HomeMy WebLinkAboutPC Res 12-26 - 2012-11-07 PLANNING COMMISSION RESOLUTION NO. 12-26
A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE TEXT AMENDMENT
12-2 REGARDING RESIDENTIAL ROOF DECKS
THE 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. All persons wishing to address the Planning Commission regarding Zone
Text Amendment 12-2 were permitted to do so.
B. 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. In addition, Zone Text Amendment 12-2 is
consistent with Measure Z because it does not allow for permanent structures above the
25-foot height limit in the Old Town Area of Seal Beach. The Commission further finds
that due to existing residential development patterns in the City, that many people use
their roof decks for outdoor recreational areas and are in need of shade. Furthermore,
a standard portable canopy is typically 10' x 10' to 12' x 12' and would not create
excessive bulk or mass.
C. 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 certainty that there is no possibility that the
approval may have a significant effect on the environment.
D. Section 11.2.05.015.T of the Seal Beach Municipal Code should be
amended 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 150 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."
Furthermore, to clarify the purpose of Zone Text Amendment 12-2, Section
11.2.05.015.T should include a codified statement of intent to read as follows:
"The purpose of this requirement is to allow the placement of furniture,
umbrellas, and other items on roof decks while prohibiting the installation
or maintenance of large canopies that would unreasonably block light or
views, or increase the visual mass of the residential structure."
Section 5. Based upon the foregoing, the Planning Commission hereby
recommends that the City Council approve Zone Text Amendment 12-2, substantially in
the form indicated in Section 2.D.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 7th day of November, 2012 by the following vote:
AYES: cu(NlN11n35, "v{r5of, / 601c1 txr3i J Vi
NOES: �o n
ABSTAIN: Ji a n G
ABSENT: )Jones
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Sandra Massa-Lavitt, Chairwoman
reg Hastings
Interim Planning Comm .ion Secretary