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Home My WebLink AboutPC Res 07-28 - 2007-06-20 RESOLUTION NO. 07-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 07-3, PERMITTING THE CONSTRUCTION OF A NON-HABITABLE ARCHITECTURAL FEATURE TO HOUSE AN ELEVATOR AT AN EXISTING SINGLE FAMILY DWELLING AT 233 15th STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On April 4, 2007, Mr. George Brown submitted an applicatIon for Height Variation 07-3. The proposed proJect would allow for the construction ofa non-habItable architectural feature m excess of the 2S-foot heIght limit. SpecIfically, the applicant proposes to construct a 8-ft. 4-111. by 4-ft. 4-in. elevator enclosure to exceed the heIght limit by S feet; 7 feet is the maXImum height varIatIon permitted. At the Plmmmg Commission 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 elimmate portions of the exterior walls of the enclosure to reduce the visual Impact of the structure. The reVIsed plans reflect these changes, but after reviewmg the house plans as origmally drawn, the applIcant determined that an addItional 1 foot would need to be added to the elevator enclosure to accommodate the elevator car and appurtenant mechamcal eqUIpment. As a result of this additIOnal height mcrease, It became necessary to resend hearing notices to all property owners and occupants withm 300 feet of the subject property mfonning them of the modification to the original plan and delay the hearmg until the regular meeting of June 20, 2007. Section 2. Pursum1t to 14 Calif. Code of Regs ~ 1S02S(a) m1d 9 II.A of the City's Local CEQA Guidelines, staff has detenmned as follows: The applicatIOn for Height VarIation No. 07-3 IS categoncally exempt from review pursuant to the Cahfomia Environmental Quahty 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 smgle famIly dwellings in an urbamzed area; S 1530S (Mmor Alterations 111 Land Use LImitations) because the request is for a mmor alteration in land use lImitatIons in an area with an average slope of less than 20% and no changes m land use or density are mvolved, m1d, pursuant to ~ IS061(b)(3), because it can be seen With certainty 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 June 20, 2007 to consider Height VariatlOn 07-3. At the public hearing, the 10f4 Plannlllg ComnUSSlO1l ResolutlOll No 07-28 Height VanatlOn 07-3 233 - 15th Street JUlie 20 2007 Plannlllg Commission received mto the record all eVIdence and testimony provIded on thIS matter. Section 4. The record of the hearmg indIcates the following: (a) On AprIl 4, 2007, Mr. George Brown submitted an apphcatIOn for HeIght VanatlOn 07-3. (b) The Apphcant IS requestmg to construct m1 8-ft. 4-in. by 4-ft. 4-in elevator enclosure to exceed the height limit by 5 feet at 233 15th Street; 7 feet IS the maximum height varIation pem1ltted. (c) The subJect property is described as 233 15th Street, Seal Beach, California Since 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 10 thIS lot. The subject property is located m the ReSidential HIgh Density (RHD) zone, in m1 area generally referred to as "Old Town" (d) The subJect property IS rectangular m shape WIth a lot area of approximately 2,500 square feet. (e) The surrounding land uses m1d zonmg are as follows: NORTH, SOUTH, EAST & WEST Single and multIple family dwellmgs located in the ReSIdential HIgh Density zone (RHD). (Q The proposed elevator enclosure WIll have SImilar roof lInes, roofing matenal, and sidmg 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 bllllding, With the roofline being flush with the north building wall and the enclosure walls set back approximately 20 feet 7 inches from the front (east) of the building, 10 feet 6 inches from the south bllllding wall, and 56 feet 7 mches from the rear (west) buildmg wall. SectIOn 5. Based upon the evidence m the record, mcludmg the facts stated m ~ 4 ofthls resolutIon and pursuant to ~ 28-2317(D) of the CIty's Code, the Planmng Commission hereby finds as follows. (a) Height Variallon 07-3, 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 single m1d multiple family residentIal uses. The use is also consistent WIth the remaming elements of the City'S General 20f4 Plann/l1g COI1l1711SSlOn ResolutIOn No 07-28 Height VariatIOn 07-3 233 - 15th Street June 20, 2007 Plan as the policIes of those elements are consistent wlth, and reflected m, the Land Use Element. Accordmgly, the proposed use is consistent wIth the General Plan. (b) The proposed non-habitable architectural feature, as conditlOned, is archItecturally 111 keeping with the remamder of the structure, with the roof pitch, roofing matenals 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 111tegnty of the sUfl"oundmg neIghborhood (d) No habitable livmg space IS prOVIded within the structure. (e) The proposed architectural feature, as conditioned, is approximately 32 square feet in area and is located at the north side of the building, with the enclosure walls set back approximately 3 feet from the north bUlldmg wall, 20 feet 7 111ches from the front of the bUlldmg, 10 feet 6 inches from the south building wall, and 56 feet 7 inches from the rear bUlld111g wall. (f) The proposed non-habitable architectural feature, as condttioned, does not significantly impaIr the primary view of any property located withm 300 feet of the subject property. SectIon 6 Based on the foregOIng, the Plmming CommIssion hereby approves Height VarIatIon 07-3, subJect to the folloW111g condItions. 1. HeIght Variation 07-3 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 roofline flush with the north building wall and enclosure walls set back approximately 3 feet from the north building wall at 233 15th Street, Seal Beach. 2. All constructIon shall be 111 substmltlal compliance WIth the plans approved through HV 07-3. 3. There shall be no habitable space permItted WIthin the architectural feature. 4. This HeIght V m'iation shalll10t 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 notarized and retumed to the Planning Department; and untIl the ten (10) day appeal period has elapsed. 5. The apphcmlt shall mdemmfy, defend and hold hamlless CIty, ItS officers, agents and employees (collectIvely "the City" heremafter) from any and all clalms and losses whatsoever occurring or resultmg to allY and all persons, firms, or corporatiOns furnIshing 30f4 Plannll1g CommiSSIOn ResolutIOn No 07-28 Height VarlatW/l 07-3 233 - 15th Street JUlie 20. 2007 or supplying work, services, materials, or supplIes in connectIon with the performance of the use permitted hereby or the exercise of the nghts 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 mlY and all claims and losses occurring or resulting to any person, firm, corporatIon or property for damage, inJury or death ansmg out of or connected with the perfonl1mlce of the use permItted hereby. ApplIcant's obligatIon to mdemmfy, defend and hold hannless the CIty as stated herem shall1l1clude, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice m 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. PASSED, APPROVED AND ADOPTED by the Plannmg Commission of the City of Seal Beach at a meet1l1g 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 d~ / Ellery Deaton Chairperson, Planmng CommIssion Lee hittenberg Secretary, Plann1l1g CommI **** 40f4