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HomeMy WebLinkAboutPC Res 01-30 - 2001-06-06 RESOLUTION NUMBER 01-30 A RESOLUTION OF THE PLANNING COMMISSION or TI-IE CITY OF SEAL BEACH FINDING THE PROVISIONS OF CITY COUNCIL ORDINANCES 700 AND 780 SHALL BE THE DETERMINING LAND USE DEVELOPMENT CONTROLS FOR RESIDENTIAL LOW DENSITY, PLANNING DISTRICT II DEVELOPMENT WHEREAS, In May, 2001 stan'was approached with a rcqucst Hum a property owner in BridgepOlllSuburbia to construct a ground floor addition to an existing residence at 330 Corsair; and WHEREAS, Thc subjcct property is located in the Residential Low Density (RLD) zone, Planning District 11; and WHEREAS, Staff then bcgan to rcsearch the issue further and found that there are three different development standards adopted by City Council ordinances relatmg to devclopmcnt standards for this area of thc City; none of which are consistent with each other; and WHEREAS, Precise Plan No. 1'1'-1-66 was approved by the Planning Commission on November 30, 1966 in conjunction with Commission approval of Zone Change CZ-1-66 and Tentative Tract Maps 6345 and 6346 (the subjcct pmperty is located within Tract 6346). The City Council subsequently adoptcd Ordinanee No. 700 on January 16, 1967; and WHEREAS, Ordinance No. 700 indicates the standards set for1h on Precise Plan No. PP-I-66 ". . . shall be considered an integral part of the zoning of said property." Prccise Plan No. PP-I-66 establishes diffcrent developmcnt standards for the subject propel1y than those establishcd in Section 28-401 of tile Code regarding propcrty within the RLD, District 11 zone; and WHEREAS, The cW'rent RLD District 11 development standards do not comport with the standards established by the City Council adoption of PP-I-66, and the subject properties have bcen developed in accordance with the provisions ofPP-1-66; and WHEREAS, The Riverti'ont Redevelopment Plan (the "Plan") was adopted by thc City Council on March 3, 1969 through the adoption of Ordinance No. 780. Section 500 of the Plan establishes pemliUed uscs and development standards for the areas subject to the Plan, and the Bridgeport/Suburbia area is located within Area 7 ofthe Plan; and WHEREAS, The currcnt RLD District II development standards do not compOl1 with the standards cstablished by the City Council adoption of the Riverfront Redevelopment Plan, and the subject properties have been developed in accordance with the provisions of PP-1-66 and the Riverfront Redevc10pment Plan; and WHEREAS, The rcsidcnccs within Bridgeport do not comply with thc RLD District II lot coverage provision of 45%, they do comply with thc Riverfront Redevelopment Plan provision of67% lot coveragc; and WHEREAS, Section 700 of the Riverfront Rcdcvelopment Plan discusses actions by the City that shall be undcrtakcn ". . . to ensure the conlilluedfitlfillment of the pll1poses of this Plan", and lists several types of actions. Sub-section C \My Documcnl.\RESOIBlIllgCllotl Delellnllt.llion PC Re,o uocILWI06-06-01 Planning Comllllss/(}/! Resolutron 01-30 n,.idgeport - Determlllatioll of D(!Velopment Sttlllda,.ds June 6, 2001 C states, "Revision of zoning within the Project Area to permit the land lIses and development authorized by this Plan"; and WHEREAS, City Staff and the City Attorney have diseussed these issues and rcvicwcd case law regarding the issue of inconsistency between an adopted Redevelopment Plan and an adopted Zoning Ordinance and thcrc arc cascs that supPOl1 the proposition that a redevelopment plan supersedes local zoning; and WHEREAS, The Planning Department is seeking a Planning Commission detennination that the provisions of City Council Ordinances 700 and 780 arc applicable to Residential Low Density, District n properties within thc City. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: 1. The current RLD District 11 development standards do not compOl1 with thc standards established by the City COllncil adoption of PP-1-66 and the Riverfront Redevelopment Plan, and the subjcct propelties have been developed in accordance with the provisions of PP-I-66 and the Riverfront Redevelopmcnt Plan. 2. Ordinanee No. 700 adopted PP-I-66, and indicates thc standards sct forth on Precise Plan No. PP-I-G6 ". . . shall be considered an illfegral part of the zoning of said property." 3. Section 700 of the Rivcrll'ont Redevelopmcnt Plan discusses actions by thc City that shall be undertaken ". . . to ensure the continued fulfillment of the plllposes of this Plan", and lists scvcral typcs of actions. Sub-section C states, "Revision oj zoning within the Project Area to permit the land uses and development authorized by this Plan". NOW, THEREFORE BE IT RESOLVED that the Plamling Commission of the City of Seal Beach does hereby find that the provisions of Ordinance 700 and 780 are applicable to Residcntial Low Dcnsity, District II propel1ies within the City and instmcts the Department of Development Services to institute a Zone Text Amcndmcnt to revise the provisions of the Zoning Ordinancc for thc BridgepolllSuburbia area to confonn to those standards establishcd by City Council Ordinances 700 and 780. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beaeh at a meeting thcrcof held on the 6th day of June , 2001, by the following vote: AYES: Commissioners BROWN, CUTULI, HOOD, LADNER, AND SHARP NOES: Commissioners NONE ABSTAIN: Commissioners NONE ABSENT: Commissioners NONE ~ David Hood, Ph.D. Chainnan, Planning BlIdgepol1 Dclenllll1allOll PC Rcsa 2