HomeMy WebLinkAboutPC Res 10-12 - 2010-02-17RESOLUTION NUMBER 10 -12
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING TEXT AMENDMENT
10 -1, AMENDING AND REVISING SECTION
28- 2317.D, HEIGHT VARIATION FOR NON -
HABITABLE ARCHITECTURAL FEATURES, TO
ELIMINATE PROVISIONS REGARDING
COVERED ACCESS TO ROOF DECKS
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THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1 . During the process of considering applications for Height
Variations, and after determining to deny four separate requests in September 2009, the
City Council took an action at the September 28, 2009 City Council meeting to "direct
staff to refer this matter to the Planning Commission to provide a recommendation to
eliminate all covered accesses to open roof decks."
Section 2 . The proposed Zone Text Amendment would amend Chapter
28, Zoning, Article 23, General Provisions, Conditions and Exceptions, Yards, Height,
Area, Open Space and Bulk, to delete current provisions of Section 28- 2317.D, Height
Variation for Non - Habitable Architectural Features, regarding covered access to roof
decks. This would no longer permit "Height Variations" for covered access to roof decks.
Section 3 . Staff has determined the application for Zoning Text
Amendment 10 -1 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 stated that there is no
possibility of a significant effect on the environment.
Section 4 . A duly noticed public hearing was held by the Planning
Commission on February 17, 2010 to consider Zone Text Amendment 10 -1.
Section 5 . The record of the hearing indicates the following:
(a) At said public hearing there was oral and written
testimony and evidence received by the Planning Commission.
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Planning Commission Resolution No. 10 -12
Zone Text Amendment 10 -1
Amend and Revise Section 28- 2317.D, Height Variation For Non - Habitable Architectural Features
to Eliminate Provisions Regarding Covered Access To Roof Decks
February 17, 2010
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 that
would no longer permit "Height Variations" for covered access to roof decks. The
amendments will not change current provisions regarding height variations for other
identified architectural features.
The proposed amendments are summarized above in
Section 2 of this Resolution.
Section 6 . Based upon the facts contained in the record, including
those stated in Section 1 through Section 5 of this resolution and pursuant to §§ 28-
2600 of the City's Code the Planning Commission makes the following findings:
(a) Zoning Text Amendment 10 -1 is consistent with the
provisions of the various elements of the City's General Plan. Accordingly, the
proposed new regulatory provisions that would no longer permit "Height Variations" for
covered access to roof decks, but which will not change current provisions regarding
height variations for other identified architectural features is consistent with 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 which eliminates the ability to construct
structures to provide covered access to roof decks.
Section 7 . Based upon the foregoing, the Planning Commission
hereby recommends approval of Zoning Text Amendment 10 -1 to amend Section 28-
2317.D, Height Variation for Non - Habitable Architectural Features to the City Council
as set forth below:
" D. Height Variation for Non - Habitable Architectural Features
1. Scope: Non - habitable architectural features, such as spires, towers,
cupolas, belfries, monuments, parapets (not required by Uniform
Building Code), and domes may exceed the height limit established for
the district in which such structure is located to a maximum of 7 feet if
granted pursuant to the procedures contained in this section.
2. Procedure:
(a) Any person desiring to apply for a Minor Height Variation Permit
shall complete and fill out and submit an application, required
plans and property owners list to the Director of Planning
together with payment of the minor plan review fee 14 days prior
to the Planning Commission meeting.
(b) Notice of the application for a minor height variation shall be
given to all property owners within 300 feet of the exterior
boundaries of the property.
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Planning Commission Resolution No. 10 -12
Zone Text Amendment 10 -1
Amend and Revise Section 28- 2317.D, Height Variation For Non - Habitable Architectural Features
to Eliminate Provisions Regarding Covered Access To Roof Decks
February 17, 2010
(c) Review:
(1) The Planning Commission may at a scheduled public
hearing approve or disapprove such application, subject
to any conditions deemed appropriate. In reviewing an
application, the Planning Commission shall consider the
following criteria and make findings thereon:
(a) Whether such variation is appropriate for the
architectural style of the building.
(b) Whether such variation is appropriate for the
character and integrity of the neighborhood.
(c) Whether such variation significantly impairs the
primary view from any property located within 300
feet.
(d) Detailed and complete plans for the proposed
work."
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 17th day of February 2010 by the following vote:
AYES: Commissioners Deaton, Bello, Galbreath, Larson, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
dw-
Ellery Deaton
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
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