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HomeMy WebLinkAboutPC Res 96-04 - 1996-03-20 , RESOLUTION NUMBER 96-4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING ZONING TEXT AMENDMENT 96-1, A REQUEST TO AMEND THE REAR YARD SETBACK REQUIREMENTS OF THE RESIDENTIAL LOW DENSITY ZONE, DISTRICT V, FOR PROPERTIES ABUTTING THE HELLMAN RANCH AND GUM GROVE PARK TO ALLOW DECKS TO BE CONSTRUCTED WITHIN THE 10 FOOT REAR YARD SETBACK THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 In September 1995, the CIty of Seal Beach proposed Zoning text Amendment 96-1 ThIs amendment was proposed to amend Section 28-401 of the Code to amend the rear yard setback reqUIrements of the ResIdential Low DenSIty zone, Dlstnct V, for properties abutting the Hellman Ranch and Gum Grove park to allow decks to be constructed Within the 10 foot rear yard setback ThIS amendment was Intended to address the rear yard slope In many of the back yards of property abutting the Hellman Ranch and Gum Grove Park Section 2 A duly noticed public heanng was held by the Planmng Commission on January 17, 1996, continued to February 21, 1996 and again to March 6, 1996, to conSider Zone Text Amendment 96-1 SectIon 3 The record of the heanngs on January 17,1996, February 21,1996 and March 6, 1996 indIcates the follOWing (a) At satd public heanng there was oral and wntten testimony and eVIdence receIved by the Planmng Commission (b) The text amendment proposes to allow decks to be constructed Within the current 10 foot rear yard setback for properties abutting the Hellman Ranch and Gum Grove park The amendment was proposed to address grade differential at the rear of many of the properties along CrestVIew Avenue, Catalina Avenue and Surf Place ( c) There IS a SIX (6 ') foot general utility easement located at the rear of the Manna Htll propertIes SectIOn 4 Based upon the facts contained In the record, including those stated In ~4 of this resolutIon and pursuant to ~~ 28-2600 of the CIty'S Code. the Planmng Commission makes the follOWing findings (a) The proposed text amendment allOWIng raIsed decks to be constructed at or near the rear property line would create adverse aesthetiC Impacts on adjacent propertIes Such unpacts would 10clude VIsual intrusions oflarge decks up to 28 feet In overall heIght Into the Gum Grove park nature area (b) AllOWing decks to be bUilt to the rear property line would create the posslbtlity for an inaccessible space where litter and weeds would accumulate Plant screemng of the decks would requIre some setback off of the rear property line (c) AllOWing decks to be bUilt as a level extension of the flat graded portIon of the lot could result In some decks exceeding 25 feet In height, greater than the allowable height for dwellings In thiS zone (d) The construction of structures In close proXImity to the City's utility easement at the rear of the property would not serve to protect the public health, safety and welfare D'\ '\7.0NINGTExT AMENDMEN'I'S'\9&1 REsOL.U'J1ON Be Be 11. Plannmg CommISSion ResolutIOn No 96-4 March 20,1996 Section 5 Based upon the foregomg, the Planrung Comnusslon hereby demes Zoning Text Amendment 96-1 and determmes to not to change the provIsions of SectIon 28-401 of the Code. PASSED, APPROVED AND ADOPTED by the Planmng CommissIon of the CIty of Seal Beach at a meetmg thereof held on the 20th day of March 1996, by the follOWIng vote Brown, Law, Sharp AYES ComnusslOners NOES Comnusmon~s Campbell, Dahlman ABSTAIN ComnusslOners )l9~i~~ Patncla E Campbell, Chlllrpers Planning CommissIon t1ft U~ - Wlnttenberg, Secretary / Planrung Comnusslon * * * * Page 2 o \. '\2oNJNo:TExT AMENDM&:Nrs\.9&1 REso1.U'I1ON Be Be