HomeMy WebLinkAboutPC Res 07-01 - 2007-02-07
RESOLUTION NO. 07-1
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING HEIGHT VARIATION
07-1, PERMITTING THE CONSTRUCTION OF
A NON-HABITABLE ARCHITECTURAL
FEATURE TO HOUSE AN ELEVATOR AT AN
EXISTING SINGLE FAMILY DWELLING AT
729 SOUTH SHORE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE'
SectIOn 1 On December 6, 2006 TKR ConstructIOn submItted an
applIcatIon for HeIght VarIatIOn 07-1 The proposed project would allow for the
constructIon of a non-habItable archItectural feature m excess of the 25-foot heIght lImIt
SpecIfically, the applIcant proposes to construct a 5'-6" by 6'-0" elevator enclosure to
exceed the heIght lImIt by 4"-0", 7 feet IS the maXImum heIght varIatIOn permItted
SectIOn 2 Pursuant to 14 CalIf Code of Regs S 15025(a) and S II A
of the CIty'S Local CEQA GUIdelmes, staff has determmed as follows The applIcatIOn
for HeIght VarIatIOn No 07-1 IS categorIcally exempt from reVIew pursuant to the
CalIforma EnVIronmental QualIty Act pursuant to 14 CalIf Code of Regs S 15303(a)
(New ConstructIon of Small Structures), because the applIcatIOn IS for the constructIOn of
three (3) or less smgle famIly dwellIngs m an urbamzed area, S 15305 (Mmor AlteratIOns
m Land Use LImItatIOns) because the request IS for a mmor alteratIOn m land use
lImItatIOns m an area WIth an average slope of less than 20% and no changes m land use
or denSIty are mvo1ved, and, pursuant to S 15061(b)(3), because It can be seen WIth
certamty that there IS no posSIbIlIty that the approval may have a sIgmficant effect on the
enVIronment
SectIOn 3 A duly notIced publIc hearIng was held before the Planmng
CommISSIOn on February 7, 2007 to consIder HeIght VarIatIOn 07-1 At the publIc
hearmg, the Plannmg CommIssIOn receIved mto all eVIdence and testImony provIded on
thIS matter
SectIon 4
The record of the heanng mdIcates the followmg
(a) On December 6,2006 TKR ConstructIOn submItted an applIcatIOn
for HeIght VanatIOn 07-1
Z \My Dowments\RESO\HV 07-1729 Southshore PC Reso doc\LW\02-07-07
,
Planning Comn1/sslOn ResolutIOn 07-1
Height VallatlOn 07-1
729 South Shore
February 7, 2007
(b) The ApplIcant IS requestIng to construct a 5' -6" by 6' -0" elevator
enclosure to exceed the heIght lImIt by 4"-0" at 729 South Shore, 7 feet IS the maxImum
heIght varIatIOn permItted
(c) The subJect property IS legally desCrIbed as Orange County
Assessor's Parcel Number 199-194-03 and IS located In the ReSIdentIal Low DenSIty
(RLD) zone, In an area generally referred to as the "HIll"
(d) The subJect property IS nearly rectangular In shape WIth a lot area
of approXImately 5,909 square feet
(e) The surroundIng land uses and zonIng are as follows
NORTH, SOUTH,
Low
EAST & WEST
SIngle famIly dwellIngs located m the ReSIdential
DenSIty zone (RLD)
(t) The proposed elevator enclosure WIll have the same exterIor walls
treatments, roof lInes, and roofing materIal as the new home
(g) The proposed elevator enclosure comprIses approxImately 33
square feet and IS located centrally on the roof mea, approxImately 37 feet from the front
of the home, 23 feet from the rear, and approxImately 20 and 22 feet from the west and
east sIde, respectIvely
SectIOn 5 Based upon the eVIdence In the record, mcludIng the facts
stated In S 4 of thIS resolutIOn and pursuant to S 28-2317(4) of the CIty'S Code, the
Planmng CommISSIOn hereby finds as follows
(a) HeIght VarIatIOn 07-1 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 smgle 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 plOposed non-habItable archItectural feature IS archItecturally
In keepIng WIth the remaInder of the structure, WIth the roof pItch, roofing matenals and
SIdIng matchIng those of the remmnder of the structure
(c) The proposed elevator enclosure IS approprIate for the character
and IntegrIty of the surroundIng neighborhood
(d) No habItable hvmg space IS proVIded WIthIn the structure
HV 07-1 729 Southshore PC Reso
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Planmng COmnllSSlOn ResolutIOn 07-1
Height Variation 07-1
729 South ShOl e
February 7, 2007
(e) The proposed archItectural feature IS approxImately 33 square feet
m area and IS located centrally wIthm the new roof area of the resIdence
(t) The proposed non-habItable archItectural feature does not
sIgmficantly Impmr the prImary VIew of any property located wIthm 300 feet of the
subJect property
SectIOn 6 Based on the foregomg, the Plannmg CommISSIon hereby
approves HeIght VarIatIOn 07-1, subJect to the followmg condItIons
1 HeIght VariatIon 07-1 IS approved for the constructIon of a non-habItable
archItectural feature for a 33 square foot elevator enclosure up to 4 feet m excess
of the 25-foot heIght lImIt at 729 South Shore, Seal Beach
2 All constructIOn shall be m substantIal complIance WIth the plans approved
through HV 07-1
3 There shall be no habItable space permItted wIthm the archItectural feature
4 ThIS HeIght VariatIon shall not become effectIve for any purpose unless an
"Acceptance of CondItIOns" form has been SIgned by the applIcant m the presence
of the DIrector of Development ServIces, or notanzed and returned to the
Plannmg Department, and untIl the ten (10) day appeal perIod has elapsed
5 The applIcant shall mdemmfy, defend and hold harmless CIty, ItS officers, agents
and employees (collectIvely "the CIty" heremafter) flOm any and all claIms and
losses whatsoever occurrmg or resultmg to any and all persons, firms, or
corporatIons furmshmg or supplymg work, serVIces, materIals, or supplIes 111
connectIOn WIth the performance of the use permItted hereby or the exerCIse of
the rIghts granted herem, and any and all claIms, laWSUIts or actIOns arlSlng from
the grantmg of or the exeICIse of the rIghts permItted by thIS HeIght VanatIOn,
and from any and all clmms and losses occurrmg or resultmg to any person, firm,
corporatIOn or property for damage, mJury or death arIsmg out of or connected
WIth the performance of the use permItted hereby ApplIcant's oblIgatIOn to
mdemmfy, defend and hold harmless the CIty as stated herem shall mclude, but
not be lImIted to, paymg all fees and costs mcurred by legal counsel of the CIty'S
chOIce m representmg the CIty m connectIOn WIth any such claIms, losses,
laWSUIts or actIOns, expert WItness fees, and any awmd of damages, Judgments,
verdIcts, court costs or attorneys' fees In any such laWSUIt or actIon
PASSED, APPROVED AND ADOPTED by the Plannmg CommISSIOn of the
CIty of Seal Beach at a meetmg thereof held on the 7th day of
Februarv , 2007 by the followmg vote
HV 07-1 729 Southshore PC Rcso
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Planning ComnusslOn ResolutIOn 07-1
Height VallatlOn 07-1
729 South Shore
February 7, 2007
AYES ComnnssIOners
BELLO, LADNER, O'MALLEY, ROBERTS AND DEATON
NOES CommISSIOners
ABSENT CommIssIOners
ABSTAIN CommISSIOners
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. llery D ton, ChaIrman
Plannmg CommIssIOn
HV 07-1729 Southshore PC Reso
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