HomeMy WebLinkAboutCC Res 4648 1998-07-13
RESOLUTION NUMBER!/:b!!8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH SUSTAINING THE
PLANNING COMMISSION DENIAL OF HEIGHT
VARIATION 98-2, AT 519 OCEAN AVENUE
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DETERMINE AND FlND:
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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 opcn (no walls) cupola four (4') abovc the allowable
hcight limit.
Section 2. Section 28-2317(4) provides Ulat the City may allow certain non-habitable
architectural features, such as cupolas, to exceed a zonc'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
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 cupola as 'proposed would be open-walled, with a
maximum width of eight feet, and exceed the twenty-five foot height limit by an additional four
feet. The neighbor who initially opposed the application withdrew his opposition.
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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 cxempt 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
criteria and make fmdings thereon. Upon considering the criteria set forth in subsection C of I
Section 28-2317(4) and the rendering and the detailed plans for the cupola, the Council hereby finds:
1. Thc proposed cupola is not appropriate for the character and
integrity of the surrounding neighborhood. The proposed cupola is not a necessary structure for
the use and enjoyment of the proposed roof deck area, and is not in conformance with previous
City approvals for structures under the provisions of Section 28-2317(4), which have been for
covered roof access structures. No purpose is served, other than architectural, for the proposed
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Resolution Number~~J'
architectural projection, and the potential loss of some views due to the height and size of the
proposed structure is not offset by any benefit derived from the proposed structure.
Section 7. Based upon the foregoing, the City Council hereby denies Height Variation
98-2 without prejudice, sustaining the determination of the Planning Commission.
Section 8. The time within which judicial review, if available, of this decision must be
sOllght 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 AD
at a meeting thereof held on the
the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembe
~&:~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yea, City Clerk of Seal Beach, Califo 'a, d 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 .~}'~ the City Council of the ity f Seal Beach, at a regular
meeting thereof held on the J!f~ day of , 1998.
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