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Home My WebLink AboutPC Res 04-44 - 2004-08-18 RESOLUTION NO. 04 - 44 ORICI. . , , I . , 'I..... A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROV AL OF ZONE CHANGE 04- 1, REGARDING THE RESIDENTIAL LOW DENSITY 5000 (RLD 5000) AND RESIDENTIAL LOW DENSITY 3000 (RLD - 3000) ZONING AREAS WITHIN THE CITY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City is proposing the creation of Residential Low Density - 5000 (RLD - 5000) and Residential Low Density - 3000 (RLD - 3000) zoning designations to clearly differentiate the substantially different requirements for development of the "Bridgeport" area of the City from the remaining low density residential areas of the City, and has prepared Zone Text Amendment 04-3 to accomplish this. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ ILB of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zone Change 04-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to Section 15305 - Minor alterations in land use limitations in areas with an average slope less than 20%, which do not result in any changes in land use or density; and Section 15061(b)(3) - Review for Exemptions, because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the enviromnent. Section 3. A duly noticed public hearing was held before the Planmng Commission on August 18,2004 to consider the related Zone Text Amendment 04-3 and Zone Change 04-1. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said zone text amendment and zone change. Section 4. The record of the hearings indicates the following: (a) The current RLD District II development standards (Bridgeport) do not comport with the standards established by the City Council adoption of PP-1-66, and the subject properties have been developed in accordance with the provisions of PP-I-66. Bridgeport/Suburbia does not have garages on the front; they are located off alleys to the rear of the properties. The District II regulations only contemplate a front-entry or side- entry garage. All of the residences in Bridgeport/Suburbia are built with a zero lot line on one side of the property, while the District II regulations do not allow this situation to exist. (b) On July 7,2004 the Planning Department staff conducted their third Public Information Meeting regarding the issue. At this meeting a "Fmal Draft Residential Low Density 3000" zoning classification and proposed development standards was presented to the neighborhood and responses to questions were provided both written and. Based on the input from the neighborhood, staff determined to proceed with the required public hearings to implement the necessary changes to the Zoning Ordinance and Zoning Map to address the development standards inconsistency that exist with the current zoning Ordinance standards as applied to the Bridgeport area. - (c) The "Residential Low Density 3000" zoning classification and proposed development standards closely adhere to the standards establIshed by Precise Z \My Documents\RESO\ZC 04-1 PC Reso doc\LW\08-14-04 Planning CommISSIOn ResolutIOn 04-44 Zone Change 04-1 RLD - 5000 and RLD - 3000 Zoning Changes August 18, 2004 Plan 1-66 and the applicable CC&Rs for each tract within the Bridgeport Area (Tracts 6345, 6346 and 9814). To ensure that future Planning Department and Building Department staff, and the future owners of properties in Bridgeport have a clear indication in the Zoning Ordinance as to the required development standards that are applicable to each tract, a separate table is incorporated into the zoning ordinance that sets forth the major development standards imposed either by Precise Plan 1-66 or the applicable CC&R documents. (d) The Planning Commission has determined to recommend adoption of Zone Text Amendment 04-3, relating to the creation of both a Residential Low Density - 5000 (RLD - 5000) Zone and a Residential Low Density - 3000 (RLD - 3000) Zone to the City Council through the adoption of Planning Commission Resolution 04- 43. (e) It is necessary and appropriate to establish both a Residential Low Density - 5000 (RLD - 5000) Zone and a Residential Low Density - 3000 (RLD - 3000) Zone to clearly differentiate the substantial differences in development standards between the proposed zoning designations. The Residential Low Density - 3000 (RLD - 3000) Zone includes that portion of the city commonly known as Bridgeport, and consists of Tract 6345, Tract 6346 and Tract 9814. The Bridgeport area does not have garages on the street front; they are located off alleys to the rear of the properties. All of the residences in Bridgeport are built with a zero lot line on one side of the property (f) The remaining Residential Low Density zoned areas of the city, proposed to now be designated Residential Low Density - 5000 (RLD - 5000) comprise those areas of the city commonly known as "College Park East", College Park West", the "Hill", and the "Gold Coast". These areas do not have alleys and garages are located off of the public streets and zero lot line homes are not permitted in these areas of the City. Section 5. Based upon substantial evidence in the record of the Planning Commission hearings regarding the application, including the facts stated in ~ 4 of this resolution, and pursuant to ~~ 28-2600 and 28-2602 of the City's Code, the Planning Commission hereby finds that Zone Change 04-1 will be beneficial to the short term and long term land use goals of the City of Seal Beach. The Planning Commission further finds that approval of the subject applications will promote the public health, safety and welfare. Therefore, the Planning Commission finds that the requested Zone Change will be in the public interest, and makes the following findings of fact: (a) The proposed Zone Change will conform land uses to the goals and policies of the Land Use Element for the subject areas of the City and clearly differentiate the substantially different development standards for properties located in the subject zoning classifications of the proposed Residential Low Density - 5000 (RLD - 5000) Zone and the Residential Low Density - 3000 (RLD - 3000) Zone. (b) The proposed Zone Change will not be detrimental to the short term or long-tenn goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The proposed zone change is consistent WIth the General Plan, and the Zoning Ordinance of the City, as amended by Zone Text Amendment 04-3. (c) The proposed Zone Change will clearly differentiate the substantially different requirements for development of the "Bridgeport" area of the City from the remaining low density residential areas of the City. Section 6. Based on the foregoing Sections I through 5, the Planning Commission hereby recommends that the City Council approve Zone Change 04-1, to change the zoning designations on the Zoning Map of the City of Seal Beach as indicated below: (a) All properties within Tract 6345, Tract 6346 and Tract 9814 are hereby designated Residential Low Density -3000 (RLD - 3000). ZC 04-1 PC Reso 2 Plannlllg ComllusslOn ResolutIOn 04-44 Zone Change 04-1 RLD - 5000 and RLD - 3000 Zonlllg Changes August 18. 2004 (b) All remaining properties designated as Residential Low Density (RLD) are hereby designated Residential Low Density - 5000 (RLD - 5000). Section 7. Based upon the foregoing Sections 1 through 6, the Planning Commission hereby recommends that the City Council approve Zone Change 04-1 as set forth on Exhibit A, attached to this resolution and incorporated herein. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18th day of August , 2004, by the following vote: AYES: Commissioners DEATON, LADNER, ROBERTS, SHANKS, AND SHARP NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners J es Sharp hairman of the Planning Commission ZC 04-1 PC Reso 3 Planlllng CommISSIOn ResolutIOn 04-44 Zone Change 04-1 RLD - 5000 and RLD - 3000 Zomng Changes August 18, 2004 "EXHIBIT A" ZC 04-1 PC Rc~o ORDINANCE NUMBER , AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 04-1 (RESIDENTIAL LOW DENSITY 5000 (RLD - 5000) AND RESIDENTIAL LOW DENSITY 3000 (RLD - 3000) ZONING AREAS) 4 Planlllllg CommissIOn ResolutIOn 04-44 Zone Change 04-1 RLD - 5000 and RLD - 3000 Zomng Changes August 18, 2004 ORDINANCE NUMBER AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 04-1 (RESIDENTIAL LOW DENSITY 5000 (RLD- 5000) AND RESIDENTIAL LOW DENSITY 3000 (RLD-3000) ZONING AREAS) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section I. The City is proposing the creation of Residential Low Density - 5000 (RLD - 5000) and Residential Low Density - 3000 (RLD - 3000) zoning designations to clearly differentiate the substantially different requirements for development of the "Bridgeport" area of the City from the remaining low denSIty residential areas of the City, and has prepared Zone Text Amendment 04-3 and Zone Change 04-1 to accomplish this. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ H.B of the City's Local CEQA Guidelines, staff has detennined as follows: The application for Zone Change 04-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to Section 15305 - Minor alterations in land use limitations in areas with an average slope less than 20%, which do not result in any changes in land use or density; and Section 15061(b)(3) - Review for Exemptions, because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held before the Planning Commission on August 18, 2004 to consider the proposed zone change. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said revised applications. The Planning Commission detennined to recommend approval of Zone Change 04-1. Section 4. On public hearing to consider Zone Change 04-1. ,2004, the City Council conducted a Section 5. Based upon the foregoing, the City Council hereby finds, inter alia: (a) The proposed Zone Change will conform land uses to the goals and policies of the Land Use Element for the subject areas of the City and clearly differentiate the substantially different development standards for properties located in the subject zoning classifications of the proposed Residential Low Density - 5000 (RLD - 5000) Zone and the Residential Low Density - 3000 (RLD - 3000) Zone. (b) The proposed Zone Change will not be detrimental to the short term or long-term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The proposed zone change is consistent with the General Plan, and the Zoning Ordinance of the City, as amended by Zone Text Amendment 04-3. ( c) The proposed Zone Change will clearly differentiate the substantially different requirements for development of the "Bridgeport" area of the City from the remaining low density residential areas of the City. ZC 04-1 PC Reso 5 Planlllng COl7l1l1lSSlOn ResolutIOn 04-44 Zone Change 04-1 RLD - 5000 and RLD - 3000 Zomng Changes August 18, 2004 Section 6. Based on the foregoing Sections I through 5, the City Council hereby adopts Zone Change 04-1 and amends the Zoning Map of the City of Seal Beach as follows: (a) All properties within Tract 6345, Tract 6346 and Tract 9814 are hereby designated Residential Low Density -3000 (RLD - 3000). (b) All remaining properties designated as Residential Low Density (RLD) are hereby designated Residential Low Density - 5000 (RLD - 5000). PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of ,2004. Mayor Attest: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office ofthe City Clerk, introduced at a meeting held on the day of , 2004, and passed, approved and adopted by the CIty Council of the City of Seal Beach at a meeting held on the day of , 2004 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk ZC 04-1 PC Reso 6