AGENDA
ITEM
12 AGENDA
CALEXICO California ITEM
CALITORNIA AND MEXICO MEET
12 CITY COUNCIL
AGENDA STAFF REPORT
DATE: October 18, 2023
TO: City Council
APPROVED BY: Esperanza Colio Waren, City ManagerCinna GaleNam PREPARED BY: Francisco Barba, Contract Planner
REVIEWED BY: Jeorge Galvan, AICP, Principal Planner
SUBJECT: Introduction and First Reading by Title Only of an Ordinance Adopting a Zone Text Amendment to Section 17.03.140 of the Zoning Ordinance to Allow Carports within the Established Front Yard Setback of Residential Zones
BACKGROUND:
Residents have increasingly expressed the desire to build carports to provide additional shading for their parked vehicles. Carports are allowed in residential zones, but they must comply with setback requirements. Section 17.03.140 of the City of Calexico Zoning Ordinance lists specific setback requirements for the development of accessory structures, carports included. These requirements include conformance with the 25-foot front yard setback of all residential zones within city limits. To facilitate the development of carports in residential zones, the City of Calexico is looking to Amend Section 17.03.140 of the Zoning Ordinance to allow carports open on at least three sides within the front yard setbacks.
The proposed text amendment was presented to the Planning Commission during a public hearing held on September 25, 2023, where after reviewing all comments and information for and against the proposed amendment, the Planning Commission voted to recommend approval of the text amendment to the City Council.
The purpose of this item is to present the proposed text amendment to the City Council so that they may conduct a first reading by title only.
City of Calexico City Council Meeting
Chapter 17.03 Text Amendment First Reading by Title Only - October 18, 2023 Page 1 of 4 RECOMMENDATION:
Conduct a public hearing to introduce the proposed text amendment and conduct a first reading, by title only, on whether to consider adoption of the proposed text amendment during the next regularly scheduled City Council meeting.
DISCUSSION AND ANALYSIS:
The purpose of a Zoning Ordinance is to provide local governments with the power to establish local regulations that control the use and development of land. These ordinances group buildings together into zoning districts to separate incompatible uses and promote cohesive city planning.
The Ordinances also regulate the development of structures with regards to building heights, setbacks, etc. to ensure compatibility with surrounding uses and to the goals and objectives of the zoning district. Localities are granted this authority by the State of California through the State Constitution, Sections 65800 and subsequent sections of the California Government Code, the California Environmental Quality Act, the Housing Act, the Health and Safety Code, and case law of the courts of California and the Supreme Court as they may all be modified from time to time.
Based on the authority vested in the City of Calexico by the State of California, the most recent iteration of the City of Calexico Zoning Ordinance was adopted with the purpose of promoting and protecting the public health, safety, and welfare of the people of the city, to safeguard and enhance the appearance and quality of development of the city, and to provide for the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources.
Existing Requirements. Per Section 17.03.140 of the City of Calexico Zoning Ordinance, accessory structures within residential zones are subject to the following standards:
A. Accessory Buildings and Structures. Accessory buildings and structures, attached or detached, used either wholly or in part for living purposes, shall meet all of the requirements for location of the main structure, except as provided in this section:
1. Accessory buildings or structures that are attached to the main building shall be allowed to encroach into the required rear yard setback up to one-half of the distance.
2. A detached accessory structure shall meet the setback requirements of the main building for the front and street side yard areas.
3. A detached accessory structure may be located within an interior side yard or rear yard; provided, that such structure is located no closer than five feet to an interior side or rear lot line and is at least ten feet from the main structure.
B. Canopies, Patios and Breezeways. Canopies, patios and breezeways attached to the main building or connecting the main building with a detached accessory building, may extend into a required rear or interior side yard provided that portions of such structures extending into the yard:
City of Calexico City Council Meeting
Chapter 17.03 Text Amendment First Reading by Title Only - October 18, 2023 Page 2 of 4
1. Shall not exceed fifteen feet in height or project closer than five feet to an interior side yard or rear lot line.
2. Shall not exceed fifteen feet in height or project closer than five feet to an interior side yard or rear lot line.
C. Other structures, porches, steps, architectural features, such as eaves, awnings, chimneys, balconies, stairways, wing walls or bay windows may project not more than four feet into any required front or rear yard area, nor into any required side yard area more than one- half of said required side yard.
It is important to note that Section 17.03.120(B)(11) does allow carports to encroach within one half of the established setbacks, however, this exception is limited to attached carports and is only for properties converting an existing garage. Properties that wish to construct a carport and are not converting an existing garage are subject to the requirements set forth in Section 17.03.140 listed above.
Proposed Amendment. In order to facilitate the development of carports within the city, the following text amendment to Section 17.03.140 of the Zoning Ordinance is proposed:
D. Carports. Carports attached or detached from the main building shall be allowed to encroach into the required front yard setback and shall maintain a setback of no less than five feet provided that the proposed carport is open on at least three sides and is used or intended to be used as vehicle storage for the occupants of the premises.
As illustrated in Exhibit A above, the City of Calexico has four residential zones within city limits which all have a front yard setback of 25 feet as stated in Section 17.03.120(5) of the Zoning Ordinance. The majority of residential developments within Calexico are constructed directly on the 25-foot front yard setback. This means that most property owners are not allowed to construct a carport on their front yards unless they are converting an existing garage and the carport is attached to the main structure.
The proposed text amendment will add Subsection D which allows both attached and detached carports to be within the front yard setback while maintaining a minimum front yard setback of 5 feet. Additional requirements include having the carport open on at least three sides and be utilized by the property owners for vehicle storage only. The 5-foot setback will ensure that that all proposed carports are located sufficient distance from the public right of way. The additional requirements will ensure that only small carports open on at least three sides are allowed on the front yard setback. Carports with more than one closed side will need to conform to the setback requirements listed on subsection A through C of Section 17.03.140. This requirement for carports to be open on three sides is to ensure the open nature of front yard areas and to minimize the building massing within the front yard area.
ENVIRONMENTAL
CEQA (California Environmental Quality Act) is a statute that requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. A public agency must comply with CEQA when a project "receives some discretionary approval from a government agency which may cause either a direct physical change City of Calexico City Council Meeting
Chapter 17.03 Text Amendment First Reading by Title Only - October 18, 2023 Page 3 of 4 in the environment or a reasonably foreseeable indirect change in the environment." Compliance can be met by determining whether a project is exempt from CEQA or preparing an environmental analysis, typically a negative declaration (ND), mitigated negative declaration (MND) or environmental impact report (EIR).
The proposed text amendment is exempt from CEQA review via Section 15061(b)(3) of the CEQA Guidelines for Implementation which states the following:
"The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." (California Code of Regulations).
As a Municipal Code text amendment, it can be seen with certainty that there is no possibility that the proposed text amendment may result in a significant effect on the environment.
Furthermore, carports are categorically exempt from CEQA via Section 15303, New Construction or Conversion of Small Structures, of the CEQA Guidelines for Implementation. Carports are listed on Subsection 15303(e) as one of the accessory structures covered by this section.
PUBLIC HEARING
A Public Hearing Notice for the proposed project was posted the local newspaper on October 5, 2023, and subsequently posted at City Hall.
FISCAL IMPACT
If the proposed text amendment were approved, the City will potentially see an increase in building permit applications for carports within front yard setbacks. All permit application and review fees will be acquired by the City.
COORDINATED WITH
City Manager's Office
ATTACHMENTS
Attachment A - Residential Zones Map
Attachment B - Text Amendment
Attachment C - Public Hearing Notice
Attachment D - Draft City Council Ordinance
City of Calexico City Council Meeting
Chapter 17.03 Text Amendment First Reading by Title Only - October 18, 2023 Page 4 of 4 Attachment A - Residential Zones Map
JASPER RD
Central Main Canal
MEADOWS RD
COLE ROAD COLE ROAD
All American Canal All American Canal
MPERIAL AVE
BIRCH ST BIRCH ST
All American Canal
New River CESAR CHAVEZ BLVD. JA RODNEY AVE
ANZA ROAD
ANZA ROAD
MEXICO
LEGEND:
RA - Residential Apartment R1 - Residential Single Family E Cily Limits * Railroad RC - Residential Condominium R2 - Residential Multi Family Property Lines The Holt Group, Inc. RESIDENTIAL ZONES Attachment A
ENGINEERING • PLANNING •SURVEYING
CITY OF CALEXICO
(760)337-3883 PROJECT No. 176.017
1601 N. Imperial Ave. El Centro, California 92243
NOT TO SCALE
DATE: 9/8/2023
Attachment B - Draft Text Amendment
DRAFT - ZONING TEXT AMENDMENT
CITY OF CALEXICO ZONING TEXT AMENDMENT - ACCESSORY STRUCTURES • Underline is proposed new language
Strike through is existing language to be deleted
Standard type is existing language to be retained
CHAPTER 17.03 RESIDENTIAL ZONES
Section:
17.03.140 Accessory Structures - R Zones
17.03.140 Accessory Structures - R Zones
A. Accessory Buildings and Structures. Accessory buildings and structures, attached or detached, used either wholly or in part for living purposes, shall meet all of the requirements for location of the main structure, except as provided in this section:
1. Accessory buildings or structures that are attached to the main building shall be allowed to encroach into the required rear yard setback up to one-half of the distance.
2. A detached accessory structure shall meet the setback requirements of the main building for the front and street side yard areas.
3. A detached accessory structure may be located within an interior side yard or rear yard; provided, that such structure is located no closer than five feet to an interior side or rear lot line and is at least ten feet from the main structure.
B. Canopies, Patios and Breezeways. Canopies, patios and breezeways attached to the main building or connecting the main building with a detached accessory building, may extend into a required rear or interior side yard provided that portions of such structures extending into the yard:
1. Shall not exceed fifteen feet in height or project closer than five feet to an interior side yard or rear lot line.
2. Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns. A roof connecting main building and an accessory building shall be open on two sides.
C. Other structures, porches, steps, architectural features, such as eaves, awnings, chimneys, balconies, stairways, wing walls or bay windows may project not more than four feet into any required front or rear yard area, nor into any required side yard area more than one-half of said required side yard
D. Carports. Carports attached or detached from the main building shall be allowed to encroach into the required front yard setback and shall maintain a setback of no less than five feet provided that the proposed carport is open on at least three sides and is used or intended to be used as vehicle storage for the occupants of the premises.
Attachment C- Public Hearing Notice
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF CALEXICO
PROJECT TITLE: CITY OF CALEXICO ORDINANCE
AMENDING SECTION 17.03.140 OF
THE CALEXICO MUNICIPAL CODE
TO ALLOW CARPORTS WITHIN
THE ESTABLISHED FRONT YARD
SETBACK OF RESIDENTIAL
ZONES
alexico Zoning Ordinance requires all accessory structures, includ ing carports, within residential zones to meet the setback require tial zones
resent the draft amendment to the City Council so that they may con luct a first reading by title only and listen to any comments for an against the amendment.
The proposed text amendment is exempt from the California Environmental Quality Act (CEQA) via Section 15061(b)(3) of the CEQA Guidelines.
a) In person
Via email by 5:00 p.m. on Wednesday, October 18, 2023, to [email protected]
'URTHER INFORMATION on this item may be obtained by con acting the City of Calexico Development Services Department, 602 Heber Avenue, Calexico, California 92231(760) 768-2105 or by sending an email request to [email protected]..
Legal 6593
Publish: October 5, 2023
Attachment D - Draft City Council Ordinance
DRAFT - ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALEXICO ADOPTING A ZONING TEXT AMENDMENT TO SECTION 17.03.140 OF THE ZONING
ORDINANCE TO ALLOW CARPORTS WITHIN THE ESTABLISHED FRONT YARD
SETBACK OF RESIDENTIAL ZONES
WHEREAS, Residents have increasingly expressed the desire to build carports to provide additional shading for their parked vehicles; and
WHEREAS, Carports are allowed in residential zones subject to compliance with the setback requirements established on Section 17.03.120 of the Zoning Ordinance; and WHEREAS, the City of Calexico is looking to amend Section 17.03.140 of the Zoning Ordinance to facilitate the development of carports in residential zones; and WHEREAS, the City Council is authorized by Government Code Section 65850 et seq. to adopt an ordinance that regulates the location of buildings and structures; and WHEREAS, the Planning Commission of the City of Calexico conducted a properly noticed public hearing on September 25, 2023, at which time members of the public were afforded an opportunity to comment on the proposed Zoning Ordinance Amendment, the recommendations of staff, and other public testimony; and
WHEREAS, after said public hearing, the Planning Commission recommended that the City Council of the City of Calexico adopt this Ordinance; and WHEREAS, the City Council conducted a properly noticed public hearing on October 18, 2023, at which time members of the public were afforded an opportunity to comment on the first reading of this Ordinance, the recommendations of staff, and other public testimony
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CALEXICO DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.
SECTION 2. Municipal Code Section 17.03.140 is hereby amended. Additions are underlined. "17.03.140 - Accessory Structures - R Zones
A. Accessory Buildings and Structures. Accessory buildings and structures, attached or detached, used either wholly or in part for living purposes, shall meet all of the requirements for location of the main structure, except as provided in this section:
1. Accessory buildings or structures that are attached to the main building shall be allowed to encroach into the required rear yard setback up to one-half of the distance.
2. A detached accessory structure shall meet the setback requirements of the main building for the front and street side yard areas.
3. A detached accessory structure may be located within an interior side yard or rear yard; provided, that such structure is located no closer than five feet to an interior side or rear lot line and is at least ten feet from the main structure.
B. Canopies, Patios and Breezeways. Canopies, patios and breezeways attached to the main building or connecting the main building with a detached accessory building, may extend into a required rear or interior side yard provided that portions of such structures extending into the yard:
1. Shall not exceed fifteen feet in height or project closer than five feet to an interior side yard or rear lot line.
2. Shall be entirely open on at least three sides for patios and canopies except for necessary supporting columns. A roof connecting main building and an accessory building shall be open on two sides.
C. Other structures, porches, steps, architectural features, such as eaves, awnings, chimneys, balconies, stairways, wing walls or bay windows may project not more than four feet into any required front or rear yard area, nor into any required side yard area more than one- half of said required side yard.
D. Carports. Carports attached or detached from the main building shall be allowed to encroach into the required front yard setback and shall maintain a setback of no less than five feet provided that the proposed carport is open on at least three sides and is used or intended to be used as vehicle storage for the occupants of the premises." SECTION 3. The City Council finds and determines that the text amendment is exempt from further review from the California Environmental Quality Act (CEQA) via Section 15061(b)(3) of the CEQA Guidelines for Implementation of the California Code of Regulations.
SECTION 4. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.
SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 6. The City Council shall sign this Ordinance, and the City Clerk shall certify passage and adoption of this Ordinance and enter it into the book of original Ordinances of the City. The City Clerk shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local newspaper of general circulation and which is hereby designated for that purpose.
THIS ORDINANCE IS PASSED, APPROVED, AND ADOPTED by the City Council of the City of Calexico at a regular meeting held this. _day of November 2023.
Raul Ureña, Mayor
ATTEST:
Veronica Alvarado, Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF IMPERIAL
CITY OF CALEXICO
I, Veronica Alvarado, Interim City Clerk of the City of CALEXICO, DO HEREBY CERTIFY that foregoing Ordinance No. _ _ was duly passed and adopted by the City Council of the City of Calexico at their regular meeting held November, 2023, by the following roll call vote, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Veronica Alvarado, Interim City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY