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HomeMy WebLinkAboutPC Res 05-16 - 2005-04-06 RESOLUTION NUMBER 05-16 O"p/Q ~( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 05-2, AMENDING SECTIONS 28-801 AND 28-2316 OF THE CODE OF THE CITY OF SEAL BEACH TO ALLOW COURTYARD WALLS AND FENCE/W ALL HEIGHT EXCEPTIONS BE CONSIDERED AND APPROVED BY PLANNING COMMISSION THROUGH MINOR PLAN REVIEW THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. At its meeting of April 6, 2005, the Planning CommiSSIOn considered Zoning Text Amendment 05-2. This amendment to the Code would allow courtyard walls and fence or wall height exceptions to be considered and approved by the Planning Commission through Minor Plan Review. 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 Zoning Text Amendment 05-2 is categorically exempt 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 of less than 20% and does not result in any changes in land use or density; 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 the environment. Section 3. A duly noticed public hearing was held by the Planning Commission on April 6, 2005 to consider Zone Text Amendment 05-2. Section 4. The record of the hearing April 6, 2005 mdicates the following: (a) At said public hearing there was oral and written testimony and eVIdence receIved by the Planning Commission. (d) 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. (c) The proposed text amendment will allow courtyard walls and fence or wall height exceptions to be considered and approved by the Planning Commission through Minor Plan Review. Section 5. Based upon the facts contained in the record, including 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 05-2 is consistent with the proviSIOns of the vanous elements of the City's General 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. Section 6. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 05-2 to the City Council in substantially the Page 1 of2 Planning CommIssIOn ResolutIOn No 05-15 Zoning Text Amendment 05-2 Courtyard Walls and Fence/HeIght ExceptIOns April 6, 2005 following form: 1. Subsection H of Section 28-801 of Chapter 28 of The Code of the City of Seal Beach is hereby amended, by deleting the paragraph following said subsection H: The Planning Commission may, by the issuance of a Conditional Use permit, approve modifications in the required front yard setbacks provided minimum setback of six feet is maintained. Consideration may be given to open courtyards, patios or other functional open space located on the lot. 2. Subparagraph (a) of subsection (I) of Section A, Specific Fence Provisions. Setback Requirements, of Section 28-2316 of Chapter 28 of The Code of the City of Seal Beach is hereby amended, deleting the following paragraph: Exception. Whenever a lot has a larger front yard setback than both adjoining lots, a wall, fence, hedge or screen planting not more than six (6) feet in height may be located in the front yard setback, provided that such encroachment does not exceed the greatest front yard setback existing on the adjoining lots. 3. Subparagraph (12) of subsection (B) of Section 28-2316 of Chapter 28 of The Code ofthe City of Seal Beach is hereby added to read: Courtyard walls with minimum 6 feet front setback and up to 6 feet in height and fence/wall height exceptions, including decorative features such as finials or arbors, may be permitted subject to minor plan review approval by the Planning Commission. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of April 2005 by the following vote: AYES: Commissioners Ladner, Deaton, Roberts, and Sharp NOES: Commissioners None ABSENT: Commissioners Shanks .~ Chairperson, Planning Commission ~~~ V Lee Whittenberg Secretary, Planning Commission **** Page 2 of2