HomeMy WebLinkAboutPC Res 10-15 - 2010-04-07RESOLUTION NUMBER 10 -15 0)910,
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONE TEXT AMENDMENT
10 -2 REPEALING SECTION 28- 2317.D,
HEIGHT VARIATION FOR NON - HABITABLE
ARCHITECTURAL FEATURES; AND ADDING
NEW SECTION 28 -508 ALLOWING HEIGHT
VARIATIONS FOR NON - HABITABLE
ARCHITECTURAL FEATURES (ZONING
DISTRICT III, SURFSIDE COLONY)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1 . During the Planning Commission public hearing on Zone
Text Amendment 10 — 1 the Commission determined that is was necessary to consider
repeal of all height variations pursuant to Section 28- 2317.D. and directed staff to return
with a repeal of the entire Code Section.
Section 2 . The proposed Zone Text Amendment would repeal 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, and add new Chapter 28, Zoning,
Article 5 General Provisions, Conditions and Exceptions for District 111 (Surfside Colony),
Section 28 -508, Height Variations for Non - Habitable Architectural Features.
Section 3 . Staff has determined the application for Zone Text
Amendment 10 -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 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 March 18, 2010 to consider Zone Text Amendment 10 -2.
Section 5 . The record of the hearing indicates the following:
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Planning Commission Resolution No. 10 -15
Zone Text Amendment 10 -2
Repeal Section 28- 2317.D, Height Variation For Non - Habitable Architectural Features
Allow Height Variations For Non - Habitable Architectural Features (Zoning District lll, Surfside Colony)
April 7, 2010
(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 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 Non - Habitable Architectural Features,"
except in Zoning District III (Surfside Colony).
(c) The proposed amendments are summarized above in
Section 7 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) Zone Text Amendment 10 -2 is consistent with the
provisions of the various elements of the City's General Plan. Accordingly, the
proposed new regulatory provisions would no longer permit "Height Variations" except
in Zoning District III (Surfside Colony).
(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.
Section 7 . Based upon the foregoing, the Planning Commission hereby
recommends the following to the City Council:
(a) Repeal of Section 28- 2317.D, Height Variation for
Non - Habitable Architectural Features
(b) Addition of Section 28 -508 Height Variation for
Non - Habitable Architectural Features (Zoning District III)
"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:
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Planning Commission Resolution No. 10 -15
Zone Text Amendment 10 -2
Repeal Section 28- 2317.D, Height Variation For Non - Habitable Architectural Features
Allow Height Variations For Non - Habitable Architectural Features (Zoning District lll, Surfside Colony)
April 7, 2010
(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.
(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.
(i) Whether all roofing materials of a covered
stairwell to an open roof deck are in
substantial conformity with the roofing
materials of the remainder of the structure.
(ii) Whether a covered stairwell to an open roof
deck is located along peripheral exterior
walls of the structure.
(iii) Whether a covered stairwell to an open roof
deck is limited to the minimum area, both
horizontally and vertically, necessary to
cover the stairwell.
(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."
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Planning Commission Resolution No. 10 -15
Zone Text Amendment 10 -2
Repeal Section 28- 2317.D, Height Variation For Non - Habitable Architectural Features
Allow Height Variations For Non - Habitable Architectural Features (Zoning District lll, Suriside Colony)
April 7, 2010
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 7th day of April 2010 by the following vote:
AYES: Commissioners Massa- Lavitt, Bello, Galbreath, and Larson
NOES: Commissioners None
ABSENT: Commissioners Deaton
ABSTAIN: Commissioners None
Sandra Massa - Lavitt
Vice - Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
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