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HomeMy WebLinkAboutPC Res 97-08 - 1997-05-07 : RESOLUTION NUMBER 97-~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 97-2, AMENDING SECTION 28-2317 MODIFY LIST OF NON-HABITABLE ARCHITECTURAL FEATURES PERMITTED TO EXCEED THE HEIGHT LIMIT THROUGH THE HEIGHT VARIATION PROCESS THE PLANNlNG COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section I At Its meet10g of May 7, 1997, the Planmng Commission considered and approved Zoning Text Amendment 97-2 ThiS amendment would change Section 28-23I7(4)(A) of the Code of the City of Seal Beach to allow "covered access to open roof decks" as a permitted non-habitable architectural tt~atUl e allowed to exceed the height IlImt under the height variations section of the Code ThiS Will replace "covered stairwell,\ to open roof decks" currently permitted This amendment IS 10tended to address other means of access ;uch as elevators, which are sometimes needed to allow di~abled access Section 2 Pursuant to 14 Cahf Code of Rcgs * 15305 and * II B of the CIty's Local CEQA Guidelines, staff has determmed as follows The applicalton for Zoning Text Amendment 97-2 is categoncally exempt from revIew pursuant to the Califorma EnVironmental Quality Act pursuant to 14 Calif Code of Regs * 15305 (Minor Alteraltons 10 Land Use Limitations), because it consists of minor alterations m land use hmitations in average ~Iope ofless than 20% and does not result in any changes m land use or density, and, pursuant to ~ Is061(b)(3), because it can be seen With certa10ty that there is no posslblhty that the approval may have a significant effect on the environment Seclton 3 A duly noticed public hearing was held by the Planmng Commission on May 7, 1997, to consider Zone Text Amendment 97-2 Section 4 The record of the hearing of May 7, 1997111dlcates the followmg (a) At saId pubhc heanng there was oral and WI itten testllnony and eVidence received by the Plann10g CommISSion (b) The proposed text amendment willlevlse the City's zomng ordmance and enhance the ability of the City to ensure ordelly and planned development 111 the City through an amendment of the zoning requirements (c) Other means of reaching an open roof deck, such as an elevator, Will have the same effect as a stairwell and will be reqUired to be constructed withm the ~ame permiSSible envelope as permitted for a covered stairwell (d) The proposed text amendment will c1anfy eXisting text to allow equal opportunities for disabled persons to access roof decks wlth10 the City Section 5 Based upon the facts cunta10ed m the lecord, 1I1c1ud1l1g those stated in *4 of this resolution and pursuant to &* 28-2600 ofthc City's Code, the Planmng Commi;slon makes the following find10gs (a) Zoning Text Amendment 97-2 IS con~l>tent With the proviSIOns of the vanous elements of the City's General Plan AccOldingly, the proposed use IS consistent With the General Plan The proposed amendment is admlmstratlve 111 nature and Will not re;ult in changcs inconsistent with the eXlstmg prOVisions of the General Plan (b) The proposed text amendmcnt willlevlse the City's zoning OIdmance and enhance the ability of the City to en;ure orderly and planned dcvelopment m the City through an -. I'lanJlIII~ ("01111111\\1011 Re\o/ullOn No 97-~ Mav 7, 1997 amendment of the zomng requirements (c) Other means of reaching an open roof deck, such as an elevator, wIll have the same effect as a stairwell and will be I equired to be con~tructed wltlun the same permis;ible envelope as permItted for a covered stairwell (d) AlIowll1g other means of access to a roof deck, such as an elevator, will cleate equal opportunities for disabled persons to access roof decks Section 6 Based upon the foregoll1g, the Planning Commission hereby recommends approval of Zoning Text Amendment 97-2 to the City Council subject to the following 1. Article 23 Subparagraph A of Paragraph (4) of SectIOn 28-2317 of Chapter 28 of The Code of the City of Seal Beach IS hereby amended to read "A Scope Non-habitable architectural features, such as spires, towers, cupolas, belfries, monuments, parapets (not required by Uniform BUlldll1g Code), domes and covered access to open roof decks may exceed the height limit established for the dlstnct 111 which such structure IS located to a maximum of7 feet If granted pursuant to the plOcedures contall1ed in this section" PASSED, APPROVED AND ADOPTED by the Planmng CommissIOn of the City of Seal Beach at a meetll1g thereof held on the 7th day of May, 1997, by the followmg vote AYES Commissioners Brown, Hood, Law, Sharp NOES CommiSSIOners ABSENT CommiSSioners Yost 'h Blla Brown, MD Chal man of the Planning Comml~Slon ~/{~~ 0ee Whittenberg ~~ Secretary of the Planning Commis~ *' * * * Page 3 D \. \.ZONING: TEXT AMENDMENT'S\97 2 RESOumON Be Be