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3A Public Hearing 2012 0221
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3A Public Hearing 2012 0221
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3/1/2012 3:27:13 PM
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2/15/2012 5:44:06 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/21/2012
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_CC Agenda 2012 0221 CD+RG
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\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0221
10A Action 2012 0305
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Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0305
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File Number: 12 -033 <br />building setbacks. Unlike a Conditional Use Permit, the Administrative Exception does not <br />involve a public hearing and can be processed in a more rapid time frame. The process would <br />include noticing to the adjacent neighbors, rather than to those residents living in a 300 -foot <br />radius. <br />The findings for the Administrative Exception are similar to those findings that must be made <br />for a Conditional Use Permit and include "a determination that such exception would not be <br />detrimental to public health, safety or welfare and would not cause undue damage, hardship, <br />nuisance or other detriment to persons or property in the vicinity." <br />Staff believes that the Administrative Exception process is more suited to residential -based <br />Large Family Day Care proposals while continuing to regulate the impacts that may be <br />associated with such a use. In order to accommodate the process for an Administrative <br />Exception, Zoning Code Sections 2 -516 Large Family Day Care Homes and 2 -574 <br />Administrative Exceptions should be modified as shown in the proposed Ordinance. <br />Accessory Structures <br />Zoning Code Section 2 -546 governs the allowable location, size and height of a residential <br />accessory structure. Most common forms of accessory structures are detached garages, but <br />can also include workshops, sheds and secondary dwelling units, among others. The existing <br />language in the Code has been difficult to interpret. Existing text under Subsection D, <br />Maximum Height and Subsection E, Minimum Setbacks and Relation to Property Lines <br />provide contradictory guidance. For example, the Setback section provides that structures <br />within the rear twenty- five feet of the lot may be located between zero and three feet from the <br />property line. However, the Height section provides that structures greater than eight feet in <br />height must be located at least five feet from the property line. This contradiction in height and <br />location parameters has led to inconsistent interpretation of the Code and a lack of clarity for <br />staff and homeowners on their residential accessory structure projects. Staff proposes the <br />elimination of the inconsistent text and addition of a table that clearly sets out the allowable <br />range of heights and corresponding setbacks. <br />The proposed Ordinance would delete this confusing narrative; set out the Height and <br />Setback regulations in a table; add new formatting sections in the regulations for Lot Area and <br />Coverage; and add further clarification that the Board of Zoning Adjustments would be the <br />decision - making body for any Conditional Use Permits. <br />Fences in the View Preservation Overlay District <br />In 2009, Section 4 -1682 of Article 16 of the Zoning Code was amended to require that all <br />fences in the Residential Single - Family View Preservation Overlay District RS -VP (i.e. the <br />Bay -O -Vista neighborhood) be constructed of solid materials only up to three feet in height <br />and of glass for the remaining allowable height of up to seven feet. If a fence could not meet <br />this criteria, the Code requires a Fence Modification permit, which involves a public hearing <br />before the Zoning Enforcement Official. This regulation protects existing views in the hills of <br />the Bay -O -Vista neighborhood. <br />Staff observed that, in practice, many side and rear yards in the RS -VP district are not located <br />within significant viewsheds. For example, many homes on the flat sections of Bay -O -Vista in <br />City of San Leandro Page 3 Printed on 211512012 <br />
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