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HomeMy WebLinkAboutPC Res 97-09 - 1997-05-21 RESOLUTION NUMBER 97-!L- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROV AL OF ZONING TEXT AMENDMENT 97-1, AMENDING SECTION 28-40 I (2)(b) TO AMEND THE PERMITTED INTRUSIONS INTO REAR YARD SETBACKS IN THE RESIDENTIAL LOW DENSITY (RLD) ZONE OF PLANNING DISTRICT I THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section I At its meetmg of May 7, 1997, the Planning Comml~slon considered and approved Zoning Text Amendment 97-1 ThiS amendment would change Section 28-40 I (2)(b) of the Code of the CIty of Seal Beach to amend the penmtted intrusions into rear yard setbacks in the Residential Low Density (RLD) zone of Planning District I (the Gold Coast) Specifically, the zomng text amendment would allow eave~ to extend beyond the currently permitted 2 foot rear yard intruSion to 5 feet and would reduce the allowed rear yard mtruslon for balconies and decks at the rooflevel from thc currently penmltcd 10 feet to 5 feet Section 2 Pursuant to 14 Calif Code of Regs * 15305 and * 1113 of the CIty's Local CEQA Guidelines, staff has detellllmed as follows The apphcatlon for Zomng Text Amendment 97-1 is categoncally exempt trom review pUlsuant to the Cahforma EnVironmental Quality Act pursuant to 14 Calif Code of Regs * 15305 (Mmor Alterations in Land Use LImitations), because It consists ofmmor altcrations inland use IlIllitallons m averagc slope ofless than 20% and does not result 10 any changes 10 land use 01 den~lty, and, pursuant to ~ 1506 I (b)(3), because it can be seen With certamty that thcle is no POSSlblhty that the approval may have a significant effect on the environment Section 3 A duly notlccd public hearing was held by the Planmng Commission on May 7, 1997, to conSider Zone Text Amcndment 97-1 Section 4 The record of the heanng of May 7, 1997 indlcate~ the followmg (a) At said pubhc healing thele was 01 al and wlltten tesllmony and evidence received by the Planning Commission (b) The proposed text amendment Will revl~e the City's zoning ordmance and enhance the ability of the City to ensure orderly and planned dcvelopmcnt in the City through an amendment of the zoning requirements (c) The proposed text amendment Will c1ani)r an apparent inconsistency of the Code which allows balconies and decks to ovel hang 10 feet mto the I ear yard ;etback but allows eaves to overhang only 2 fcet (d) The Planlllng Commi~~ion believes a 10 foot overhang of any type at the rooflevel is inappropnate due to aesthetics and potentral impacts on adjacent properties However, a 5 foot overhang for eaves or balcollles IS appl Opl mte along the beach Side elcvatlOn of these properties (e) Planmng CommiSSion review of requests ttlr eaves or balcomes to eJo.tend between 2-5 feet 1Oto the rear yard setback will allow for public notice to adJacent property owners SectIOn 5 Based upon the facts contamed m the record, mcluding those stated in ~4 of this resolution and pursuant to ** 28-2600 ofthc Cny's Codc, the Planning CommiSSion makes the following findings (a) Zoning Text Amendment 97-1 IS consl;tent With the prOVisions of the various elements of the City's General Plan Accordingly, the proposed use is consistent with the General r Plmllllll}!. ('0111111I\,\1011 Re\OluflOn No 97-~ Mav 11.1997 Plan The proposed amendment is adm10lstrahve 111 nature and will not result in changes inconsistent with the existing provisions of the Genel al Plan (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 111 the CIty through an amendment of the zoning requirements Specifically, permitted balcony overhang at the rooflevel will be reduced from 10 feet to a maximum of 5 fect, subJect to Planmng C0I11Imssion review and approval (c) The proposed text amendment will clarity an apparent inconsistency of the Code which allows balcomes and decks to overhang 10 feet 1I1to the rear yard sctback but allows eaves to overhang only 2 feet It will allow a uniform rooflevel overhang for balcomes and eaves Section 6 Based upon the foregomg, the Planmng Commi,sion hereby recommends approval ofZomng Text Amcndment 97-1 to thc City Council subject to the following 1. Article 4 Subparagraph (b) ofPalagraph (2) of Section 28-401 of Chapter 28 of The Code of the City of Seal Beach is hereby amended to read (2) ProVISions varying by Distnct (b) Yard DimenSions (m1Onnum) "Rear Yard Not Abutt1l1g Street- District I 96 ft (I) Balcony/deck and walkway may extend ten (10) feet into this yard to the second floor level (from street) Above the second floor level, balcony/deck and eaves may extend up to five (5) feet, subject to Planmng CommiSSIOn approval of a con,ent calendar plan review" (2) PASSED, APPROVED AND ADOPTED by the Planning COlllllllsslon of the City of Seal Beach at a meeting thereof held on the 21" day of May, 1997, by the followmg vote Brown, Hood, Law, Sharp, Yost AYES Commissioners NOES CommiSSioners ABSENT Commissioners ~. Bn, Brown, MD Challman of the Plann1l1g Commission * * '* Ie Page 2 0'\ '\ZoNINGTExTAMENDMENTS'\97.' RE<iOUJTloN BCse