designs and exist uniformly throughout the referenced area. Examples of the nonconforming garages are provided in Attachment 2.
While SBMC Chapter 17.16 (Nonconforming Uses and Structures) allows for legal nonconforming structures to be maintained, the interpretation of the regulations prohibit structural modifications that would “increase the size or degree of the existing nonconformity” (SBMC Section 17.17.060), such as reconstruction of a nonconforming garage roof between the varying roof designs found in the referenced area.
Exhibit 1 – LMR Zone properties located north of Lomas Santa Fe Drive and east of Interstate 5.
SBMC Chapter 17.68.030 (Minor Exceptions) provides “the flexibility necessary to achieve the objectives of this title” (Chapter 17 Zoning). Minor Exceptions can be approved by the Community Development Director unless the overall project is subject to a discretionary permit (such as a Development Review Permit) that falls under the purview of the City Council, in which the requests would be considered comprehensively by the City Council. The process for consideration of a Minor Exception includes notification of all property owners within 300 feet of the subject site 20 days prior to the decision. If there is an objection raised by neighbors, consideration of the Minor Exception would be elevated to the City Council. The approval is subject to the following findings (17.68.030(F):
1. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the general plan and intent of this title.
April 26, 2023
Ord 530 – Minor Exception for Nonconforming Garages
2. That the granting of the minor exception will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity.
Currently, two development regulations exist that qualify for a Minor Exception, including fence height (subsection a) and parking design standards (subsection b). The proposal before the City Council is to add a third development regulation entitled “nonconforming garage roofs” under subsection “c” stating that “the director may allow the roof structures of legal nonconforming garages that encroach into the required front yard setback and are located in the Low-Medium Residential (LMR) Zone north of Lomas Santa Fe Drive and east of the Interstate 5 Freeway to be reconstructed and/or modified.” Staff believes that the Minor Exception is the most appropriate mechanism if the City Council is supportive of the general concept and suggests that the following requirements be met in order to determine eligibility of the Minor Exception:
i. The Residential Building Record (RBR) from the County Assessor shall verify that the garage was legally constructed.
ii. The existing floor plan shall verify that the existing garage currently accommodates the two (2) 9-foot by 19-foot off-street parking spaces required for the single-family residence and has not been converted into habitable space. iii. The portion of the new roof located in the front yard setback shall not exceed 15 feet in height measured from the existing finished surface of the garage. iv. There shall not be any second-story addition of habitable area above the portion of the garage located in the front yard setback.
v. The portion of the garage located in the front yard setback may include nonhabitable storage within the roof structure with a minimum vertical clearance of 7 feet above the finished surface of the garage.
vi. The existing footprint of the garage shall not be expanded within the front yard setback.
vii. The surrounding exterior walls of the garage shall be allowed to be structurally modified to the extent deemed necessary by the Building Official in order to structurally support the new roof and/or meet current building codes, however, the plate height of the garage shall not be increased within the front yard setback.
It is possible that the requirements listed above would not comply with every reasonable proposal. The City Council could include an eighth requirement that may allow more flexibility at the discretion of the City Council versus the Community Development Director.
April 26, 2023
Ord 530 – Minor Exception for Nonconforming Garages
Ordinance 530 would not preclude a property owner from obtaining necessary Homeowner’s Association (HOA) approval in addition to the City’s approval of a Minor Exception and Building Permit and authorization from the California Coastal Commission.
General Plan and Local Coastal Program Land Use Plan Consistency The General Plan Land Use Element adopted by the City Council (and amended in 2014) established Policy LU-1.1, which “encourage(s) the development and protection of healthy residential neighborhoods by ensuring sensitive transitions between those neighborhoods and adjoining areas and preventing deterioration through rehabilitation and maintenance efforts”.
The establishment of nonconforming garages located in the applicable area as a development regulation subject to a Minor Exception, gives property owners the flexibility to construct minor improvements that would both enhance and maintain the character of the residential neighborhood in compliance with the City’s adopted General Plan.
CEQA COMPLIANCE STATEMENT:
This is not a project as defined by CEQA because there is no development or physical change that would result from the adoption of Ordinance No. 530.
FISCAL IMPACT:
There is no direct impact to the General Fund. Ordinance No. 530 would provide a mechanism for future projects to modify legal nonconforming roof structures of garages located in the applicable area through the established process for a Minor Exception.
WORK PLAN: N/A
OPTIONS:
• Approve Staff recommendation and introduce Ordinance No. 530. • Approve Staff recommendation with alternative amendments/modifications. • Deny Staff recommendation.
DEPARTMENT RECOMMENDATION:
Staff recommends that the City Council:
1. Conduct the Public Hearing: Open the public hearing, Report Council disclosures, Receive public testimony, Close the public hearing.
2. Introduce Ordinance No. 530 adding section 17.68.030(C)(1)(c)(i-vii) to the Solana Beach Municipal Code that would allow for modifications to roof structures of legal nonconforming garages that encroach into the required front yard setback and are located in the Low-Medium Residential Zone north of Lomas Santa Fe Drive and April 26, 2023
Ord 530 – Minor Exception for Nonconforming Garages
east of the Interstate 5 Freeway.
CITY MANAGER’S RECOMMENDATION:
Approve Department Recommendation.
_________________________
Gregory Wade, City Manager
Attachments:
1. Ordinance 530
2. Existing Nonconforming Garages
ATTACHMENT 1
ORDINANCE 530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SOLANA BEACH, CALIFORNIA, ADDING SECTION
17.68.030(C)(1)(c)(i-vii) TO THE SOLANA BEACH
MUNICIPAL CODE THAT WOULD ALLOW FOR
MODIFICATIONS TO ROOF STRUCTURES OF LEGAL
NONCONFORMING GARAGES THAT ENCROACH INTO
THE REQUIRED FRONT YARD SETBACK AND ARE
LOCATED IN THE LOW-MEDIUM RESIDENTIAL ZONE
NORTH OF LOMAS SANTA FE DRIVE AND EAST OF THE
INTERSTATE 5 FREEWAY
WHEREAS, on April 26, 2023, the City Council of the City of Solana Beach held a noticed public hearing on this proposed ordinance; and
WHEREAS, the City of Solana Beach has a General Plan and Zoning Ordinance established in compliance with California Government Code Title 7, Planning and Zoning Law; and
WHEREAS, the City Council of the City of Solana Beach finds that modifications to the Zoning Ordinance, consistent with California Government Code Title 7, are reasonably necessary from time to time; and
WHEREAS, the General Plan Land Use Element adopted by the City Council established Policy LU-1.1 to “encourage the development and protection of healthy residential neighborhoods by ensuring sensitive transitions between those neighborhoods and adjoining areas and preventing deterioration through rehabilitation and maintenance efforts”; and
WHEREAS, the City Council of the City of Solana Beach found Ordinance 530 to be consistent with the adopted General Plan; and
WHEREAS, the City Council of the City of Solana Beach found Ordinance 530 to be exempt from the California Environmental Quality Act (CEQA) because there would be no development or physical change that would result from the adoption of Ordinance 530; and
WHEREAS, the decision is based upon the evidence presented at the hearing and any information the City Council gathered by viewing the applicable areas as disclosed at the hearing;
NOW THEREFORE, the City Council of the City of Solana Beach does ordain as follows:
Ordinance 530
Minor Exception for Nonconforming Garages
Section 1. All of the above statements are true; and
Section 2. Chapter 17.68 is hereby amended and Section 17.68.030(C)(1)(c)(i-vii) is hereby added to the Solana Beach Municipal Code, to read as follows.
17.68.030(C)(1)(c) Nonconforming Garage Roofs
c. Nonconforming Garage Roofs. The director may allow the roof structures of legal nonconforming garages that encroach into the required front yard setback and are located in the Low-Medium Residential (LMR) Zone north of Lomas Santa Fe Drive and east of the Interstate 5 Freeway to be reconstructed and/or modified provided that the following requirements are met:
i. The Residential Building Record (RBR) from the County Assessor shall verify that the garage was legally constructed.
ii. The existing floor plan shall verify that the existing garage currently accommodates the two (2) 9-foot by 19-foot off-street parking spaces required for the single-family residence and has not been converted into habitable space.
iii. The portion of the new roof located in the front yard setback shall not exceed 15 feet in height measured from the existing finished surface of the garage.
iv. There shall not be any second-story addition of habitable area above the portion of the garage located in the front yard setback. v. The portion of the garage located in the front yard setback may include non-habitable storage within the roof structure with a minimum vertical clearance of 7 feet above the finished surface of the garage. vi. The existing footprint of the garage shall not be expanded within the front yard setback.
vii. The surrounding exterior walls of the garage shall be allowed to be structurally modified to the extent deemed necessary by the Building Official in order to structurally support the new roof and/or meet current building codes, however, the plate height of the garage shall not be increased within the front yard setback.
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Ordinance 530
Minor Exception for Nonconforming Garages
Section 6.35.090 Severability
The provisions of this chapter are declared to be severable and if any provision, sentence, clause, section or part of this chapter is held illegal, invalid, unconstitutional or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter or their application to persons and circumstances.”
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Solana Beach shall proceed with publication pursuant to the provisions of Government Code §36933.
INTRODUCED AND FIRST READ at a meeting of the City Council of the City of Solana Beach, California, on the 26th day of April, 2023; and THEREAFTER ADOPTED at a regular meeting of the City Council of the City of Solana Beach, California, on the _____ day of ____, 2023, by the following vote:
AYES: Councilmembers –
NOES: Councilmembers –
ABSTAIN: Councilmembers –
ABSENT: Councilmembers –
______________________________
LESA HEEBNER, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ JOHANNA N. CANLAS, City Attorney ANGELA IVEY, City Clerk Attachment 2—Existing Nonconforming Garages