HomeMy WebLinkAboutPC Res 93-44 - 1993-09-08
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RESOLUTION NUMBER 93-~
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING TEXT AMENDMENT 92-6, AMENDING
SECTIONS 28-400, 28-700, 28-800 TO PROHIBIT EXTERIOR
STAIRWAYS IN CONJUNCTION WITH SINGLE FAMILY
DWELLINGS, SECTION 28-401 ESTABLISHING SPECIFIC
SETBACKS FOR DEI ACHED ACCESSORY STRUCTURES,
SECTION 28-2316 2(H) INCREASING THE ALLOW ABLE HEIGHT
OF PROPERTY LINE WALLS FROM EIGHT (8') FEET TO TEN (10')
FEET IN SPECIFIED AREAS, AND, ADDING SECTION 28-233 1
ESTABLISHING A DEFINITION FOR "FENCE"
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE
Section 1 At Its meetings of August 19, 1992, September 9, 1992, October
21, 1992 and Apnl 21, 1993, the Planning CommIssion conSidered and approved ZOning text
Amendment 92-6, aInendmg Sections 28-400, 28-700, 28-800 to prohibIt extenor staIrways m
conjunction With smgle family dwellings, Section 28-40 I establishing speCific setbacks for
detached accessory structures, Section 28-2316 2(h) mcreasmg the allowable height of property
Ime walls from eight (8') feet to ten (10') feet m speCified areas, and, adding Section 28-233 I
establishing a definition for "fence"
Section 2 Pursuant to 14 Calif Code of Regs ~ 15305 and ~ II B of the
City's Local CEQA GUIdelines, staff has detenmned as follows The application for ZOning Text
Amendment 92-6 IS categorically exempt from review pursuant to the California EnVironmental
Quality Act pursuant to 14 Calif Code of Regs ~ 15305 (Minor AJteratlOns In Land Use
LllnItations), because It consists of minor alterations In land use limitations In areas With an
average slope ofless than 20%, which do not result m any changes m land use or denSIty, and,
pursuant to ~ 15061(b)(3), because It can be seen WIth certamty that there IS no pOSSIbIlity that the
approval may have a Significant effect on the environment
Section 3 Duly noticed public hearings were held by the Planning CommISSion
on August 19,1992, September 9,1992, October 21,1992 and Apn121, 1993, to conSider Zone
Text Amendment 92-6
Section 4 The records of the heanngs on August 19, 1992, September 9,
1992, Octobel 21, 1992 and Apn121, 1993 indicate the follOWing
(a) At said public heanngs there was oral and wntten testImony and eVidence
received by the Planning CommIssion
(b) The proposed text amendments Will revise the City's zOning ordinance and
enhance the ablhty of the City to ensure orderly and planned development
Section 5 Based upon the facts contamed m the record, mcludmg those stated
in ~4 of this resolutIOn and pursuant to ~~ 28-400,28-700,28-800,28-401,28-2316 2(h),
28-233 I of the City's Code, the Planning Commission makes the follOWing findings
(a) ZOning Text Amendment 92-6 IS consistent WIth the prOVISions of the
vanous elements of the City's General Plan Accordingly, the proposed use IS consistent With the
General Plan The proposed amendments are adminIstrative In nature and Will not result m
changes inconsistent With the eXIsting prOVISions of the General Plan
C \AMIPRO\DOCS\ZJ'A\RZI"IlZ..fl; BCC be
Planning ComnusslOn ResolulJon No 93- 44
Zomng Text Amendment 92~
(b) The prohibition ofextenor stairways m conjunction with smgle famIly
dwellings, when not located m a designated flood plam, WlII reduce the opportunity for the
establishment of Illegal dwelling uruts
(c) The establishment of specific setbacks for non-habItable, detached
accessory structures m reSidential zones will allow for the constructIOn of such structures Wltlun
the rear yard setback to allow for additIOnal pnvacy and sound attentuatlOn wlthm rear yards of
reSidential propertIes
(d) Increasmg the allowable heIght of property lme walls from eIght (8') feet to
ten (10') feet m those areas speCified m ~28-2316 2(H) of the Code Wlll allow for addItIOnal
pnvacy and sound attentuatlon Wltlun rear yards of speCified propertIes abuttmg maJor artenal
streets and large vacant areas
(e) The additIon ofa definitIOn ofa fence WlII c1anfY ambIgUIty as to whIch
structures constitute a fence under the provIsions of the Code
(f) The proposed text amendments will not result m any SIgnificant adverse
Impacts
SectIOn 6 Based upon the foregomg, the Planning CommISSion hereby
recommends approval of ZOning Text Amendment 92-6 to the CIty Council subJect to the
followmg
1 ArtIcle 4 Section 28-400 of Chapter 28 of The Code of the CIty of Seal Beach IS hereby
amended to read
"SectIOn 28-400
A Penmtted Uses
(I) One dwelling Unit on each lot of record,
(2) Accessory bulldmgs or structures mcludmg pnvate garages to
accommodate not more than three automobiles,
(3) Flower and vegetable gardening,
(4) Animals and fowl as proVided m Chapter 3 of thIs code,
(5) Home occupatIOns,
(6) Twenty-four hour foster care homes,
(7) Small family day care homes, carmg for up to SIX chIldren
(8) Mobile homes m a mobile home park established by the Issuance of
an unclaSSified use permit,
(9) SWlmmmg pool used solely by persons resldmg on the site and theIr
guest
(a) Pool setbacks
(I) Side property line - 4 ft
(11) Rear property Ime - 4 ft
(b) Mechanical pool equIpment
ClAMlPRO\DOCS\t'JA\RZJ'926 BCCbc
Page 2
Planmng CommiSSion Resolulloll No 93-~
Zonmg TexI Amendment 92-6
(I) Setback one (I) foot from property lme and ten (10)
feet from nelghbonng resIdence, or eIght (8) feet
from nelghbonng resIdence with sound attenuation
approved by City staff
(u) Heater vent not to extend more than 6 Inches above
the nearest wall or fence
(10) The following uses subJect to the Issuance ofa Conditional Use
Penmt
(a) Public utility bulldmgs,
(b) Pnvate churches, museums, lIbranes, schools and colleges,
(c) Second dwelling Units prOVided that the following
conditions are sal1sfied
(I) The lot or parcel contains an eXisting smgle famlly
detached dwelling unit (the "pnmary dwelling Unit")
and the second dwelling Unit IS located WIthin the
exIsting lIvmg area of the pnmary dwelling Unit
"LIVing area" means the mtenor inhabitable area of
the pnmary dwelling Unit, but does not Include
garages or accessory structures
(II) The second dwelling Unit prOVIdes complete,
Independent liVing faCIlities for one or more persons
and mcludes pennanent prOVIsions for lIvmg, sleepmg,
eating, cookmg and sanitation
(m) The second dwellmg Unit shall comply With all height,
setback, lot Size, parking, and other applicable zomng
reqUIrements of this chapter
(IV) The second dwelling Unit shall not be sold, transferred
or assIgned separately from the pnmary dwelling Unit
The owner of the lot or parcel shall record a deed
restnctlOn to thiS effect Within thirty days after the
approval of a condItional use permit for the second
dwelling Unit
(v) The applicant for the conditional use pernut shall be
an owner-occupant of the lot or parcel upon whIch
the pnmary dwelling Unit IS situated
(VI) Any other conditions Imposed by the Planmng
CommissIon or City CouncIl pursuant to ArtIcle 25 of
thiS Chapter which are not inconsIstent wIth the
proVISIons ofGovemment Code Section 65852 2
(d) Large faJnlly day care homes, caring for seven (7) to twelve
(12) chlldren subject to the follOWing regulations
(I) Seventy-five (75) square feet of outdoor play area,
and thirty-five (35) square feet of mdoor play area
shaJl be proVIded per chIld The outdoor play area
shall be contiguous usable area, enclosed by a SIX (6)
C \AMIPRO\DOCS\ZTA\RZI'ln 6 BCC be
Page 3
Planmng CommiSSion Resoluuon No 93- 44
Zolllng Te'\t Amendment 92-6
foot high masonry wall Any gate entry shall be
securely fastened and self-clOSing
(II) Large famtly day care homes shall be operated In a
manner not exceeding the nOIse levels of the City of
Seal Beach NOIse Ordmance, nor shall such day care
homes be operated In a manner that constItutes a
nOise nUIsance to nelghbonng properties
(III) A permIt shall not be granted for a large famtly day
care home that would be established WIthin a 300 foot
radius of any eXisting licensed large famtly day care
home, and Wlthm 500 feet of an eXlstmg licensed large
family day care home on the street for which the home
IS proposed
(IV) All large famtly day care homes shall comply With all
regulations adopted and enforced by the State FIre
Marshall and the Orange County FIre Department
(v) The applicant shall submit a copy of the Orange
County SOCial Services LIcense pnor to the operation
of the day care factllty
(VI) The applicant shall obtaIn a City busmess license pnor
to the operatIon of the day care faCIlity
(VII) In additIon to the two reqUIred covered parking
spaces, one on-site parkmg space shall be proVided
for each employee other than the operator, and one
drop-off-plck-up space shall be prOVIded on-site or
Immediately adjacent to the subject property
Pursuant to Government Code SectIOn 65852 2, the City Counctl finds that
the second dwelling Unit permitted by thiS ordinance are deemed not to
exceed the allowable denSIties for the lots upon which they are located aJld
that such dwelling Units are reSIdential uses whIch are deemed to be
consistent WIth the City's General Plan
B ProhIbIted Uses (slngle-famtly dwellings)
(I) Extenor stairways proVldmg access from the ground level and/or the
first floor to the second floor or above, when such stairways are not
speCifically requIred by the Uniform BUIlding Code
However, extenor staIrways may be penmtted on smgle faInlly
dwellings located Within Identified flood zones upon approval of a
consent calendar plan review by the planning CommiSSIOn"
2. Article 7 SectIon 28-700 of Chapter 28 of The Code of the CltV of Seal Beach IS hereby
aInended to read
"SectIon 28-700
A PermItted Uses
(I) All uses permItted m the RLD Zone
(2) MedIUm denSity resldentlaJ uses
C\AMIPRO\DQCS'\Zl'A\RZ1'92 6 BCCbc
Page 4
Plannmg CommiSSIon Resolution No 93- 44
Zomng Tel>! Amendment 92-6
(3) The followmg uses subject to Issuance ofa Conditional Use
Pennlt
(a) Parkmg lots established m conjUnctIOn with the use of
nearby lots zoned commercial
(b) ConversIOn ofexlstmg apartments mto condommlUms
B Prohibited Uses
(I) All uses prohibIted m the RLD zone"
3. ArtIcle 8 Section 28-800 of Chapter 28 of The Code of the CIty of Seal Beach IS hereby
aInended to read
"SectIOn 28-800
A Pennltted Uses
(I) All uses pennltted m the RLD and RMD zones,
(2) Apartment houses,
(3) The followmg uses subJect to Issuance ofa Conditional Use
Pennlt,
(a) Hotels lawfully eXlstmg on January I, 1987,
proVIded that a condltIOnaJ use pennlt IS granted
therefore on or before January I, 1988
(b) Fraternity and soronty houses,
(c) Pnvate clubs,
(d) ReSIdential board and care facIlities for not more
than fifteen persons,
(e) ReSIdentIal complexes of 150 Units or more may be
pennltted accessory commercial uses subJect to the
followmg conditions and limitations
I All uses and services shall be deSigned for the
speCific convemence of the reSidents and their
guests
2 All uses shall be conducted wholly wlthm an
enclosed buIldmg
3 All access to the accessory use shall be from a
lobby, patiO, courtyard or mtenor walkway
4 No slgnage for such accessory use shall be
VISible from any public or pnvate street
5 That a valid CIty busmess license shall be
obtamed for all operations
C \AMIPRO\DOCS\ZJ'A\RZl'92 IS Bee be:
Page 5
Planmng CommISSion ResolutIOn No 93-~
Zoning Tcxt Amcndmcnt 92-6
(4) Other similar uses which, m the opinion of the Planning
Commission, would not be detnmental to the neIghborhood
m which such uses would be located
B ProhIbited Uses
(I) All uses prohIbited m the RLD and RMD zones"
4. Article 4 SectIOn 28-401(2) of Chapter 28 of The Code of the City of Seal Beach IS
hereby amended to read
"(2) ProvIsIons varymg by dlstnct
(a) Maximum lot coverage
Dlstnct I
Dlstnct II
Dlstnct V
60%
45%
45%**
(b) Yard DimenSIOns (Minimums)
Front Yard Abuttmg Street -
Dlstnct I
Dlstncts II & V
18 ft
18 ft front entry garage* **
lOft side entry garage
SIde Yard Abuttmg Street-
Dlstncts I, II & VI
5% lot width,
Maximum required lOft
Rear Yard Abutting Street and other Area Specified m Section
28-23162 (If) -
Dlstncts I & II
Dlstnct V
10 ft
5 ft may be proVIded, subject
to the followmg conditions
(I)
Detached covered patio roofs, gazebos (over 50%
of pen meter open) and sun screens (over 50% of
penmeter open) are penmtted subject to the
Issuance of a building penmt Such structures shall
have a maximum height of twelve (12') feet when
located wlthm ten (10') of the rear property Ime, are
subJect to the maximum lot coverage reqUIrement,
shall have a maximum covered area of200 square
feet and a maxImum perimeter dimenSIOn (on any
one Side) of fifteen (15') feet
(a) Subject to the Issuance of a conditional use
pennit, and bound by all condItIons of
paragraph I above as well as any conditions
Imposed through the Issuance of the use
permIt, the above listed structures may be
constructed to the rear property Ime
(2) Detached accessory structures, excludmg garages
and habitable rooms, may be approved by the
Planning CommiSSIon subJect to consent calendar
C \AMIPRO\OOCS\ZTA\RZT92 6 8C( be
Page 6
~' .'
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Planmng CommiSSion ResolutIon No 93-44
Zomng TeAt Amendment 92.{i
plan reVIew approval Such structures shall have a
mllXImum height of twelve (12') feet when located
With ten (10') of the rear property Ime and are
subject to the maxImum lot coverage reqUIrement
Rear Yard Not Abuttmg Street
Dlstnct 1
Dlstnct II
Dlstnct V
96 ft *
10 ft
10 ft,
5 ft may be provided, subject to the following
conditions
(I)
Detached accessory structures, excluding garages
and habitable rooms, may be approved by the
Planning CommissIon subJect to consent calendar
plan review approvaJ Such structures shall have a
maxImum height of twelve (12') feet when located
With ten (10') of the rear property line and are
subJect to the maxImum lot coverage reqUIrement
AdditIOnally, such structures shall have a mllXImum
covered area of 150 square feet and a maxImum
penmeter dimenSion (on anyone side) of twelve
(12') feet
*
Balcony and walkway may extend ten feet mto thiS yard Detached
accessory structures are permItted subJect to the reqUIrements of
~28-40 I 2 b (I) above, proVided such structures shall not be penmtted
wlthm the CIty sewer easement located m the area between 84 feet and 96
feet from the rear property line "
5 Article 23 Section 28-28-2316(H) of Chapter 28 of The Code of the CIty of Seal Beach IS
hereby amended to read
"(H) Ten (10) Foot Fences In the followmg cases, ten (10) foot
high fences may be constructed where SIX (6) foot fences
are permItted by thiS chapter
(I) Between commercIal and any residential land,
(2) Along the following streets
Almond Avenue
Balboa Dnve from PaCific Coast HIghway to Bolsa
Avenue
Bolsa Avenue
First Street
Lampson Avenue
Manna Dnve
PaCific Coast Highway
San Diego Freeway
Seal Beach Boulevard
Westminster Avenue
Properties which back to the I-60517th Street Connector
(3) For Secunty m the Followmg Areas
Back yards ofHtll homes adjacent to vacant Hellman land
and Gum Grove Park
C \AMIPRO\DOCS\lT A\RZT92 C!i BCC be
Page 7
.-
Planmng CommiSSIon Resolution No 93-~
Zamng Te>.t Amendment 92-6
,
East Flood Control Channel, College Park East
Edison Park
West Fence of Leisure World"
6. Article 2 A new Section 28-233 I of Chapter 28 of the Code of the CltV of Seal Beach IS
hereby added to read
"Section 28-233 I Fence A freestandmg device, structural or natural,
fonmng a physical bamer by means of wood, mesh, metal, cham, masonry,
bnck, slate, plastic, louvered glass or other sundar matenal For the
purposes oftlus section a post, wood, metal or other, designed for use as a
physIcal barner, shall be considered a fence"
PASSED, APPROVED AND ADOPTED by the Planning CommIssIon of the City of Seal Beach
at a meetmg thereof held on the 8th day of September, 1993, by the followmg vote
AYES CommiSSIOners
Dahlman, Soukup, Law, Sharp
NOES CommiSSIOners
ABSENT CommISSIOners
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Anton Dahlman, ChaIrman
Planning CommiSSIon
e Whittenberg, Secretary
Planning CommISSion
....
C\AMIPRO\DQCSlZTA\RZr92 IS 8C.Cbe
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