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HomeMy WebLinkAboutPC Res 06-45 - 2006-10-18 RESOLUTION NUMBER 06-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT V AR1ATION 06-4, PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE AT B-66 SURFSIDE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On September 12, 2006, Karen Otis ("The Applicant") submitted an application for Height Variation 06-4 with the Department of Development Services. The applicant is proposing to construct a covered roof access structure (CRAS) leading to a roof deck in excess of the height limit in conjunction at B-66 Surfside. Section 2. Pursuant to l4 Calif. Code of Regs. 9 15025(a) and 9ILA of the City's Local CEQA Guidelines, staff has determined as follows: The application for Height Variation No. 06-4 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 15303(a) (New Construction of Small Structures), because the application is for the construction of three (3) or less single family dwellings in an urbanized area; 9 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration in land use limitations in an area with an average slope of less than 20% and no changes in land use or density are involved; and, pursuant to 9 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 before the Planning Commission on October 18, 2006 to consider Height Variation 06-4. Section 4. The record of the hearing indicates the following: (a) On September 12, 2006, Karen Otis submitted an application for Height Variation 06-4. (b) The applicant is requesting to construct a CRAS at B-66 Surfside. (c) The subject property is described as Orange County Assessor's Parcel Number 178-471-22 and is located within Surfside Colony. 10f4 Planning Commission Resolution No, 06-45 Height Varzation 06-04 - 8-66 Surfi'lde October 18, 2006 (d) lot area of2436.75 square feet. The subject property is rectangular in shape with a (e) The surrounding land uses and zOnIng are as follows: NORTH Seal Beach Naval Weapons Station and the Pacific Coast Highway beyond. SOUTH Single-family dwellings in the Residential Low Density Zone (RLD) of Surfside Colony, Pacific Ocean, and the beach in a Public Land Use/Recreation Zone (PLU/R). EAST Single-family dwellings located in the Residential Low Density Zone (RLD) of Surfside Colony. WEST Single-family dwellings located in the Residential Low Density Zone (RLD) of Surfside Colony. (f) As of October 5, 2006, staff has received no responses, written or other, to its mailed notice regarding Height Variation 06-4. Section 5. Based upon the evidence in the record, including the facts stated in 9 4 of this resolution and pursuant to 9 28-2317(4) of the City's Code, the Planning Commission hereby finds as follows: (a) Height Variation 06-4 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "low density residential" designation for the subject property and permits single-family residential uses. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The proposed covered roof access structure feature is architecturally in keeping with the remainder ofthe structure, with the roofing materials and siding matching those of the other portions of the building. (c) appropriate for the character and permissible by code. The proposed covered roof access structure IS integrity of the surrounding neighborhood and IS (d) No habitable living space is provided within the structure. 20f4 Planning Commission Resolution No, 06-45 Height VarzatlOn 06-04 - 8-66 Surfslde October 18, 2006 (e) Due to the relatively flat terrain in the vicinity ofthe proposed structure, it does not significantly impair the primary view of any property located within 300 feet ofthe subject property. Section 6. Based on the foregoing, the Planning Commission hereby approves Height Variation 06-4, subject to the following conditions: I. Height Variation 06-4 is approved for the construction of a covered roof access structure (CRAS) in excess of the height limit at B-66 Surfside, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through HV 06-4. 3. There shall be no habitable space permitted within the,covered roof access structure. 4. This Height Variation shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 5. The Applicant shall indemnify, defend and hold hannless the city, its officers, agents and employees (collectively hereinafter referred to as "the City") from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supphes in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Pernlit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18th day of October 2006 by the following vote: AYES: Commissioners Roberts, Bello, Ladner, and O'Malley NOES: Commissioners None 30f4 Planning Commission Resolution No 06-45 Height Variation 06-04 - 8-66 Swfside October 18. 2006 ABSENT: Commissioners Deaton ABSTAIN: Commissioners None Lee Whittenberg Secretary, Planning Commis . on G Roberts airperson, Planning Commission **** 40f4