March 19, 2001
The Honorable Board of Supervisors
County of Los Angeles
383 Kenneth Hahn Hall of Administration
500 West Temple Street
Los Angeles, California 90012
Dear Supervisors:
HEARING ON AMENDMENTS TO COUNTY CODE TITLE 22 (PLANNING AND ZONING) REVISING STANDARDS WITHIN THE ALTADENA COMMUNITY STANDARDS DISTRICT
(SUPERVISORIAL DISTRICT 5) (3-VOTES)
IT IS RECOMMENDED THAT YOUR BOARD AFTER THE PUBLIC HEARING:
1. Approve the recommendation of the Regional Planning Commission to revise the “large residence” standards of the Altadena Community Standards District (CSD), re-establishing allowances for one-story accessory garages and other one story minor accessory structures in required rear and/or side yard setbacks in certain circumstances, and for shorter rear yard setback requirements on uniquely short lots.
2. Consider the attached Negative Declaration together with any comments received during the public review process, find on the basis of the entire record before the Board that there is no substantial evidence the project will have a significant effect on the environment, find that the Negative Declaration reflects the independent judgment and analysis of the Board, and adopt the Negative Declaration.
3. Find that the adoption of the proposed ordinance is de minimus in its effect on fish and wildlife resources; and authorize the Director of Regional Planning to complete and file a Certificate of Fee Exemption for the project.
4. Adopt the attached ordinance, previously approved as to form by County Counsel, to amend Title 22 of the Los Angeles County Code as recommended by the Regional Planning Commission.
PURPOSE OF RECOMMENDED ACTION
The proposed ordinance amendments are in response to a Board motion instructing the Regional Planning Commission to consider revisions to the existing Altadena CSD “large residence” provisions.
JUSTIFICATION
Currently, the Altadena CSD large residence provisions preempt prior allowances for one story accessory garages and other one story minor accessory structures in required rear and/or side yard setbacks under certain circumstances, and for shorter than normal required rear yard setbacks for uniquely short lots. The residents of Altadena have expressed that the preemption of these allowances has constituted an unnecessary hardship for them, and they have requested that the previous allowances be re-established. The proposed ordinance would do that.
FISCAL IMPACT
Implementation of the proposed amendments should not result in any new significant costs to the County or to the Department of Regional Planning.
FINANCING
No substantial increase in costs will result from the proposed amendments, and no request for financing is being made at this time.
FACTS AND PROVISIONS/LEGAL REQUIREMENTS
When the Altadena CSD “large residence” provisions were adopted in 1998, they required larger rear yards and side yards on residential lots Additionally, the ordinance preempted numerous “special case” exemptions relating to front, rear, and side yard setbacks that would have made compliance with the setback requirements easier in certain circumstances. The purpose of the ordinance was to require a limited building envelope for new large residences so as to protect the light, air, and openness of existing smaller homes on adjacent lots.
While the community’s residents have stated that the ordinance has contributed to the aesthetics and land use compatibility of the community, they have expressed concern over three of the allowance preemptions that they feel have created needless hardship. These previous allowances which were preempted by the CSD were the allowance for a one-story accessory garage within the required rear and/or side yard setbacks under certain circumstances if less than 50 percent of the required rear yard setback is covered by structures; for other one story minor accessory structures in required rear yard setbacks if less than 50 percent of the required rear yard is covered by structures; and for shorter than normal rear yard setback requirements for uniquely short lots. While the preemption of the accessory use allowances has prevented numerous residents from replacing substandard garages with new garages, the preemption of the allowance for short rear yard setbacks may render some lots virtually unbuildable. The proposed ordinance amendments would re-establish these three allowances only, which would have minimal aesthetic and land use compatibility impacts on adjacent properties.
The Regional Planning Commission conducted a public hearing on the proposed ordinance on October 25, 2000. The three testifiers from the Altadena Town Council supported the re-establishment of the cited allowances, while stating their appreciation for “large residence” provisions as a whole. No one testified in opposition. After some discussion, the Commission approved the proposed amendments unanimously on the same date.
The attached ordinance contains these proposed revisions and has been approved as to form by County Counsel.
A public hearing is required pursuant to Section 22.16.200 of the County Code and Section 65856 of the Government Code. Required notice must be given pursuant to the requirements set forth in Section 22.60.174 of the County Code. These procedures exceed the minimum standards of Government Code Sections 6061, 65090, and 65856 relating to notice of public hearing.
IMPACT ON CURRENT SERVICES (OR PROJECTS)
Approval of the ordinance is not expected to have an impact on current services.
NEGATIVE DECLARATION/ENVIRONMENTAL IMPACTS
The ordinance constitutes a regulatory action that will not have a significant adverse effect on the environment. Re-establishment of the cited allowances for residential lots will not impact aesthetics or land use compatibility within the Altadena community, as they would only relate to minor one-story structures which will not impact the light, air, or openness of adjacent residences.
The attached Initial Study shows that there is no substantial evidence, in light of the whole record before your Board, that the adoption of the proposed ordinance may have a significant effect on the environment. Therefore, in accordance with Section 15070 of the State CEQA Guidelines, a Negative Declaration was prepared. Based upon the attached Negative Declaration, adoption of the proposed ordinance will not have a significant effect on the environment.
A copy of the proposed Negative Declaration has been transmitted to 80 public libraries for public review. Public notice was published in three newspaper of general circulation serving the unincorporated community of Altadena, not later than September 25, 2000, pursuant to Public Resources Code Section 21092. No comments on the proposed Negative Declaration were received during the public review period.
Based upon the attached Negative Declaration, adoption of the proposed ordinance will not have a significant effect on the environment.
Respectfully submitted,
DEPARTMENT OF REGIONAL PLANNING
James E. Hartl, AICP
Director of Planning
JEH:LS:LE
Attachments:
1. Project Summary
2. Resolution of the Regional Planning Commission
3. Summary of RPC Proceedings
4. Recommended Ordinance for Board Adoption
5. Negative Declaration
6. Board Motion
7. Board Notice of Public Hearing
8. Notification List
C: Chief Administrative Officer
County Counsel
Executive Officer, Board of Supervisors
Auditor-Controller
DEPARTMENT OF REGIONAL PLANNING
PROJECT SUMMARY
PROJECT IDENTIFICATION: Proposed amendments to the “large residence” provisions of the Altadena Community Standards District (CSD) of Title 22 (Planning and Zoning Ordinance).
REQUEST: Approve the proposed amendments to Title 22.
LOCATION: Unincorporated community of Altadena.
STAFF CONTACT PERSON: Mr. Stark or Mr. Erlanger at (213) 974-6467.
RPC HEARING DATE: October 25, 2000
MEMBERS VOTING AYE: Campbell, Pederson, Valadez, Helsley, and Vargo.
KEY ISSUES: The amendments would re-establish allowances for one-story accessory garages and other minor accessory structures within required rear and/or side yard setbacks, and would re-establish allowances for smaller than normal rear yard setback requirements for uniquely short lots.
MAJOR POINTS FOR: Would allow one-story accessory garages and other minor one-story accessory structures in rear yards. These structures would have minimal impacts on light and air of adjacent properties that the “large residence” provisions were established to mitigate.
MAJOR POINTS AGAINST: None.
RESOLUTION
REGIONAL PLANNING COMMISSION
COUNTY OF LOS ANGELES
WHEREAS, the Regional Planning Commission of the County of Los Angeles has conducted a public hearing on October 25, 2000 to consider amendments to Title 22 (Zoning Ordinance) of the Los Angeles County Code relating to rear and side yard setback provisions of the Altadena Community Standards District (CSD); and
WHEREAS, the Commission finds as follows:
1. In 1999, the Los Angeles County Board of Supervisors established Zoning Code provisions to insure compatibility of new large residences with existing neighborhoods in the unincorporated community of Altadena as part of the Altadena CSD.
2. The new CSD provisions deleted County Code allowances for shorter than normal rear yards on uniquely short lots, for the placement of garages within the required rear and/or side yard setbacks in certain circumstances, and for the placement of other minor accessory structures within the required rear yard in certain circumstances. The new CSD provisions also established requirements for longer rear yards, and for wider side yards in certain circumstances.
3. These more restrictive standards were intended to protect existing residences from the obstructions of adequate light and air presented by newly constructed large residences on adjacent lots.
4. Since adoption of the Altadena CSD large residence development standards, numerous residents have stated that the deletion of the three cited land use allowances has created hardships for community residents.
5. The current rear yard setback requirement is too restrictive in its application to one story non-habitable accessory structures--in effect preventing the construction of appropriate accessory garages and other minor accessory structures on residential lots.
6. Additionally, the CSD’s deletion of the shorter rear yard setback requirement for short lots may preclude reasonable development of these lots entirely.
7. Existing standards inappropriately restrict accessory structures even though these structures are almost always one-story garages and sheds that will not have a negative impact on the light and air of adjoining properties.
8. The Altadena Town Council, with supportive input from Altadena residents, has urged a return to the previous County regulations which would 1) allow accessory garage structures in the required rear and side yard setback areas--providing that such structures do not cover more than fifty percent of the required rear yard setback; 2) allow other minor accessory structures such as sheds in the required rear yard setback area under the same restrictions; and 3) allow a shorter rear yard requirement for very short lots.
9. County staff research has confirmed that the proposed modifications will allow for appropriate use of residential properties without compromising the intent of the new large residence development standards in the Altadena CSD.
10. The County is authorized by State law to allow non-habitable and appropriate accessory structures within required rear and side yards.
11. The proposed ordinance amendment is compatible with, and is supportive of policies of the Los Angeles County General Plan to maintain and conserve sound existing development and to preserve sound residential areas.
12. The Regional Planning Commission has considered the attached Negative Declaration together with any comments received during the public review process, finds on the basis of the whole record before the Commission that there is no substantial evidence that the proposed ordinance will have a significant effect on the environment, finds that the Negative Declaration reflects the independent judgment and analysis of the Commission, and adopts the Negative Declaration.
THEREFORE, BE IT RESOLVED THAT the Regional Planning Commission recommends to the Board of Supervisors of the County of Los Angeles as follows:
1. That the Board hold a public hearing to consider the proposed amendment to Title 22 of the Los Angeles County Code (the Zoning Ordinance), modifying required rear and side yard setback and accessory building location standards within the Altadena Community Standards District;
2. That the Board adopt the attached proposed ordinance containing modifications to Title 22 (the Zoning Ordinance), and determine that they are compatible with and supportive of the goals and policies of the Los Angeles County General Plan;
3. That the Board certify completion of, and approve, the Negative Declaration relating to the proposed ordinance amendments, which will have no significant effect on the environment, as indicated in the attached declaration.
I hereby certify that the foregoing resolution was adopted by the Regional Planning Commission of the County of Los Angeles on October 25, 2000.
_____________________________
Rosie Ruiz, Secretary
Regional Planning Commission
County of Los Angeles
PROCEEDINGS OF THE REGIONAL PLANNING COMMISSION
AMENDMENTS TO THE ALTADENA COMMUNITY STANDARDS DISTRICT (CSD) “LARGE RESIDENCE” PROVISIONS
OCTOBER 25, 2000
Staff presented suggested amendments to the Altadena CSD “large residence” provisions, noting that the Board requested the ordinance amendments. Staff referred to the prior adoption of the CSD large residence ordinance in 1998, and stated that the ordinance required larger rear and side yard setbacks, as well as eliminated many “special case” allowances for construction on residential lots. The residents of Altadena support these new restrictions, believing they contribute to aesthetics and land use compatibility by ensuring adequate light and air for small homes when very large homes are constructed on adjacent lots. However, residents do object to three of the new restrictions which deleted allowances for detached accessory garages within required rear and side yard setbacks under certain circumstances if less than 50 percent of the required rear yard is covered by structures; for other small accessory structures within the required rear yard setback if less than 50 percent of the required rear yard is covered by structures; and for shorter than normal required rear yard setbacks on uniquely short lots.
After the staff presentation, the Commission heard three testifiers from the Altadena Town Council and the Town Council Land Use Committee in support of the amendments. The testifiers voiced their support for re-establishment of the accessory structure allowances. Deletion of these allowances has prevented the demolition of old substandard garages and the construction of new replacement garages by effectively prohibiting the construction of detached garages in the rear yard at all, or by effectively requiring that the detached garage be constructed in the middle of the rear yard. Because these structures are one-story, they would not violate the spirit of the large residence provisions. The testifiers reiterated that they support the large residence provisions as a whole and that the community’s concerns were limited to reestablishing the cited three allowances.
After some further discussion, the Commission recommended approval of the amendments by a vote of 5-0.
ANALYSIS
This ordinance amends Title 22 (Planning and Zoning) of the Los Angeles County Code to revise standards in the Altadena Community Standards District to re-establish allowances for shorter rear-yard setback requirements on uniquely short lots and for one-story accessory garages and other one-story minor accessory structures in required rear- or side-yard setbacks in certain circumstances. The ordinance provides that the rear-yard requirements of Section 22.48.110 and the rear- and side-yard requirements of subsections B and C of Section 22.48.140 shall be applicable to properties in the Altadena Community Standards District.
LLOYD W. PELLMAN
County CounselBy:
JUDITH A. FRIES
Principal Deputy County Counsel
Public Works DivisionJAF:cz
02-02-01
ORDINANCE NO.
An ordinance amending Title 22 - Planning and Zoning of the Los Angeles County Code, revising standards in the Altadena Community Standards District relating to rear and side yard requirements.
The Board of Supervisors of the County of Los Angeles ordains as follows:
SECTION 1. Subsection D.1.d of Section 22.44.127 is amended to read as follows:
22.44.127 Altadena Community Standards District.
. . .
D. Zone-specific Development Standards.
1. Zone R-1.
. . .
d. Except as provided below, all sections of Part 2 of Chapter 22.48 relating to yards shall remain applicable. The provisions of this Community Standards District shall supersede the provisions of Part 2 of Chapter 22.48 as follows:
i. The flag lot yard provisions of Section 22.48.050 are hereby modified and not applicable to yards of 7,500 square feet or greater;
ii. The front yard provisions of Sections 22.48.060, 22.48.070, and 22.48.080, are hereby modified by the provisions ofSection 22.4.127 D1aiisubsection D.1.a.iii;
iii. The side yard provisions of Sections 22.48.090 and 22.48.100 are hereby modified by the provisions ofSection 22.44.127 D1aiiisubsection D.1.a.iii;
iv.The rear yard provisions of Section 22.48.110 and tThe accessory building provisions of subsections A and D of Section 22.48.140are hereby modified by the provisions of Section 22.44.127 D1aishall not be applicable; and
v. The yard modification provisions of Section 22.48.180 shall not be applicable.
[2244127JFCOC]
COUNTY OF LOS ANGELES
DEPARTMENT OF REGIONAL PLANNING
320 WEST TEMPLE STREET
LOS ANGELES, CALIFORNIA 90012
NEGATIVE DECLARATION
PROJECT NUMBER: Ordinance Amendment: Revisions to the “large residence” provisions of the Altadena Community Standards District (CSD)
1. DESCRIPTION: The ordinance amendment will re-establish the provisions of Sections 22.48.110 and 22.48.140.B and C, allowing a reduced rear yard on shallow lots and allowing accessory garages and sheds within the required rear yard if less than 50 percent of the required rear yard is covered with structures.
2. LOCATION: This ordinance amendment is a revision to the Altadena CSD, which is applicable only to the unincorporated community of Altadena.
3. PROPONENT: Residents of the unincorporated community of Altadena.
4. FINDINGS OF NO SIGNIFICANT EFFECT:
BASED ON THE ATTACHED INITIAL STUDY, IT HAS BEEN DETERMINED THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT.
5. LOCATION AND CUSTODIAN OF RECORD OF PROCEEDINGS:
THE LOCATION AND CUSTODIAN OF THE RECORD OF PROCEDINGS ON WHICH ADOPTION OF THIS NEGATIVE DECLARATION IS BASED IS: DEPARTMENT OF REGIONAL PLANNING, 320 WEST TEMPLE STREET, LOS ANGELES, CA 90012
PREPARED BY: Leonard Erlanger
DATE: September 7, 2000