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Home My WebLink AboutPC Res 07-42 - 2007-08-08 RESOLUTION NO. 07-42 o t9/ 6'h /114( A RESOLUTION OF THE PLANNfNG COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 07-6 PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE ON A REMODEL/ADDITION TO AN EXrSTING SINGLE FAMILY DWELLING AT 409 OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On June 12,2007, Mr. Felipe Velarde submitted an application for Height Variation 07-6. The proposed project would allow for the construction of a Covered Roof Access Structure in excess of the 25-foot height limit. Specifically, the applicant proposes to construct a 9' -10" by 3' -1 0" staircase enclosure to exceed the height limit by approximately l' -6"; 7 feet is the maximum height variation pelmitted. Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9 II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Height Variation No. 07-6 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 15301(e)(2)(A) (Existing Facilities), because the application is for the addition to an existing structure not resulting in an increase of more than 10,000 square feet, since the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (B), The area in which the project is located is not environmentally sensitive; 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 July 18, 2007 to consider Height Variation 07-6. At the public hearing, the Planning Commission received into all evidence and testimony provided on this matter, and voted to continue this item to the regular meeting of August 8, 2007, so that additional infonnation could be gathered regarding plan dimensions and building code requirements relating to ceiling heights. Section 4. The record of the hearings indicates the following: (a) On June 12, 2007, Mr. Felipe Velarde submitted an application for Height Variation 07-6 to the Department of Development Services. 10f4 Planning Commission No. 04-42 Height Variation 07-6 - 409 Ocean Avenue August 8.2007 (b) The Applicant is requesting to construct a 9-foot lO-inch by 3-foot by lO-inch Covered Roof Access Structure to exceed the height limit by I-foot 6-inch at 409 Ocean Avenue; 7 feet is the maximum height variation pennitted. (c) The subject property is described as 409 Ocean Avenue, Seal Beach, California, Assessor's Parcel N um ber: 199-148-11. The subj ect property is located in the Residential High Density (RHD) zone, in an area generally referred to as "Old Town" (d) The subject property is rectangular in shape with a lot area of approximately 2,750 square feet. (e) The surrounding land uses and zoning are as follows: NORTH, EAST, AND WEST: Single and multiple family dwellings located in the Residential High Density Zone (RHD). SOUTH: Single family dwellings located in the Residential High Density (RHD) Zone, Beach, Pacific Ocean (f) The proposed Covered Roof Access Structure will have similar roof lines, roofmg material, and siding that is architecturally compatible with the remodeled home. (g) The proposed Covered Roof Access Structure comprises approximately 38 square feet and is located at the south side of the building, with a setback of approximately 10' -5" from the west (front) side of the building. Section 5. Based upon the evidence in the record, including the facts stated in 94 of this resolution and pursuant to 9 28-2317(D) of the City's Code, the Planning Commission hereby finds as follows: (a) Height Variation 07-6, as proposed, 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 and multiple 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, as proposed, is architecturally in keeping with the remainder of the structure, with the roof pitch, roofing materials and siding architecturally compatible with that ofthe remainder of the structure. (c) The proposed Covered Roo [ Access Structure, as proposed, is appropriate for the character and integrity of the surrounding neighborhood. (d) No habitable living space is provided within the structure. 2of4 Planning Commission No. 04-42 Height VariatIOn 07-6 - 409 Ocean Avenue August 8.2007 ( e) The proposed Covered Roof Access Structure is approximately 38 square feet in area and is located at the south side of the building, with a setback of approximately 10'-5" from the front (west) side ofthe building. (f) The proposed Covered Roof Access Structure does not significantly impair the primary view of any property located within 300 feet of the subject property. Section 6. Based on the foregoing, the Planning Commission hereby approves Height Variation 07-6, subject to the following conditions: 1. Height Variation 07-6 is approved for the construction of a Covered Roof Access Structure for an approximately 38 square foot staircase enclosure up to 1'-6" in excess of the 25-foot height limit and located at the south side of the building and set back approximately 10'-5" from the west (front) side of the building at 409 Ocean A venue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through HV 07-6. 3. There shall be no habitable space pennitted within the architectural feature. 4. The interior ceiling height of the Covered Roof Access Structure shall be no greater than the minimum ceiling height allowed by Cali Cornia Building Code for non-habitable structures, and the overall exterior height of the Covered Roof Access Structure shall be no more than l' greater than the interior height. 5. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, finns, 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 Height Variation, 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 perfonnance of the use pennitted 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. 6. This Height Variation shall not become effective for any purpose unless an "Acceptance of Conditions" fonn 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. 30f4 Planmng CommisslOll No. 04-42 Height Variation 07-6 - 409 Ocean Avenue August 8.2007 PASSED, APPROVED AND ADOPTED by the Planning Commission ofthe City of Seal Beach at a meeting thereofheld on the 8th day of August 2007 by the following vote: AYES: Commissioners Roberts, Bello, DeLay, and Massa-Lavitt NOES: Commissioners None ABSENT: Commissioners Deaton ABST AJN: Commissioners None Lee WhIttenberg Secretary, Planning Conuniss' ***** 40f4