City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council introduce an Ordinance 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).
PROCEDURE:
1. Mayor seeks motion to receive and file affidavit of mailing and positing of
public notice.
2. Mayor seeks motion to declare the public hearing open and calls on staff for a
brief staff report and City Council poses questions to staff as desired. (As the
City is the applicant in this case, the staff report will also serve as the
applicant’s presentation and shall be made after the public hearing has been
opened.)
3. City Council receives comments from the general public.
4. Mayor seeks a motion to close the public hearing after all testimony has been
presented.
5. City Council thoroughly discusses the matter and arrives at its decision.
Meeting Date: 3/11/13 Item Number: PH-2
AGENDA ITEM: Public Hearing – Introduction 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,
Jose Mendivil/CDD
Phone Number: (310) 253-5727
(310) 253-5757
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
Public Notification: Published in the Culver City News on (2/28/13); Meetings and
Agendas – City Council (03/05/13).
Department Approval:
Sol Blumenfeld (02/27/13)
City Attorney Approval
Carol Schwab (by H. Baker) (03/04/13)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (03/04/13)
City Manager Approval:
John Nachbar (03/05/13) City of Culver City, California
City Council Agenda Item Report
BACKGROUND:
The purpose of the proposed City-initiated Zoning Code Amendment (ZCA P-
2011100) to Section 17.400.100 is to reduce the overall size of accessory
residential structures and their potential impacts to adjacent properties and to
reduce the possibility that they can be used as separate residential units, while
still providing opportunities for modest additions to them and to allow for
construction of new, small accessory residential structures that are incidental and
subordinate to the primary dwelling unit. The proposed amendments to CCMC
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 by prohibiting
nonconforming setbacks to be extended and requiring all new construction to a
nonconforming structure to meet the applicable current CCMC requirements
relating to setback and height.
The City Council directed staff to prepare the subject amendments based upon
concerns about a building addition to a legal nonconforming accessory structure.
The building permit for the project was lawfully issued and the project has been
constructed.
Some of the complainant’s concerns were:
• The addition to the accessory structure is oversized for the lot.
• The accessory structure addition serves as a second dwelling unit in an R-1
zoned area that only allows one dwelling unit per lot.
• The neighborhood should have been notified of the building permit issuance.
• The project is out of character for the neighborhood, undermines the right to
privacy, and is not consistent with the Zoning Code.
The current Zoning Code allows:
? Additions to legal non-conforming structures that increase overall non-
conforming conditions which may negatively impact adjacent properties
relative to views, privacy and other concerns.
? Accessory structures that may become future code enforcement problems
as they are easily converted to illegal second dwelling units.
? Accessory structure to be larger than the primary dwelling unit on the lot on
which they are located.
? Additions to residential nonconforming structures and accessory structures
may result in negative impacts to abutting properties since they are often
located more closely to the property lines. City of Culver City, California
City Council Agenda Item Report
On October 12, 2011 the Planning Commission held a Study Session where staff
presented draft recommendations on amending the Zoning Code related to
residential accessory structures and legal nonconforming residential structures.
The Planning Commission considered the staff recommendations and testimony
provided at the meeting and directed staff to finalize the proposed amendments to
Zoning Code Section 17.210.010 – Purpose of Residential Zoning Districts – A
through F.
On December 14, 2011 and January 25, 2012, the Planning Commission conducted
a public hearing on the proposed ZCA P-2011100. The intent of the amendments is
to strike a balance between owners who wish to make additions to their legal
nonconforming structures and accessory residential structures and those who are
most immediately impacted by the property improvements due to view and privacy
issues. The Planning Commission considered the staff recommendations and
testimony provided at the meetings and adopted Resolution No. 2012-P001
(Attachment No. 3) recommending proposed amendments affecting residential
accessory structures and nonconforming structures as outlined in Exhibit A
(Attachment No. 2) and as discussed in detail below.
The purpose of ZCA P-2011100 is to minimize the amount of remodeling and the
size of an existing legal nonconforming property and to properly locate
development of accessory structures.
DISCUSSION
Current Code Provisions
Section 17.610.020 - Nonconforming Structures provides standards for proposed
additions to nonconforming structures and currently states:
“…The construction, enlargement, expansion, extension, or reconstruction of a
nonconforming structure shall be subject to the following:
…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)…”
City of Culver City, California
City Council Agenda Item Report
The legal nonconforming setback line may continue for an addition to a
nonconforming structure provided that the existing nonconforming setback does
not encroach further into required setbacks and that that alterations or additions
shall not increase the height of nonconforming setback nor encroach into any
existing nonconforming setback or distance between buildings.
Zoning Code Section 17.400.100 – Accessory Residential Structures
This Section provides specific development standards for accessory residential
structures that include maximum height and setbacks. This Section currently
states:
“… Accessory uses and structures shall be incidental to and not alter the
residential character of the site… The maximum allowable heights of residential
accessory structures are specified in Table 4-4 (Maximum Heights for Residential
Accessory Structures), below.
Table 4-4
Maximum Heights for Residential Accessory Structures
Applicable Zoning District
Maximum
Height
Single-Family Residential (R1), Two-Family Residential
(R2) and Three-Family Residential (R3) zoning districts.
26 ft
Low density Multiple-Residential (RLD), Medium Density
Multiple-Residential (RMD) and High Density Multiple-
Residential (RHD) zoning districts.
30 ft
…The 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.
…If the 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).
…The following structures are exempt from the accessory structure setback
requirements: City of Culver City, California
City Council Agenda Item Report
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.
…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.”
The sections of the Zoning Code affected by the proposed amendments are
Sections 17.610.020.A.1 – Nonconforming Structures and 17.400.100 –
Residential Uses - Accessory Residential Structures. The proposed text
changes are outlined in strikethrough/underline format in Attachment No. 2.
Planning Commission Recommendations
Amendments to Section 17.610.020.A.1 (Nonconforming Structures)
• Elimination of current allowance to extend nonconforming setbacks for additions.
• Require all new construction to follow current code setback and height standards.
These amendments will still enable owners to maintain their existing nonconforming
conditions, but will eliminate expansion of the nonconforming condition by prohibiting
nonconforming setbacks to be extended and requiring all new construction to meet
the current code setback and height standards.
Amendments to Section 17.400.100 (Residential Uses - Accessory
Residential Structures)
• Limits second story additions to existing residential accessory structures used as
garages, provided the second story addition meets the required primary
setbacks.
• Allows only ¾ baths in residential accessory structures.
• Prohibits wet bars in accessory structures.
• Allow only a sink and drain (wash basin) in garages City of Culver City, California
City Council Agenda Item Report
• Restricts accessory structures to a maximum size of 800 square feet
The provision that second story additions are permitted only to existing accessory
structures used as garages and that second story additions meet the primary
setback requirements, along with the provision of limiting the size of accessory
structures to 800 square feet, will allow a very modest second story addition to an
existing garage and address the concerns of large accessory structures regarding
potential impacts to neighboring properties. In addition, by only limiting this
provision to accessory garage structures it will reduce the impacts of having two
stories of living space close to the abutting side and rear property lines. Attachment
No. 4 provides an illustration of how a second story addition to a typical 400 square
foot garage would layout. The second story addition would have to meet the required
4 foot side and 10 foot rear primary setbacks and would result in an approximate
216 square foot maximum addition to the garage structure. The proposed limitations
provide an adequate amount of floor area for a home office, workout room, extra
bedroom, or recreation room without significantly increasing the size of the
accessory structure.
In addition, the provision to prohibit wet bars in accessory structures and only
allowing a sink and drain (wash basin) in a garage will make it more difficult to install
a kitchen in the accessory structure which would make it a separate unit, as defined
in the Zoning Code.
Although not part of the proposed text amendments, staff will also implement a
process to require applicants who are proposing an addition to provide a courtesy
notice to abutting properties prior to start of construction.
Environmental Determination:
Pursuant to Sections 15162 and 15168 of the California Environmental Quality Act
(CEQA), the proposed 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 the 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.
Summary:
The intent of the recommend amendments is to strike a balance between owners
who wish to make additions to their legal nonconforming structures and residential
accessory structures and those who are most immediately impacted by the property
improvements due to view and privacy issues. These amendments will reduce the City of Culver City, California
City Council Agenda Item Report
overall size of residential accessory structures and reduce the possibility that they
can be used as a separate residential unit, while still providing opportunities for
modest additions to accessory structures and will require additions to nonconforming
structures to meet all current Zoning Code requirements related to setbacks and
height thereby limiting the potential impacts to adjoining properties.
FISCAL ANALYSIS:
The proposed restrictions will reduce the size and limit the location of additions to
accessory structures and nonconforming structures which may lead to deferred
property maintenance and property improvements potentially devaluing property,
which may have an impact related to property tax revenue. However, the
recommended amendments are intended to strike a balance between owners who
wish to make additions to their legal nonconforming structures and residential
accessory structures and those who are most immediately impacted by the
property improvements due to view and privacy issues. The proposed
amendments will provide opportunities for modest additions to accessory
structures and still allow additions to nonconforming structures so long as they
meet current code standards allowing some flexibility to improve non-conforming
structures and accessory structures. Further, the amendments will make it more
difficult to convert an accessory structure into a separate dwelling unit and
potentially will reduce the number of code enforcement cases related to illegal
units.
ATTACHMENTS:
1. Proposed Ordinance
2. Exhibit A – Proposed Text Changes in “strikethrough/underline” format
3. Planning Commission Resolution No. 2011-P006
4. Example site plan
MOTIONS:
That the City Council:
Introduce 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).
MEETING DATE: 03.11.13
AGENDA ITEM: Public Hearing – Introduction of an Ordinance Amending
Title 17 of the Culver City Municipal Code: Zoning Code
Amendment, ZCA P-2011100: Consideration of Zoning Code
Text Amendments Affecting Accessory Residential
Structures and Nonconforming Structures.
ATTACHMENTS
Pages
1. Ordinance No.____ 1 - 4
2. Exhibit A – Proposed Text Changes in
“strikethrough/underline” format 5 - 7
3. Planning Commission Resolution No. 2011-P006 8 - 10
4. Example site plan 11
ATTACHMENT 1
1 ATTACHMENT 1
2 ATTACHMENT 1
3 ATTACHMENT 1
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.
ATTACHMENT 2
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.
ATTACHMENT 2
6EXHIBIT A
Zoning Code Amendment ZCA P-2011100
Ordinance No. 2013-_____
Figure 4-10
____________________________________________________
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.
ATTACHMENT 2
7ATTACHMENT 3
8 ATTACHMENT 3
9 ATTACHMENT 3
10 2’ 2’
8’
2’
20’
DRIVEWAY
TYPICAL 5000 SQ FT. LOT
GARAGE 20’ x 20’ = 400 SQ FT.|1010|ND
STORY
ADDITION
ACCESSORY STRUCTURE
800 SQ FT. MAX
SFD
100’
4’
10’
50’
20’
20’
ATTACHMENT 4
11