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Home My WebLink AboutPC Res 95-22 - 1995-10-04 :i - . , RESOLUTION NUMBER 95-22 A RESOLUTION OF THE PLANNING COM1\lISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL AFPROV AL OF ZONING TEXT AMENDMENT 95-2, AMENDING SECTIONS 28-2407 b I, 28-2705 AND 28-2757 TO REQUIRE HEARING NOTICES BE MAILED TO OCCUPANTS AS WELL AS PROPERTY OWNERS THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE SectJOn 1 At Its meetmg of September 6, 1995, the Planmng Commission conSidered and approved Zomng text Amendment 95-2 This amendment Will amend SectJOns 28-2407 b 1,28-2705 and 28-2757 of the Code to reqUire heanng notices be mailed to occupants as well as property owners Section 2 Pursuant to 14 Calif Code of Regs ~ 15305 and ~ II B of the City's Local CEQA GUldehnes, staffhas determined as follows The appllcatJOn for Zomng Text Amendment 95-2 IS exempt from reVIew pursuant to the Cahforma EnVironmental Quality Act pursuant to ~ 15051(b)(3), because It can be seen With certamty that there IS no pOSSibility that the approval may have a slgmficant effect on the environment SectJOn 3 A duly noticed pubhc heanng was held by the Planmng CommiSSion on September 6, 1995, to conSider Zone Text Amendment 95-2 Sectlon 4 The record of the heanng on September 6. 1995 indicates the followmg (a) At said pubhc heanng there was oral and wntten testimony and eVIdence received by the Planmng Commission (b) The proposed text amendment will revise the City's zomng ordmance and enhance the ablhty of the City to ensure orderly and planned development Specifically, dus amendment IS Intended to broaden public partlclpatlon In the land use deCISion making process ThIs will be accomphshed through malhng hearmg notices to all occupants hVlng WithIn a given radiUS of a property which IS seeking a dlscretJOnary permit from the City Currently only property owners hvmg WithIn the radiUS are notified by mailed SectJOn 5 Based upon the facts contamed m the record, mc1udmg those stated 10 ~4 of thIs resolutJOn and pursuant to ~~ 28-2600 of the City's Code. the Planmng Commission makes the follOWing findmgs (a) Zomng Text Amendment 95-2 IS consistent With the prOVISions of the vanous elements of the City's General Plan Accordmgly, the proposed use IS consistent With the General Plan The proposed amendment IS admlmstratlve m nature and Will not result m changes inconsistent With the exlstmg provIsions of the General Plan (b) The proposed text amendment IS mtended to broaden pubhc partiCipation In the land use deCISion makmg process ThiS will be accomphshed through mallmg heanng notices to all occupants hvmg Wlthm a gIVen radiUS of a property which IS seekmg a dlscretlonary permit from the City Currently only property owners hVlng Wlthm the radiUS are notified by mailed (c) The proposed text amendment will not result In any slgmficant adverse impacts D\ \ZTA\R.... ace!... , Planmng CommiSSIOn Resolution No 95-22 September 6, 1995 .. Section 6 Based upon the foregoing, the Plannmg Commission hereby recommends approval ofZomng Text Amendment 95-2 to the City Councd subject to the followmg 1. Article 24 Section 28-2407 B 1 of Chapter 28 of The Code ofthe CltV of Seal Beach IS hereby amended to read .. Procedure 1 Consent Calendar Plan Review - Any person desmng to apply for consent calendar plan review approval by the Planmng Commission pursuant to tlus section shall submit an application, reqUired plans and property owner list to the Department of Development SeTVIces together with payment of the mmor plan reVIew fee 14 days prior to the Planmng Commission meetmg Notice of the application for consent calendar plan review shall be given to all property owners and to an addresses Wlthm 100 feet of the exterior boundanes of the property" 2. Article 27 Section 28-2705 of Chapter 28 of The Code of the CltV of Seal Beach IS hereby amended to read "Section 28-2705 Notices Notice of time and place of publIc heanngs shall be given m the followmg manner (1) Changes of zone request Imtlated by property owner, appeals, planned umt developments and unclassified use permits shall be by wntten notice pubbshed m a newspaper of general Circulation and mailing a wntten notice to all property owners and to all addresses wlthm a three hundred foot radiUS ofthe property to be directly affected Tlus action shan take place not less than ten days before the heanng date (2) Amendments to the ordmance codified herem or changes to zonmg dlstncts shall be by wntten notice publIshed 10 a newspaper of general Circulation not less than ten days before the heanng date (3) Vanances, conditIOnal use permits or tentative tract maps shall be by wntten notice matled to all property owners and to all addresses wlthm three hundred feet of the property to be affected, not less than ten days before the heanng date (4) Changes of zone Imtlated by the City shall be by wntten notice maded to the affected property owner(s), and to all property owners and to all addresses Wlthm three hundred feet of the property to be affected, and publIsh in a newspaper of general circulatIOn, not less than ten days berare the heanng date (5) Appeals shall be by the same notice method employed 10 the ongmal apphcatlon upon which the appeal IS filed (Ord No 948,Ord No 972, 511, Ord No 1047, 53)" Page 2 D\ \ZT A\Rqs.o ace.... . Planmng Comml:s.slon ResolutIon No 95-22 September 6. J 995 . 3. Article 275 SectIOn 28-2757 of Chapter 28 of The Code ofthe CltV of Seal Beach IS hereby amended to read "Section 28-2757 NotlCes Notice of time and place ofpubhc heanngs to conSider adoptIOn of the development agreement shall be given an the following manner (1) Notice of the heanng shall be maIled or dehvered at least 10 days prior to the heanng to the owner of the subject real property or the owner' duly authonzed agent, and to the project apphcant (2) Notice of the heanng shall be maIled or dehvered at least 10 days pnor to the heanng to each local agency expected to prOVIde water, sewage. streets. roads. schools. or other essential faclhtles or selV1ces to the project, whose ability to prOVide these faclhtles and serv1ces may be slgmficantly affected (3) NotIce of the heanng shaU be mailed OT dehvered at least 10 days pnor to the heanng to all owners of real property as shown on the latest equahzed assessment roll and to all addresses wlthm 300 feet of the real property that IS the subject of the heanng (4) Notice of the heanng shall be pubhshed m a newspaper of general Circulation not less that ten days before the heanng date Notice as prOVIded herem shall be gIVen m addition to any notice required for actions conSidered concurrently With the development agreement (Ord No 1247. Sl)" PASSED, APPROVED AND ADOPTED by the Planrung CommiSSIOn of the City of Seal Beach at a meetmg thereof held on the 4th day of October, 1995, by the followmg vote AYES CommiSSIOners Brown. Campbell. Dahlman NOES CommiSSIOners Law, Sharp ABSENT CommlsslOners '-JJefX,;":ol:. {' nl-~ Patncla E Campbell. Chalrpers n Planmng Comnusslon . _ e Ittenberg, Secretary Planmng CommiSSion * * * * Page 3 D\ \ZTA\R~ OCCl-