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Home My WebLink AboutCC Res 4641 Not Adopted QQ f ,pf[p~r.' ~1J (~..G1 0.' t \'" t>c\ \rJ. ./1 . / ...\0' Ao...~~ l' ~~I RESOLUTION NUMBERr~~/ \'4 tJ~.f /' (\),11'0 \)i A RESOLUTION OF THE CITY COUNCIL OF THE ~1' CITY OF SEAL BEACH SUSTAINING THE APPEAL OF ALAN HARBOUR GRANTING HEIGHT VARIATION 98-2, TO ALLOW A CUPOLA PURSUANT TO CITY CODE SECTION 28-2317(4) AT 519 OCEAN AVENUE 1 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: Section 1. On April 23, 1998, Alan Harbour submitted an application for Height Variation 98-2. The applicant is requesting to construct a non-habitable architectural feature pursuant to Section 28-2317(4) of the Code of the City of Seal Beach in conjunction with the construction of a new single-family dwelling at 519 Ocean Avenue, Seal Beach. Specifically, the applicant is proposing to construct an open (no walls) cupola four (4') above the allowable height limit. Section 2. Section 28-2317(4) provides that the City may allow certain non-habitable architectural features, such as cupolas, to exceed a zone's building height limit. Section 3. After a duly noticed public hearing, at which the applicant spoke in favor of the request and one person spoke in opposition, the Planning Commission denied the request for Height Variation 98-2 on a 3-2 vote. Section 4. An appeal of the Commission's denial of Height Variation 98-2 was timely I filed. On June 8, 1998, the City Council held a duly noticed public hearing to consider the appeal. The Council considered all oral and written testimony and evidence presented at the time of the public hearing, including the staff reports. The neighbor who initially opposed the application withdrew his opposition. Section 5. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ Il.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Height Variation No. 98-2 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 6. Based on the facts contained in the record and pursuant to ~ ~~ 28- 2503 and 28-2504, the City Council hereby finds: (a) Pursuant to Section 28-2317(4), the City Council may approve a height variation for a non-habitable architectural feature such as a cupola, provided it consider certain 1 criteria and make findings thereon. Upon considering the criteria set forth in subsection C of Section 28-2317(4) and the rendering and the detailed plans for the cupola, the Council hereby finds: 1. Height Variation 98-2 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 I I I Resolution Number ~~~ elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. 2. The proposed cupola is architecturally in keeping with the remainder of the structure, with the roofing materials and pitch matching those of the remainder of the structure. 3, The proposed cupola is appropriate for the character and integrity of the surrounding neighborhood where a number of structures exceeding the height limit are located within the immediate vicinity, Moreover, the area contains an eclectic variety of architecturall!tyles, and the proposed Cape Cod residence, with a cupola, is in character with such eclectic styles, . 4, The proposed cupola will not significantly impair the primary view of any property within 300 feet, Due to the relatively flat terrain in the vicinity, the fact it only exceeds the standard height limit by four (4') feet, and the fact it has no walls, the proposed structure y,;1I not significantly impair the primary view of any property located within 300 feet of the subject property, Indeed, the one neighbor who initially felt that the cupola might affect his view testified that after looking at the plans, he was of the opinion that the cupola would not significantly impair his view. On that basis, he withdrew his opposition to the cupola, (b) No habitable living space is provided within the structure, Section 7, Based upon the foregoing, the City Council hereby approves Height Variation 98-2, subject to the following conditions: I, Height Variation 98-2 is approved for the construction of a non-habitable cupola in excess of the height limit in conjunction with the construction of a single family dwelling at 519 Ocean A venue, Seal Beach, 2, All construction shall be in substantial compliance with the plans approved through Height Variation 98-2, 3. The area of the proposed cupola shall be reduced to a maximum width of eight (8') feet at any point. 4, There shall be no habitable space permitted within the cupola. 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. Section 8. The time within which judicial review, if available, of this decision must be sought is governed by Section 1094,6 of the California Code of Civil Procedure and Section 1-13 of the Code of the City of Seal Beach, unless a shorter time is provided by applicable law, PASSED, APPROVED, AND ADOPfED by the City Council of the City of Seal Beach at a meeting thereof held on the /"" day of /'" , 1998, by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Resolution Number 4/Pql ATTEST: / CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SS ) / MAYOR I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1998. ~ City Clerk 1 I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. lam the principal clerk of the printer f the SEAL BEACH SUN, a ewspaper of general circulation, printed and published weekly in the City of 'Seal Beach, CountY of Orange and which newspaper \las Been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California;' under the date of . . , 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller t!1an nonpareil), has been published hi each regular. and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: I :(/),'6 all in the year 19~. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA, this .l..1O day of \v....~ ' 1998. , C]-r.o g'~~i~~~U~ is A~Doj)~ PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555. (714) 759-7726 I This space is for the County Clerk's Filing Stamp Resolution Number M! Proof of Publication of ............................................... ............................................... NOTICE OF PUBUC HEARING " NOTICE IS"HEREPY GIVEN thai th~ Clly Cou.wll 01 'hi CII, oI'SdI ~lIch wHlo" 1 .~hDlII.puhHt'hNrlnlonMond.y.Junt'81 ' . _1"8,.1 7:00 p.m. In Ihe Clly Coune! - ...Cb.mbe....ZJi Ellhlh Sind. Se.1 belich: '~CIlllIonda,lO QJR.tderIhe.IoIlowlq,Item.:. ! ~ ~ AppCal;" 'Planning cUnlnlisilon Denial' -.., , ,Helghl Vari.l"in QfC-2 '.' .' .:- Slll Qcel.1\ Avcnue.Sut tk8c:1i - : .-. .Reifudt: Tire ~pp'icanr jl( .~."ni ihe denial by lh'e Prannlng COIllnllssion ot a n:qu.~' to cOM\rlla. II oon-habitable aKhl- '1..""llralle.IJllrcSinexcessollhr2StboIllIllI- " IBIUIII helghllilliil-in c:o~un"110n wilh Ihe,. ~ clln..UpcllOno(ano.!wsm r_t,lmrlydwellml 'al 5111 OecoIn Avenue: eal &ach ~peCIf-' , ICdlly, Ihe oIpphl:llnllS pmpoo;ing!o conslruc1 , an open (no \VoIlr..) cu~la lour (~ ) abQve Ihe all~!:bel~hmll~ - '.~J' .........~...? -En,ll1JnnlnlIIlIRe,tc,,:,...eJIRI~uo;ei"l ; " cl1lc!,'Ohcallv CXClllpl tmm Ihe n:q'iutltlllems. ' ,otCEOA, I" '. '':;:'':'~.,-,,;.,'.'' : . ~ode SeeUons: 21\-2311(4) . ..",;. ::, 10_;,'" : A\lpd.I:!'IlI/Applka~: Alan Harbour,' ._'_ Owner: Haibour ralllily TRisl ... ,::, ~I'. j.,' : 'Allhe abuve time and rlacc aUllllcrested"="' . '.~t50ns may be heard I so d~iml IF yo~t. \ ,chlllenw::ttic(JIUJ1O'Iedac:1101IslnC:OUr1,you - mlY be Iimlled 10 nUsins IInly lhose Issun'. . you or SI.l1\11C:One cI~ r.\~d at-the PUb\1C _ Hearing ctesc:rihed IR Ihls NollCt'. or in wrillen -coriispondence delivll::'rid 10 rhll::' CIIY orSeaI' . . Beach al. or pnor to.lhe publIC he.arinR' i ,~' ~ DAT~DTl~lt~.~~.d:y.ot-~lI~:!~.,~,.~-:,. ' .h..1IM Yeo ". Ci1yCIcr\, ~, -' \ '.. ' '.':-' ",\PUb"S~d ~n iiie Scal Biac..h Sun OSi28198: ' .\ . ,'. ,.