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HomeMy WebLinkAboutPC Res 97-52 - 1997-12-17 ( .. . - RESOLUTION NUMBER 97-52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 97-4, AMENDING SECTION 28-400(BXl) TO ALLOW EXTERIOR ST AIRWAYS TO THE SECOND FLOOR ON SINGLE FAMILY DWELLINGS IN THE RLD ZONE OF PLANNING DISTRICT V WHERE THE DWELLING HAS AN EXISTING SECOND FLOOR KITCHEN THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE SectIon 1 At its meetmg of December 17, 1997, the Planmng CommIssion consIdered and approved Zoning Text Amendment 97-4 ThIS amendment would change Section 28-400(b )(1) of the Code of the CIty of Seal Beach to allow extenor stlllrways to the second floor on smgle famlly dwellings in the RLD zone of planning dlstnct v where the dwelhng has an eXIsting second floor kItchen SectIOn 2 Pursuant to 14 Calif Code of Regs ~ 15305 and ~ IT B of the CIty's Local CEQA GuIdelInes, staffhas determmed as follows The applicatIon for Zomng Text Amendment 97-4 IS categoncally exempt from review pursuant to the CalIfornia Envlfonmental Quality Act pursuant to 14 Calif Code of Regs ~ 15305 (MInor AlteratIons m Land Use LimItatIons), because it consists ofmmor alterations in land use limItatIons in average slope ofless than 20% and does not result m any changes m land use or denSIty, ~ 15268 (MImsterlal Projects) because the proposed zomng text amendment IS mimsterlal m nature, and, pursuant to ~ 1506 I (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 SectIon 3 A duly noticed pubhc hearing was held by the Plannmg CommISSIOn on December 17, 1997, to conSIder Zone Text Amendment 97-4 Section 4 The record of the heanng of December 17, 1997 mdlcates the followmg . (a) At said public heaTIng there was oral and wntten testImony and eVIdence receIved by the Plannmg CommiSSIon (b) The proposed text amendment WIll revise the CIty's zomng ordmance and enhance the abilIty of the CIty to ensure orderly and planned development m the CIty through an amendment of the zomng requIrements (c) Certam properties m the RLD zone of Planning DIstrict V were ongmally constructed with second floor kItchens The prohIbItIon agamst extenor staIrcases to the ground level creates a hardshIp on these propertIes Section 5 Based upon the facts contlllned m the record, mcludmg those stated m ~4 oftlus resolutIon and pursuant to ~~ 28-2600 of the CIty'S Code. the Planmng CommISSion makes the follOWIng findmgs (a) Zomng Text Amendment 97-4 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 admlDlstratlve in nature and WIll not result in changes mconslstent with the exIstmg proviSIOns of the General Plan (b) The proposed text amendment WIll revIse the CIty's zomng ordmance and enhance the abIlIty of the City to ensure orderly and planned development in the CIty through an amendment of the zomng requirements SpecIfically, the CIty will have a mechamsm for allowmg extenor stairways on properties WIth existmg second floor kitchens , - , Planmng CoIDIDISSIOD ResoluUon No 97-52 December 17,1997 Section 6 Based upon the foregomg, the Planmng CommIssIon hereby recommends approval ofZomng Text Amendment 97-4 to the City CouncIl subject to the followmg 1. ArtIcle 4 Paragraph (1) of Subsection (B) of Section 28-400 of Chapter 28 of The Code of the CltV of Seal Beach is hereby amended to read "B Prohibited Uses (single-famllv dwellings) (I) Extenor stlllrways 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 Umform BUlldmg Code Excepting such stairways may be peTffiltted through the bulldmg peTffilt process in Planmng DIstrict V on properties with a second story kItchen eXIsting as of the effective date of tlus ordmance In such a case, a covenant shall be recorded on the Title of the property stIpulating the property is to be used only as a smgle-famlly dwelling However, extenor stlllrways may be permItted on single-family dwelhngs located WIthin identified flood zones upon approval ofa consent calendar plan review by the Planning CommissIon >> PASSED, APPROVED AND ADOPTED by the Planning CommIssIon of the CIty of Seal Beach at a meetmg thereof held on the 17th day of December, 1997, by the following vote AYES CommiSSIoners Brown, Larson, Yost NOES CommiSSIoners ABSENT Commissioners Law, Hood B Brown, ChaIrman of the Planmng CommiSSion *.*.