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HomeMy WebLinkAboutPC Res 01-01 - 2001-02-07 RESOLUTION NUMBER 01-1 A RESOLUTION OF TI-IE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 01-1, AMENDING SECTION 28-401 TO REDUCE THE FRONT YARD SETBACK ON PROPERTIES IN THE RLD, DISCTRICT V ZONE WHICH HAVE PRE-EXISTING DECKS WHICH EXTEND INTO THE FRONT YARD SETBACK AREA SO THAT THOSE PROPERTIES WILL BE ALLOWED TO ENCLOSE THE DECK AND CREATE HABITABLE LIVING SPACE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. At its meetings of January 17 & February 7, 200 I, 200 I, the Planning Commission considered Zoning Text Amendment 01-1. This amendment would reduce the required front yard setback on the second floor on those properties in the RLD, District V zone with pre-existing second floor decks. Section 2. Pursuant to 14 Calif. Code o[Regs. ~ 15305 and ~ II.B ofthe City's Local CEQA Guidclincs, statIhas determined as follows: The application for Zoning Text Amendment 0 I-I is categorically cxempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in land use limitations in average slope ofless than 20% and does not rcsult in any changes in land use or density; and, pursuant to ~ 15061(b)(3), because it can be seen with certainty that thcre is no possibility that the approval may have a significant effect on the enviromnent. Section 3. A duly noticed public hearing was held by the Planning Commission on January 17,2001 & February 7, 2001 to consider Zone Text Amendment 01-1. Section 4. indicates the following: The record of the hearings of January 17, 200 I & February 7, 2001 (a) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. (b) The proposed text amendment will revise the City's zoning ordinancc and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requircmcnts. (c) The proposed text amendment will require that the second floor front yard setback be reduced to allow the enclosure of an existing deck, when the deck encroaches into the front yard setback area. Section 5. Based upon thc facts contained in the record, including those stated in ~4 ofthis resolution and pursuant to ~~ 28-2600 of the City's Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 01-1 is consistent with the provisions ofthe various elements of the City's Gencral Plan. Accordingly, the proposed use is consistent with the General Plan. The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General 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 in the City through an amendment of the zoning requirements. Plall/llng CommMsion ResolutIOn No. 01- January 17,2001 Scction 6. Based upon the foregoing, the Planning Commission hcreby recommends approval of Zoning Tcxt Amendment 01-1 to the City Council subject to the following: 1. Article 4. Subsection (2) of Section 28-401 of Chapter 28 of The Code of the City of Seal Beach is hereby amended to read: "(b) Yard Dimensions (Minimums): Front Yard Abutting Strcet- District I,........................................... ....18 ft." District II,............................................ .18 ft, front entry Garage, lOft. sidc entry garage District V,............................................ .18 ft, front entry Garage, lOft. side entry garagc (1) Except where 2nd floor decks existing as of January 1, 2001 extend into the front yard setback area. In such situations, the second floor setback shall be the cdge of the existing deck. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thcrcofheld on the 7th day of February, 2001, by the following vote: A YES: Commissioners Chainnan Hood. Brown, Cutuli, Sharp, Lyon NOES: Commissioncrs ABSENT: Commissioners David Hood, Ph.D., Chao Planning Commission Page 3