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Home My WebLink AboutPC Res 1656 - 1991-12-04 . . RESOLUTION NUMBER 1656 A RESOLUTION OF THE PLANNlNG COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 5-91, AMENDING SECTIONS 28-2002(1), 28-2313, 28-2405, 28-1300(7),28-701 AND 28-801 OF THE CODE OF THE CITY OF SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE SECTION 1. Zomng Text Amendment 5-91 IS made up of five (5) separate text amendments Specifically, the five amendments are as follows 1 Amend SectIOn 28-2002(1) to specifically Include open space and parks as permitted uses Within the Public Land Use zone, (PLU), 2 Amend Section 28-2313 to allow the construction of low-level wooden decks Within the required setbacks, 3 Amend Section 28-2405 to allow the Planmng Commission to set or vary amortizatIOn pen ods for nonconforming uses which do not relate to structures, 4 Amend Section 28-1300(7) to require the Issuance of a Conditional Use Permit In conjunctIOn With the operation of any commerCial activity between the hours of 2 a m and 6 a m, and 5 Amend SectIOns 28-701 and 28-801 changing the mlmmum comer lot size In the Residential MedIUm and High DenSity zones of Planmng Dlstnct 1 (Old Town) from 27 5' x 100' to 25' x 100' ThiS amendment would make the mlmmum lot size the same for all properties In the above mentioned zones of Planmng Dlstnct I SECTION 2. A duly noticed pubhc heanng to consider thiS matter was held before the Planmng Commission on November 20, 1991 and was continued to December 4, 1991 SECTION 3. Staff has detenmned that Zoning Text AInendment 5-91 IS exempt from review under the Califomla EnvlronInental Quality Act (Sections 15305, 15061(b)(3)) SECTION 4. Based on the eVidence, both wntten and oral, submitted at the public heanngs, the Planmng Commission hereby finds as follows (a) The requirement of a CondItional Use Permit for both 24 hour per day commercial activities and preexisting uses which now reqUire the Issuance of a CUP Will mitigate adverse Impacts on nelghbonng properties and thereby maintain the public's health safety and welfare (b) The constructIOn of low level wooden decks Within reqUired setbacks IS consistent With the provIsions of the General Plan (c) The construction oflow level wooden decks Within requlfed setbacks IS Similar to hardscape treatments such as concrete and asphalt which are currently permitted Within required setbacks (d) The inclUSIOn ofpubhc open space and public parks as permitted uses In the Pubhc Land Use zone will assist In clanfyIng the intentions of the Code ( e) A reduction In the mlmmum lot size for corner lots In the Residential High and MedIUm DenSity zones ofPlanmng District I Will have no Impacts, envlfonmentally or other, as all corner lots In sllld zones are compnsed of eXisting 25 foot Wide lots The proposed amendment Will clanfy the provIsions of the Code removing unnecessary complexities C IAMIPROIDOCMZ I A\R9 1-5 BCC be . . P1annmg CommiSSIon Reso1ul1on No 1656 SECTION S. Article 20 Subsection (1) of SectIOn 28-2002 of Chapter 28 ofThe Code of the City of Seal Beach IS hereby amended as follows "SectJon 28-2002 Uses Permitted The follOWing uses are permitted In the public land use (PLU) zone (1) Public parks, pubhc recreation facilities, public open space, green belts, beaches, piers, Wlldhfe refuges, tidal marshlands, bicycle trails, nature trlllls, flood-control basinS, flood-control channels, parlang lots or facihties, and earthquake fault buffer zones, " SECTION 6. Article 23 SectIOn 28-2313 of Chapter 28 of The Code of the City of Seal Beach IS hereby amended to read "Section 28-2313 Permitted IntruSIOns Into ReqUired Yards (A) The follOWing intruSIOns may proJect two feet Into required yards, provided the reqUired Side yards shall not be reduced to less than three feet In Width, nor shall any pedestrian walkway on the lot be reduced below three feet In unobstructed Width (1) Cornices, eaves, belt courses, Sills, buttresses or other slInilar architectural features above the first floor, (2) Fireplace structures not Wider than eight feet measured In the general direction of the wall of which It IS a part, (3) Stairways, balcomes and fire escapes, (4) Uncovered porches and platforms which do not extend above the level of the first floor, prOVided they may extend Into a reqUired front yard not more than 30 Inches, (5) Planting boxes or masonry planters not exceeding forty-two (42") Inches In height, (6) Guard rllllings for safety protections around ramps, In District I, all of the above protrusIOns may proJect not more than two feet Into the reqUired Side yards, proVided the reqUired Side yards shall not be reduced to less than two feet In Width (B) Low-level wooden decks, not In excess of one (1) foot above natural grade, may proJect Into a reqUired yard to the property line" SECTION 7. Article 4 Paragraph (t) of Subsection (1) of SectIOn 28-401 of Chapter 28 of The Code of the City of Seal Beach IS hereby added to read "(t) Landscaping 40% of ReqUired Front Yard (Minimum)" SECTION 8. Article 7 Paragraph (e) of Subsection (1) of Section 28-701 of Chapter 28 of The Code of the CltV of Seal Beach IS hereby added to read "(e) Landscaping 40% of ReqUired Front Yard (Minimum)" SECTION 9. Article 8 Subsection (8) of Section 28-801 of Chapter 28 of The Code of the CltV of Seal Beach IS hereby added to read e IAMlPROIDOCSIZTAIR91-5 Dee be Page 2 . . . P1annmg CommiSSIon Resolution No 1656 "(8) Landscaping 40% of Required Front Yard (Minimum)" SECTION 10. Article 24 SectIOn 28-2405 of Chapter 28 of The Code of the Cltv of Seal Beach IS hereby amended as follows "Section 28-2405 Commission Mav Determine Conditions for Abatement (1) When any nonconforming condition eXists In any zone, other than the nonconforming use of land where no structure IS Involved, the Planmng Commission may, after a public heanng, fix a date upon which the nonconforming bUilding was established and determine conditions and time limits for abatement (2) Where a use IS nonconforming only due to lack of a reqUired discretionary permit, the propnetor of said use shall terminate saId use or apply for and obtain any and all reqUired discretionary permits Within SIX (6) months of the effective date of the ordinance which codified thiS paragraph or the effective date of the ordinance which made the use nonconforming, whichever IS later, unless after a heanng the Planmng Commission determines that a different time limit for abatement IS appropnate " SECTION 11. Article 13 Paragraph (t) of Subsection (7) of SectIOn 28-1300 of Chapter 28 of The Code of the City of Seal Beach IS hereby added to read "(J) Commercial actIVIties operating between the hours of 2 00 am and600am" SECTION 12. Article 7 Paragraph (a) of Subsection (1) of Section 28-701 of Chapter 28 of The Code of the City of Seal Beach IS hereby amended as follows "(a) Minimum Lot Size Width, Intenor lot District I Dlstnct II 25 ft 50 ft Width, corner lot - District I District II 25 ft 55 ft Depth- Districts I, II 100 sq ft Area, Intenor lot - District 1 District II 2,500 sq ft 5,000 sq ft Area, corner lot - Dlstnct I Dlstnct II 2,500 sq ft 5,500 sq ft" SECTION 13. Article 8 Paragraph (a) of Subsection (I) ofSectJon 28-701 of Chapter 28 of The Code of the City of Seal Beach IS hereby amended as follows "(a) Minimum Lot Size Width, Intenor lot - District I District II, VI 25 ft 50 ft e IAMlPRO\DOC~\ZfA\R9I-5 Bee. be Page 3 . . . Plannmg CommiSSion Resolution No 1656 Width, comer lot - Dlstnct r District II, VI 25 ft 55 ft Depth - Dlstncts I, II, VI 100 sq ft Area, Intenor lot - Dlstnct 1 Dlstnct II, VI 2,500 sq ft 5,000 sq ft Area, corner lot - Dlstnct 1 Dlstnct II, VI 2,500 sq ft 5,500 sq ft.. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 4th day of December, 1991, by the follOWing vote AYES Commissioners Fife. Dahlman. Law. Orsini NOES Commissioners ABSENT Commissioners Shalll e IAMlPROIDOCSlZTA\R9I-S oce be Page 4