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HomeMy WebLinkAbout5 - ZTA 12-2 (Residential Roof Decks)PLANNING COMMISSION DATE: October 17, 2012 TO: Honorable Chair and Members of the Planning Commission FROM: Greg Hastings, Interim Community Development Director SUBJECT: ZONE TEXT AMENDMENT 12-2 W SUMMARY OF REQUEST: After conducting a public hearing, it is requested that the Planning Commission adopt Resolution No. 12-26 recommending to the City Council the approval of Zone Text Amendment 12-2 regarding residential roof decks. BACKGROUND AND ANALYSIS: On July 9, 2012, the City Council directed the Planning Commission to develop criteria regulating placement of items on residential roof decks. The Commission considered the matter at a duly noticed public meeting held on August 1, 2012, and at that time directed staff to prepare a draft zone text amendment to address the matter. On September 5, 2012, the Planning Commission held a duly noticed public hearing on Zone Text Amendment 12-2 regarding residential roof decks. Consideration of the amendment was continued to October 3, 2012 and again to October 17, 2012. Roof decks are currently permitted in all residential zones in the City, with the exception of the RLD-1 5 (Bridgeport) zone. Maximum height for structures in the RLD-9, RLD-1 5 and RHD-20 zones is 25 feet. Maximum height for structures in the RHD-33 and RHD- 46 zones and Surfside is 35 feet. The Municipal Code is currently silent regarding the height and placement of items on roof decks. Zone Text Amendment 12-2 Would amend the Zoning Code by adding the highlighted language below to Section 11.2.05.0153 of the Municipal Code: "Roof Decks, Roof Decks are allowed in the residential districts pursuant to Table 11.2.05.015: Development Standards for Residential Districts. Detached canopies are permitted on roof decks provided that canopies -greater than 100 square feet in area are permitted only if they are collapsible, and maintained below the height limit when not in use. In addition, all required roof deck railings in accordance with the provisions of the California Building Code shall not exceed the height limit provisions of Table 11.2.05.015. The provisions of Section 11.2.05,015.1: Projections, are not applicable to roof decks." Staff has determined that Zone Text Amendment 12-2 is Categorically Exempt from review pursuant to the California Environmental Quality Act ("CEQA") pursuant to 14 Calif. Code of Regs. Section 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in land use limitations in areas with an average slope of less than 20% and does not result in any changes in land use or density; and pursuant to Section 15061(b)(3), because it can be seen with certainly that there is no possibility that the approval may have a significant effect on the environment. RECOMMENDATION: After conducting a public hearing, it is recommended that the Planning Commission adopt Resolution No. 12-26 recommending that the City Council adopt an ordinance approving Zone Text Amendment 12-2. Attachment: m=e — *1VMEMr*L*EEM=ffM# M=m, • w i i � � � � � � � � � � � • A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE TEXT AMENDMENT 12-2 REGARDING RESIDENTIAL ROOF DECKS -rHE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1. On July 9, 2012, the City Council directed the Planning Commission to develop criteria regulating placement of items on residential roof decks. The Planning Commission considered the matter at a duly noticed public meeting held on August 1, 2012 and at that time directed City staff to prepare a draft zone text amendment to address the matter. Section 2. On September 5, 2012 and October 17, 2012, the Planning Commission held duly noticed public hearings on Zone Text Amendment 12-2 regarding residential roof decks. Based on the record of these hearings, the Planning Commission hereby finds as follows: A. Zone Text Amendment 12-2 would amend Section 1111.2,050.0503 of the Seal Beach Municipal Code to read as follows: "Roof Decks. Roof Decks are allowed in the residential districts pursuant to Table 11.2.05.015: Development Standards for Residential Districts. Detached canopies are permitted on roof decks provided that canopies greater than 100 square feet in area are permitted only if they are collapsible, and maintained below the height limit when not in use. In addition, all required roof deck railings in accordance with the provisions of the California Building Code shall not exceed the height limit provisions of Table 11.2,05.015. The provisions of Section 11.2.05.015.1: Projections, are not applicable to roof decks." B. All persons wishing to address the Planning Commission regarding Zone Text Amendment 12-2 were permitted to do so. C. Zone Text Amendment 12-2 is consistent with the City's General Plan. It will neither conflict with any provision of the General Plan nor impede implementation of any of its goals, objectives, or policies. D. Zoning Text Amendment 12-2 is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA) pursuant to 14 Calif. Code of Regs. Section 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in land use limitations in areas with an average slope of less than 20% and does not result in any changes in land use or density; and, pursuant to Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 5. Based upon the foregoing, the Planning Commission hereby recommends that the City Council approve Zone Text Amendment 12-2. 0 - - REMOMM IMIWM��Ws AYES: NOES: Sandra Massa-Lavitt, Chairwoman Greg Hastings Interim Planning Commission Secretary