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HomeMy WebLinkAboutPC Res 07-27 - 2007-06-20 RESOLUTION NO. 07-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 07-2, PERMITTING THE CONSTRUCTION OF A NON-HABITABLE ARCHITECTURAL FEATURE TO HOUSE AN ELEVATOR AT AN EXISTING SINGLE FAMILY DWELLING AT 231 15th STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On Apnl 4, 2007, Mr. George Brown submitted an applIcatlOn for HeIght VarIation 07-2. The proposed project would allow for the construction of a non-habitable archItectural feature in excess of the 25-foot height limit. Specifically, the applIcant proposes to construct a 8-ft. 4-in. by 4-ft. 4-in. elevator enclosure to exceed the height limit by 5 feet; 7 feet IS the maximum height variation permitted. At the Planning CommisslOn meetIng of May 9, 2007, the Planning CommIssion dIrected the applIcant to revise the submItted plans to reduce the square footage of the elevator enclosure and ehmmate portIons of the exterior walls of the enclosure to reduce the visual Impact of the structure. The revised plans reflect these changes, but after reviewing the house plans as ongInally drawn, the applicant determmed that an additional Ifoot would need to be added to the elevator enclosure to accommodate the elevator car and appurtenant mechanical eql1lpment. As a result of this additional height Increase, It became necessary to resend hearIng notIces to all property owners and occupants withm 300 feet of the subject property infonning them of the modIfication to the ongmal plan and delay the hearing untIl the regular meeting of June 20, 2007 Section 2. Pursuant to 14 Cahf. Code of Regs ~ 15025(a) and ~ Il.A of the City's Local CEQA Guidelmes, staff has detem1Ined as follows The apphcatlOn for HeIght Variation No. 07-2 IS categOrIcally exempt from reVIew pursuant to the California EnVIronmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 1 5303(a) (New Construction of Small Structures), because the application IS for the construction of three (3) or less smgle family dwellmgs in an urbamzed area; ~ 15305 (Mmor AlteratIons m Land Use LImitations) because the request IS for a minor alteratlOn m land use lImitatlons m an area with an average slope of less than 20% and no changes m 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 Plam1ing CommiSSIOn on Jlme 20, 2007 to consider Height VariatiOn 07-2. At the public heanng, the Plmming CommiSSIOn received mto all evidence and testimony provided on this matter 10f4 Pla/1lllng CommiSSIOn Resolutwn No 07-27 Height VarlatlO/1 07-2 231 - 15th Street June 20, 2007 Section 4. The record of the hearing indicates the followmg: (a) On Apnl 4, 2007, Mr. George Brown submitted an apphcation for Height VarIation 07-2. (b) The ApplIcant IS requestmg to construct an 8-ft. 4-m. by 4- ft. 4m. elevator enclosure to exceed the heIght lU11It by 5 feet at 231 15th Street; 7 feet IS the maXImum heIght varIation permItted. (c) The subject property IS descnbed as 231 15th Street, Seal Beach, CahfomIa. Smce this is a newly created lot as a result of a subdIVision (Case No. TPM 2005-237) an Assessor's Parcel Number has not yet been assIgned to this lot. The subject property is located m the Residential HIgh Density (RHD) zone, m an area generally referred to as "Old Town" (d) The subJect property is rectangular in shape wIth a lot area of approximately 2,500 square feet. (e) The surrounding land uses and zoning are as follows: NORTH, SOUTH, EAST, & WEST Single m1d multIple fan1l1y dwellings located in the ReSIdential High Density Zone (RHD). (f) The proposed elevator enclosure will have similar roof lInes, roofing matenal, and SIding that IS archItecturally compatible wIth the new home. (g) The proposed elevator enclosure comprises approximately 32 square feet and is located at the north SIde of the bUIldmg, wIth the roofline being flush with the north buildmg wall and the enclosure walls set back approximately 20feet 7 inches from the front (east) of the building, 10 feet 6 inches from the south building wall, and 56 feet 7inches from the rear (west) bUIlding wall. Section 5. Based upon the eVIdence 111 the record, including the facts stated in ~ 4 of this resolutIOn and pursuant to ~ 28-2317(D) of the City's Code, the Planmng Commission hereby finds as follows: (a) Height Vanation 07-2, as conditIOned, 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 smgle and multiple family residential uses. The use is also conSIstent with the remainmg elements of the City's General Plan as the polICIes of those elements are conSIstent with, and reflected in, the Land Use Element. Accordmgly, the proposed use 15 consistent WIth the General Plan. 2of4 PlanlUng Com/1l1sswn Rewlutwn No 07-27 Height VarlatlOl/ 07-2 231-15tlr Street June 20. 2007 (b) The proposed non-habItable architectural feature, as condItIoned, IS archItecturally m keepmg wIth the remainder of the structure, wIth the roof pitch, roofing materials and siding archItecturally compatIble wIth that of the remainder of the structure. (c) The proposed elevator enclosure, as condItIoned, IS appropriate for the character and integrity of the surrounding neighborhood. (d) No habitable lIving space is provided wIthm the structure. (e) The proposed architectural feature, as conditioned, IS approximately 32 square feet m area and IS located at the north side of the b11l1dmg, with the enclosure walls set back approximately 3 feet from the north b11l1dmg wall, 20 feet 7 lllches from the front of the bmlding, ) 0 feet 6 mches from the south bUIldmg wall, and 56 feet 7 inches from the rear buildmg wall. (Q The proposed non-habItable architectural feature, as conditioned, 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 07-2, subject to the following condItIons: 1. Height Variation 07-2 is approved for the constructIon of a non-habitable architectural feature for an approXimately 32 square foot elevator enclosure up to 5 feet in excess of the 25-foot heIght lImIt, with the rooDine flush with the north bUIlding wall and enclosure walls set back approxll11ately 3 feet from the north buIlding wall at 231 15th Street, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through HV 07-2. 3. There shall be no habitable space penmtted Within 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 in the presence of the Director of Development ServIces, or notarized and retumed to the Plannmg Department; and until the ten (l0) day appeal perIod has elapsed 5. The applicant shall indemnify, defend and hold harmless CIty, its officers, agents and employees (collectively "the CIty" heremafter) from any and all clallTIs and losses whatsoever occuITlng or resultmg to any and all persons, finns, or corporations furnishing or supplying work, serVIces, materials, or supplies m connectIOn With the perfom1ance 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 3of4 Plannlllg CommiSSIOn ResolutIOn No 07-27 Height VariatIOn 07-2 231 - 15th Street JUlie 20, 2007 permitted by this HeIght VarlatlOn, and from any and all claIms and losses occurr1l1g or result1l1g to any person, firm, corporation or property for damage, 1l1Jury or death arIsing out of or connected wIth the perfom1ance of the use permitted hereby. Applicant's obligatIon to indemnify, defend and hold harmless the City as stated herem shall include, but not be lImited to, paymg all fees m1d costs incurred by legal counsel of the City's chOIce in representing the City m 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 Plannmg CommIssion of the City of Seal Beach at a meeting thereof held on the 20th day of June 2007 by the followmg vote' AYES: Commissioners Deaton, Massa-Lavitt, and Roberts NOES: CommiSSioners None ABSENT: CommiSSIOners Bello ABSTAIN: Commissioners None aLM..tr n~...tJYt) I Ellery Deaton Chairperson, Planmng CommiSSIon /' / / Lee Whittenberg :/ Secretary, Plannmg ComE>' sion **** 40[4