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HomeMy WebLinkAboutPC Res 06-49 - 2006-12-06 RESOLUTION NUMBER 06-49 O~/6';.: W4< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 06-5 PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE AT 1508 E. OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On October 2, 2006, Tim Rietkerk and Jessica Haugh ("The Applicants") submitted an application for Height Variation 06-5 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 at 1508 E. Ocean Avenue. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILA of the City's Local CEQA Guidelines, staff has determined as follows: The application for Height Variation No. 06-5 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 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; ~ 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 ~ 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 November 8, 2006 to consider Height Variation 06-5. Section 4. The record of the hearing indicates the following: (a) On October 2, 2006, Tim Rietkerk and Jessica Haugh submitted an application for Height Variation 06-5. (b) The applicant is requesting to construct a CRAS at 1508 E. Ocean Avenue. (c) The subject property is described as Orange County Assessor's Parcel Number 199-093-04 and is located within the area known as Old Town. (d) The subject property is rectangular in shape with a lot area of 2500 square feet. (e) The surrounding land uses and zoning are as follows: 10f4 Planning Commission Resolutwn No. 06-49 Hetght Variation 06-05 - 1508 E. Ocean Avenue November 8, 2006 NORTH Single-family and multi-family dwellings in the Residential High Density Housing Zone (RHD) in the area known as Old Town. SOUTH Single-family and multi-family dwellings in the Residential High Density Housing Zone (RHD) in the area known as Old Town, and the Pacific Ocean beyond. EAST Single-family and multi-family dwellings in the Residential High Density Housing Zone (RHD) in the area known as Old Town. WEST Single-fanlilyand multi-family dwellings in the Residential High Density Housing Zone (RHD) in the area known as Old Town, and the Pacific Ocean beyond. Section 5. Based upon the evidence in the record, including the facts stated in ~ 4 of this resolution and pursuant to ~ 28-2317(4) of the City's Code, the Planning Commission hereby finds as follows: (a) Height Variation 06-5 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "high 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 of the structure, with the roofing materials and siding matching those of the other portions of the building. (c) The proposed covered roof access structure is appropriate for the character and integrity of the surrounding neighborhood and is permissible by code. (d) No habitable living space is provided within the structure. ( e) Due to the relatively flat terrain in the vicinity of the 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 06-5, subject to the following conditions: 1. Height Variation 06-5 is approved for the construction of a covered roof access structure (CRAS) in excess ofthe height limit at 1508 E. Ocean Avenue, Seal Beach. Page 2 Planning Commission Resolution No 06-49 Height Variation 06-05 - 1508 E. Ocean Avenue November 8. 2006 2. All construction shall be in substantial compliance with the plans approved through HV 06-5. 3. There shall be no habitable space permitted within the covered roof access structure. 4. Rooftop deck construction that is greater than 500 square feet in area shall be subject to Building Code requirements, including, but not limited to, a second exit. 5. 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. 6. The Applicant shall indemnify, defend and hold harmless 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 supplies 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 Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, inj ury 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 8th day of November 2006 by the following vote: AYES: Commissioners Roberts, Bello, Ladner, and O'Malley NOES: Commissioners None ABSENT: Commissioners Deaton Page 3 Lee Whittenberg Secretary, Planning Commissio **** Page 4 Planning Commission Resolutwn No 06-49 Height Variatwn 06-05 - 1508 E. Ocean Avenue November 8, 2006