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HomeMy WebLinkAboutPC Res 02-42 - 2002-10-23 OR\G\NAl RESOLUTION NUMBER 02-42 A RESOLUTION OF THE PLANNING GOMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO TI-IE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 02-1, AMENDING THE PROVISIONS . REGARDING RETAINING WALLS WITHIN THE CITY TI-IE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. At its meeting of October 9, 2002,the Planning Commission considcred and approved Zone Text Amendment 02-1. This amendment would establish height limits and landscape requirements for retaining walls in order to ensure that such walls do not impair the aesthetic enviromnent of the community. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zomng Text Amendment 02-I is categorically exempt from review pursuant to thc California Environmelltal Quality Act pursuant to I4 Calif. Code of Regs. ~ 15305 (Minor Alterations m Land Use Limitations), because it consists of minor alterations ill land use limitations in average slope of less than 20% and docs not result in any changes in land use or density; ~ 15268 (Ministerial Projects) bceause the proposed zoning tcxt amendment is ministcrial in nature; and, pursuant to ~ 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on thc environment. Scetion 3. A duly noticed public hearing was held by the Planning Commission on October 9, 2002 to consider Zone Text Amendmcnt 02-1. Section 4. The record of the hearing of October 9, 2002 indicates the following: (a) At said public hearing there was oral and writtcn testimony and evidence received by the Planning Commission. (b) The proposed text amendmcnt will revise the City's zoning ordinance and enhancc the ability of the City to ensure orderly and planned dcvelopment in the City through an amendment of thc zoning requirements. (c) Currently the City's zoning ordinance does not limit the height of retaining walls. However, the zoning ordinance does limit the height of fences, walls, hedges or scrccn plantings placed on a retaining wall. This amendment would establish height limits and landscapc rcquirements for retaining walls in order to ensure that such walls do not impair the aesthetic enviromnent of the community. Scction 5. ' Based upon the facts contained in the record, illcluding those stated in *4 of this resolution and pursuant to ~~ 28-2600 of the City's Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 02-1 is consistent with the provisions of the various elements of the City's Gencral Plan. Accordingly, the proposed use is consistent with the General Plan. Thc proposed 1 PICIIl11l11g ResolutIOn 02-42 Zone Text Al11elldmellf 02-1 Retamlllg Walls October 23. 2002 (b) amendment is administrative in nature and will not result in changcs inconsistcnt with the existing provisions of the General Plan. (c) Thc proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned developmcnt in the City through an amendment of the zoning rcquirements. Specifically, the City's zoning ordmance currently does not limitlhe height of retaining walls. However, the zoning ordinance does limit the height of fences, walls, hedges or screcn plantings placed on a retaining wall. This amendment would cstablish height limits and landscape requirements for relaining walls in order to ensure that such walls do not impair the acsthetic environmcnt of the community. Section 6. Based upon the forcgoing, the Planning Commission hereby recommends approval of Zoning Texl Amendmcnt 02-1 to the City Council as set forth in thc draft ordinance attach cd as Exhibit A to this resolution and incorporated herein. PASSED, APPROVED AND ADOPTED by the Planning Commission of thc City of Seal Beach at a meeting thereof hdd on the 231d day of October, 2002, by the following vote. AYES: Commissioners Hood, Ladner, Deaton, Sharp, Shanks NOES: Commissioners ABSENT: Commissioners ~l DaVId Hood, Ph.D., Chairman of the Plann'ng Commission &LW~ to? WhiUenb... Secretary of the Planning Commission 2