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HomeMy WebLinkAboutPC Res 06-43 - 2006-09-20 RESOLUTION NUl\1BER 06-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 06-1, AMENDING SECTIONS 28-701 AND 28-801 TO ALLOW 2 STORIES AND A MAXIMUM HEIGHT OF 25 FEET IN THE RESIDENTIAL MEDIUM DENSITY AND RESIDENTIAL HIGH DENSITY, DISTRICT 1 ZONES THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The Planning Commission held Study Sessions regarding the allowable building height in the Residential Medium Density and Residential High Density, District 1 zones on September 6 and September 13, 2006. Section 2. At the conclusion of the September 13, 2006 the Planning Commission directed staff to prepare proposed amendments to the Zoning Code to reduce the allowable height within the RMD and RHD District 1 ("Old Town") zones from the current variable allowable building height standards based on the width of a property to a consistent standard of a maximum height of 25 feet regardless of the lot width and to include language in its recommendation to allow property owners who have received conceptual approval from the Seal Beach Director of Development Services by a certain date to be allowed develop under the previous standards. Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15305, staff has determined as follows: The application for Zoning Text Amendment 06-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15305 (Minor Alterations in Land Use Limitations) because it consists of minor alterations in land use limitations in average slope of less than 20% and does not result in any changes in land use or density; and, pursuant to ~ 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 4. A duly noticed public hearing was held by the Planning Commission on September 20, 2006 to consider Zone Text Amendment 06-1. Z \My Documents\RESO\ZT A 06-1 Third Story PC Reso doc\L W\09-21-06 Planning Commission Resolution 06-43 Zone Text Amendment 06-1 Height Limits in RMD and RHD, District 1, Zones (Old Town) September 20, 2006 Section 5. The record of the hearing indicates the following: (a) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements for new residential developments within the Residential Medium Density and Residential High Density, District 1 zones. (c) this Resolution. The proposed amendments are summarized above in Section 2 of Section 6. Based upon the facts contained in the record, including those stated in ~5 of this resolution and pursuant to ~~ 28-2600 of the City's Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 06-1 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed new residential height development regulations in the Residential Medium Density and Residential High Density, District 1 zones are consistent with the General Plan. The proposed amendment will not result in changes inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements by establishing new residential developments within the Residential Medium Density and Residential High Density, District 1 zones. Section 7. The Commission also addressed the issue of allowing structures that have received conceptual approval of plans for structures in excess of 25 feet to proceed with development, notwithstanding the recommended change. The Commission recommends that projects that have received "Coastal Commission Concept Approval" from the Seal Beach Director of Development Services by a date to be determined by the Council may proceed with development. The Commission recommends the date of January 2,2007 for obtaining such approval. Section 8. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 06-1 to the City Council as set forth on Exhibit A, attached to this resolution and incorporated herein. ZTA 06-1 Third Story PC Reso 2 Planning Commission Resolution 06-43 Zone Text Amendment 06-1 Height Limits in RMD and RHD, District I, Zones (Old Town) September 20, 2006 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 20th day of September , 2006, by the following vote: AYES: Commissioners Bello, Deaton, Ladner, O'Malley, Roberts NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners rtt.l ~ A2Lo7IunJ 'Ellery Dea n Chairperson of the Planning Commission ZT A 06-1 Third Story PC Reso 3 Planning Commission Resolution 06-43 Zone Text Amendment 06-1 Height Limits in RMD and RHD, District 1, Zones (Old Town) September 20, 2006 "EXHIBIT A" o Amend Article 7, Residential Medium Density Zone (RMD Zone), as indicated below; o Amend Section 28-70 1. A. 1, Maximum Height, Main Buildings and Second Dwelling Units to read as follows: "Section 28-701. General Provisions. Lot Size. Open Space. Bulk and Yards. A. Provisions applying in all districts: 1. Maximum Height, Main Building and Second Dwelling Units: 2 stories, 25 ft. maximum" o Amend Article 8, Residential High Density Zone (RHD Zone), as follows; o Amend Section 28-801.F, Maximum Height, Main Buildings and Second Dwelling Units to read as follows: "Section 28-801. General Provisions. Lot Size. Open Space. Bulk and Yards. F. Maximum Height, Main Building and Second Dwelling Units: District I 2 stories, 25 ft. maximum District II, VI 35 ft." * * * * ZTA 06-1 Third Story PC Reso 4