22 Amendment, ZCA P-2011100; and
23 WHEREAS, on March 11, 2013, after conducting a duly noticed public hearing
on Zoning Code Amendment, ZCA P-2011100, including full consideration of all reports,
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studies, testimony, and environmental information presented, the City Council, by a vote of 5
27 to 0, introduced, for first reading, the Ordinance approving Zoning Code Amendment, ZCA P-
28 2011100, as set forth herein below; and
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WHEREAS, on March 11, 2013, the City Council, by a vote of to
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adopted the Ordinance as set forth herein below.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER CITY,
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CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
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SECTION 1. Pursuant to the foregoing recitations and the provisions of the
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Culver City Municipal Code (CCMC), Title 17, Section 17.620.030, the following findings for a
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Zoning Code (Text) Amendment are hereby made:
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1. The proposed amendment ensures and maintains internal consistency with the
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goals, policies and strategies of all elements of the General Plan and will not
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create any inconsistencies with this Title, in the case of a Zoning Code
Amendment.
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ZCA P-2011100 ensures and maintains internal consistency with the goals, policies,
and strategies of the General Plan and will not create any inconsistencies with the
Zoning Code. The amendments to Zoning Code Section 17.400.100 regarding
accessory residential structures and Zoning Code Section 17.610.020 regarding
nonconforming structures are consistent with the General Plan goals of providing a
variety of dwelling types while maintaining the character of the City's residential
neighborhoods by providing opportunities for modest additions to accessory
residential structures and construction of new small accessory residential structures
that are incidental and subordinate to the primary dwelling unit and is consistent with
the Zoning Code's height and setback provisions.
2. The proposed amendment would not be detrimental to the public interest,
health, safety, convenience or welfare of the City.
ZCA P-2011100 is not detrimental to the public interest, health, safety, convenience
and welfare of the City. The amendments to Zoning Code Section 17.400.100
regarding accessory residential structures will reduce the overall size of accessory
residential structures and their potential impacts to adjacent properties and reduce
the possibility that these structures can be used as separate residential units, while
still providing opportunities for modest additions to accessory residential structures
and construction of new small accessory residential structures that are incidental and
subordinate to the primary dwelling unit. The amendments to Zoning Code Section
17.610.020 regarding nonconforming structures will enable property owners to
maintain existing nonconforming conditions, but will eliminate the current allowance to
expand nonconforming setbacks. This will be accomplished by prohibiting
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nonconforming setbacks to be extended and requiring all new construction to a
nonconforming structure to meet applicable setback and height requirements in
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conformance with the current CCMC.
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3. The proposed amendment is in compliance with the provisions of the California
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Environmental Quality Act (CEQA).
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Pursuant to Sections 15162 and 15168 of the CEQA Guidelines, ZCA P-201170 is
within the scope of the Culver City General Plan Update Program EIR approved on
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September 24, 1996 (PEIR), the circumstances under which the PEIR was prepared
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have not significantly changed and no new significant information has been found that
would impact the PEIR. Therefore, no new environmental analysis is required.
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SECTION 2. Pursuant to the foregoing recitations and findings, the City
Council of the City of Culver City, California, hereby introduces, for first reading, the
Ordinance approving Zoning Code Amendment, ZCA P-2011100, as set forth in Exhibit "A"
13 attached hereto and incorporated herein by reference.
SECTION 3. Pursuant to Section 619 of the City Charter, this Ordinance shall
take effect thirty (30) days after the date of its adoption. Pursuant to Sections 616 and 621
of the City Charter, prior to the expiration of fifteen (15) days after the adoption, the City
18 Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City
News and shall post this Ordinance or a summary thereof in at least three places within the
City.
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Page 3 ATTEST:
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19 MARTIN R. COLE, City Clerk
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SECTION 4. The City Council hereby declares that, if any provision, section,
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subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
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invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason
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of any preemptive legislation, then the City Council would have independently adopted the
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remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this
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ordinance and as such they shall remain in full force and effect.
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APPROVED and ADOPTED this
day of
, 2013.
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Andrew Weissman, MAYOR
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City of Culver City, California
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Page 4 EXHIBIT A
Zoning Code Amendment ZCA P-2011100
Ordinance No. 2013-_____
17.400.100 - Residential Uses - Accessory Residential Structures
This Section provides standards for accessory structures allowed in residential zoning districts in
compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards):
A. General Requirements for Residential Accessory Structures in Residential Zoning Districts.
1. Relationship of accessory use to the main use. Accessory uses and structures shall be
incidental to and not alter the residential character of the site.
2. Allowable heights. The maximum allowable heights of residential accessory structures are
specified in Table 4-4 (Maximum Heights for Residential Accessory Structures in Residential
Zoning Districts), below.
Table 4-4
Maximum Heights for Residential Accessory Structures in Residential Zoning Districts
Applicable Zoning District
Maximum Height
Single-Family Residential (R1), Two-Family Residential (R2) and Three-Family
Residential (R3) zoning districts.
2 stories and 26 ft
Low density Multiple-Residential (RLD), Medium Density Multiple-Residential (RMD)
and High Density Multiple-Residential (RHD) zoning districts.
2 stories and 30 ft
3. Allowable setbacks.
a. The accessory structure shall have a setback of at least 2 feet from every perimeter
property line, except that the setback shall be the same as required for the primary
dwelling in the zoning district in which the accessory structure is located whenever the
accessory structure:
i Exceeds 12 feet in height; or
ii. Is within a setback facing a public street right-of-way.
b. If the accessory structure is a carport or garage, it shall be set back from a public street
right-of-way as necessary to conform with the requirements of Subsection 17.320.035.N.
(Special Parking Requirements for Residential Uses).
c. Exceptions. The following structures are exempt from the accessory structure setback
requirements:
i. Movable structures not exceeding 12 feet in height including children’s play
equipment, pet shelters, and similar structures may be placed within a required
side or rear setback without limitation on location.
ii. Trash enclosures may be placed within a required rear or side setback without
limitation on location.
page 5EXHIBIT A
Zoning Code Amendment ZCA P-2011100
Ordinance No. 2013-_____
d. Second story additions to existing accessory structures will not be permitted unless: 1)
the existing accessory structure is a garage; and 2) the second story satisfies the same
setback requirements that would be applicable to a primary dwelling in the applicable
zoning district. See Figure 4-10
4. Site coverage. Roofed accessory structures shall not occupy more than 50% of the required rear
or side setbacks, provided that the Director may approve additional coverage where a replacement
open area equivalent to the additional coverage over 50% is substituted elsewhere on the site,
provided that:
a. The Director determines that the usability and location of the substitute area is equally
satisfactory.
b. The substitute area does not exceed a slope of 10%, and has no dimension less than 15
feet.
5. Allowable Floor Area. The cumulative floor area for all accessory structures on a lot in a
residential zone shall not exceed 800 square feet. The floor area of garages shall be included in
such calculation; however, the floor area of other non-habitable accessory structures (including
carports) shall not. See Figure 4-10
6. Additional Standards. The following additional standards shall apply to accessory structures:
a. No more than one ¾ bathroom shall be permitted in any accessory structure.
b. Wet bars are prohibited in accessory structures.
c. Kitchens are prohibited in accessory structures.
d. Only a sink and drain (wash basin) are permitted in garages.
page 6EXHIBIT A
Zoning Code Amendment ZCA P-2011100
Ordinance No. 2013-_____
Figure 4-10
page 7EXHIBIT A
Zoning Code Amendment ZCA P-2011100
Ordinance No. 2013-_____
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17.610.020 - Nonconforming Structures
A. Alterations or Additions. The construction, enlargement, expansion, extension, or reconstruction
of a nonconforming structure shall be subject to the following:
1. Increase in area. The work shall be allowed if it results in an increase or enlargement of the
area, space, or volume of the structure only if the structure is nonconforming with respect to
setbacks, height, distance between structures, architectural projections, staircase and landing
area encroachments, and the requirements of the Uniform Building Code are met. New
additions, replacement structures or alterations shall not increase existing nonconformities (e.g.,
the construction may comply with the existing nonconforming setbacks but shall not propose
any further encroachment in the required setbacks) meet the setback and height requirements of
the zoning district in which the nonconforming structure is located.
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