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Home My WebLink AboutPC Res 96-08 - 1996-04-03 . . RESOLUTION NUMBER 96-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 96-4, AMENDING SECTIONS 28-701 AND 28-802 TO CHANGE SIDE SETBACKS ABUTTING AN ALLEY FROM 4 FEET TO 15% OF THE LOT WIDTII ESTABLISHING SETBACK REQUIREMENTS FOR A GARAGE ABUTTING A SIDE ALLEY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE SectIon 1 At Its meeting of Apnl 3, 1996, the Planning CommIssion considered and approved Zomng text Amendment 96-4 ThIS amendment will Sections 28-701 and 28-802 to change SIde setbacks abutting an alley from 4 feet to 15% of the lot WIdth establishIng setback requIrements for a garage abutting a Side alley SectIOn 2 Pursuant to 14 CalIf Code of Regs ~ 15305 and ~ II B of the CIty's Local CEQA Guidelines, staff has determined as follows The application for Zomng Text Amendment 96-4 IS categoncally exempt from reVIew pursuant to the CalifornIa EnVironmental QUalIty Act purSllant to 14 CalIf Code of Regs ~ 15305 (Minor AlteratIOns In Land Use Limitations), because It consIsts ofm1Oor alteratIons In land use limItatIons In average slope ofless 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 certainly that there IS no POSSIbility that the approval may have a slgmficant effect on the enVIronment SectIon 3 A duly noticed public hearing was held by the Planmng CommIssion on Apnl3, 1996, to conSIder Zone Text Amendment 96-4 Section 4 The record of the heanng of Apnl 3, 1996 indicates the follOWing (a) At satd public heanng there was oral and wntten testimony and eVidence received by the Planmng 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 a simplificatIon of the zoning requrrements (c) The proposed text amendment Will correct an apparent ineqUIty In the CIty Code whereby lots abutting a SIde alley are required a four (4') Side setback along the alley and lots abutting a side street are required a Side setback of 15% of the lot WIdth on the street Side TIns Situation results in a greater setback for 25 foot WIde propertIes abutting an alley but a lesser setback for WIder lots abutting a Side alley when compared to a property abutting a Side street (d) There IS no clear rationale for the dlscrepency In Side setbacks for properties abutting a side street or side alley (e) The flat four (4') foot Side yard setback does not address desrred turning radIUS for accessing garages off of SIde alleys Section 5 Based upon the facts contained In the record, including those stated In ~4 oftlus resolution and pursuant to ~~ 28-2600 of the CIty's Code. the Planning ComrrusslOn makes the following findings (a) Zomng Text Amendment 96-4 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 amendment IS admInistrative In nature and Will not result In changes inconSistent with the exIsting proviSions of the General Plan D' \ZoNINGlTExr AMENDMENT-'9&4 RDouI11ON Be BC Planmng CommISsIOn ResolutIOn No 96-8 April 3, 1996 (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 In the CIty through a simphfication of the zoning requIrements Specifically, SIde setbacks Will be the same for smular the situations of propertIes abutting a side alley or SIde street (c) The proposed text amendment WIll correct an apparent ineqUIty In the City Code whereby lots abutting a Side alley are reqUIred a four (4') SIde setback along the alley and lots abuttIng a side street are requIred a SIde setback of I 5% of the lot WIdth on the street Side This situatIon results in a greater setback for 25 foot wide propertIes abutting an alley but a lesser setback for WIder lots abutting a SIde alley when compared to a property abutting a Side street (d) The proviSion of specific setbacks for garages abutting a Side alley Will address desired tummg radius for accessing garages off of Side alleys This WIll allow proper access of side garages off of alleys and reduce the need to infhnge on nelghbonng properties when accessing such garages SectIon 6 Based upon the foregoing, the Planmng COIIllIllSSlon hereby recommends approval ofZomng Text Amendment 96-4 to the CIty Council subJect to the follOWIng 1. ArtIcle 7. Paragraph (d) of Subsection (2) of Section 28-701 of Chapter 28 of The Code of the CIty of Seal RP.llch is hereby amended to read: "(d) Yard DImensions (minimum) Yard Abutting Street Dlstnct I Front Side 12 ft 15% lot WIdth, 10 ft max required * District II Front Side Rear 18 ft 15% lot WIdth, 18 ft max required 18 ft Yard Abutting Alley District I Side Rear 15% lot WIdth, lOft max reqUIred * 24 ft mInus WIdth of alley (ex 9 ft abutting a 15ft alley) Garage Abutting Side Alley 24 ft minus Width of alley (Width of garage only) (ex 9 ft abutting a 15ft alley) Distnct II SIde Rear Oft Oft Yard Not Abutting Street or Alley Dlstnct I SIde Rear 10% lot WIdth 3 ft mIn, 10 ft max required ** 5ft Dlstnct II SideIFront Rear 10"10 lot Width, 5 ft mln, 15 ft max required Oft Page 2 D \ \ZoNJNGJ TExr AMENDMENT8\9&4 RIi:soUmON Be Be Planmng CommISSion ResolutIOn No 96-8 April 3, 1996 * Exception On lots of less than thirty-seven and a halffeet (37 5') In WIdth, an encroachment into the exterior sIde yard for the length of the reqUired garage will be permitted prOVIded that a setback of three (3') feet IS malntamed The Intent ofthts proviSIOn is to provide an Intenor garage WIdth of eighteen (18) feet .. Exception Reverse comer lots three (3) feet mImmum requIred" 2. Article 8. SubsectIon (2) of Section 28-801 of Chapter 28 of The Code of the CIty of Seal Beach is hereby amended to read: "Yard Dimensions (mInimum) Yard Abutting Street Distnct I Front SIde Rear 12 ft average /6 ft mImmum 15% lot WIdth, 10 ft max reqUIred * Oft DIstricts II, VI Front Side Rear 18 ft 15% lot WIdth, 10' max reqUIred 18 ft Yard Abutting Alley Dlstnct I SIde Rear 15% lot Width, lOft max reqUired * 24 ft minus WIdth of alley (ex 9 ft abutting a 15 ft alley) Garage Abutt10g SIde Alley 24 ft mmus Width of alley (Width of garage only) (ex 9 ft abutting a 15 ft alley) Distnct II SIde Rear 4ft 24 ft minus WIdth of alley (ex 9 ft abutting a 15 ft alley) Distnct VI SIde Rear Oft 18 ft Yard Abutting Seal Way Distnct I Oft Yard Not Abutting Street or Alley Distnct I Side Rear 10% lot WIdth 3 ft mln, 10ft max required" 3ft DIstricts II, VI Side Rear 1 0"/0 lot Width, 5 ft mln, 10 ft max reqUired 18 ft * Exception On lots ofless than thtrty-seven and a halffeet (37 5') In Width, an encroachment into the extenor SIde yard for the length of the requIred garage will be pernutted prOVIded that a setback of three (3') feet IS maintained The intent ofthts prOVISIon is to prOVIde an Interior garage width of eighteen (18) feet Page 3 D \ \2DNJNGTExT AMENDMENTS\'" REBOWnON Be Be Planmng CommISsIOn ResolutIOn No 96-8 April 3, 1996 ** Exception Reverse comer lots three (3) feet mlmmum reqUired" PASSED, APPROVED AND ADOPTED by the Planmng Comrrusslon of the City of Seal Beach at a meetmg thereof held on the 3rd day of April, 1996, by the followmg vote AYES Commissioners BroWll, Campbell, Dahlman, Law NOES CommissIOners ABSENT Comrrussioners Sharp 'fJ oJx:daJ Patncla E Campbell, Planmng CommIssIon ti! ftl~ . Whittenberg, S~ Planmng ComrrusslOn * It 1t * Page 4 D \ \ZONINtJTDT AMENJMENT8\9&4 RIllsoLJJ'nON Be Be