HomeMy WebLinkAboutPC Res 1604 - 1990-10-17
,
.\
.
.
RESOLUTION HUMBER 1604
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH RECOIIMEHDING TO THE
CITY COUNCIL APPROVAL OF ZONING TEXT
AMENDIIEIIT 6-90, AMENDING CHAPTER 28 OF ~
CODE OF THE CITY OF SEAL Rllll.MI TO PROVIDE
SPECIFIC CRITERIA FOR THE CONSTRUCTION AND
HAIHTEHAHCE OF COVERED. ROOF-ACCESS
STRUCTURES
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, the Code of the citv of Seal Beach presently sets forth
no specific requirements for the construction of
covered, roof-access structures: and
WHEREAS, the Code of the citv of Seal Beach presently requires
no public review of proposed covered, roof-access
structures: and
WHEREAS, the City Council and the Planning Commission of the
city of Seal Beach desire to create specific criteria
for the construction, maintenance and public review of
covered, roof-access structures within the City; and
WHEREAS, the Planning Commission of the city of Seal Beach held
a duly noticed public hearing on October 17, 1990 to
consider Zoning Text Amendment 6-90; and
WHEREAS, the Planning Commission of the city of Seal Beach makes
the following findings:
1. Zoning Text Amendment 6-90 is consistent with the
goals and provisions of the General Plan.
2. Zoning Text Amendment 6-90 will provide for
Planning Commission review and public noticing and
comments for all future proposed covered, roof-
access structures.
3. Zoning Text Amendment 6-90 will provide specific
findings, relative to covered stairwells to open
roof decks, the Planning Commission could utilize
in considering all future requests for such
structures.
4. Proposed section 28-2317(A)(5) would provide means
for the property owner of a CRAS which is rendered
non-conforming due to this zoning text amendment
to, through the building permit process, perform
major structural alterations or additions to the
property, provided the non-conforming covered
stairwell meets the enclosed criteria.
5. Non-conforming covered stairwells which do not
meet the proposed requirements of ~28-
2317(4)(C)(I)(a), (i.e. covered stairwells 1)
whose rOOfing materials do not substantially
comply with the roofing materials of the remainder
of the structure, 2) which ~ located along
peripheral exterior walls of the structure or 3)
whose area is DQt limited to the minimum vertical
c. \1IP50\I'l'A.\BBIO--fi.RD
.
.
Planning Commission
Resolution No. 1604
Page 2 of 5
or horizontal area necessary to cover the
stairwell) would be required to either remove the
structure, bring it into conformity or apply to
and receive a Minor Height Variation from the
Planning Commission within one (1) year.
6. The proposed wording of ~28-2317(4)(C)
significantly broadens the Planning Commissions
discretionary powers relative the Height
Variations. Presently, this section states the
Commission shall approve any application which
meets the three findings.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the
city of Seal Beach does hereby recommend to the City Council the
following:
Section 1.
Article 23. Subsection 3 of Section 28-2317 of
Chapter 28 of the Code of the citv of Seal Beach
is hereby amended as follows:
"(3) ExceDtions: Those listed as follows may be
erected to a maximum height as follows:
A. Chimneys - Two feet above roofline as per
Uniform Building Code.
B. Flagpole - Up to 20 feet (10 feet above
roofline maximum).
C. Antennae - Up to 10 feet above roofline.
Ground antennae to a maximum of 40 feet if
located in the rear yard adjacent to the main
structure."
Section 2.
Article 23. Subsection 4 of Section 28-2317 of
Chapter 28 of the Code of the City of Seal Beach
is hereby amended as follows:
"(4) Heiaht Variation For Non-Habitable Architectural
Features.
A. Scope: Non-habitable architectural features,
such as spires, towers, cupolas, belfries,
monuments, parapets (not required by Uniform
Building Code), domes and covered stairwells
to open roof decks may exceed the heigbt
limit establisbed for the district in which
such structure is located to a maximum of 7
~eet if granted pursuant to the procedures
contained in this section.
B. Procedure:
(1) Any person desiring to apply for a Minor
Height variation Permit shall complete
and fill out and submit an application,
required plans and property owners list
to the Director of Planning togetber
with payment of the minor plan review
C:\lP50,~'ltIlO--'.RIS
,
C~\"BO\I~\I~tO--6.RIS
.
.
Planning Commission
Resolution No. 1604
Page 3 of 5
fee 14 days prior to the Planning
Commission meeting.
(2) Notice of the application for a minor
height variation shall be given to all
property owners within 300 feet of the
exterior boundaries of the property.
C. Review:
(1) The Planning Commission may at a
scheduled public hearing approve or
disapprove such application, subject to
any conditions deemed appropriate. In
reviewing an application, the planning
Commission shall consider the following
criteria and make findings thereon:
(a) Whether such variation is
appropriate for the architectural
style of the building.
(i) Whether all roofing materials
of a covered stairwell to an
open roof deck are in
substantial conformity with
the roofing materials of the
remainder of the structure.
(ii) Whether a covered stairwell to
an open roof deck is located
along peripheral exterior
walls of the structure.
(iii) Whether a covered stairwell to
an open roof deck is limited
to the minimum area, both
horizontally and vertically,
in keeping with the existing
architectural style of the
main dwelling, necessary to
cover the stairwell.
(b) Whether such variation is
appropriate for the character and
integrity of the neighborhood.
(c) Whether such variation
significantly impairs the primary
view from any property located
within 300 feet.
(d) Detailed and complete plans for the
proposed work.
"
Section 3.
C.,IIPSD\I!rA\HA90--6.US
.
.
Planning Commission
Resolution No. 1604
Page 4 of 5
(2) The decision of the Planning Commission
may be appealed to the City Council,
which in order to grant a permit, must
determine that the findings set forth in
this section have been met by the
applicant.
(3) Anyone appealing a decision of the
Planning Commission must file a written
request, together with the appeal fee
within 15 calendar days after the
decision is made."
Article 24. Paragraph (5) of Subsection (A) of
Section 28-2407 of Chapter 28 of the Code of the
citv of Seal Beach is hereby added to read:
"5. (a) Structural Alterations. Enlaraements Or
EXDansions to non-conforming residential
buildings and uses which are nonconforming
only due to the existence of a covered
stairwell to an open roof deck which exceeds
the property's height limit may be approved
by the Director of Development Services,
subject to the following:
(i) All enlargements or expansions shall
comply with existing zoning and building
standards, including height
requirements.
(ii) The existing covered stairwell shall
comply with all required findings of
~28-2317(4)(C)(I) of the ~.
(iii) For a period of one (1) year after the
adoption of this ordinance, the Director
of Development services shall publish
monthly, and list in the Agenda for the
first meeting of the Planning Commission
for that month, the addresses of all
properties on which an existing covered
roof access structure (CRAS) has been
determined to be in compliance with the
existing codes.
(b) Amortization Period. A covered stairwell to
an open roof deck which does not conform to
the requirements of this section but which
lawfully existed on the effective date of
this ordinance shall, within one year, be
removed, made to conform or the property
owner shall apply for and obtain a Minor
Height variation pursuant to ~28-2317(D) of
this Chapter. During the interim period,
said nonconforming covered stairwell shall be
maintained in good repaid and visual
appearance and no structural alteration be
made thereto."
,
.
.
,
Planning commission
Resolution No. 1604
Page 5 of 5
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 17th day of
October, 1990, by the following vote:
AYES:
Commissioners
Sharp. Fife. Dahlman. Orsini. McCurdv
NOES:
commissioners
None
ABSENT: Commissioners
None
BCC:bc
C=,WPSO\J'a\Z'1'AlJO--6.JlES