HomeMy WebLinkAboutPC Res 07-34 - 2007-08-22
RESOLUTION NO. 07-34
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
DENYING HEIGHT VARIATION 07-5,
PERMITTING THE CONSTRUCTION OF A NON-
HABITABLE ARCHITECTURAL FEATURE ON A
NEW SINGLE FAMILY DWELLING AT 1309
SEAL WAY, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1 On May 2,2007, Mr. Steve LIS submitted an applicatlOn for Height
Variation 07-5. The proposed proJect would allow for the constructIon of a non-habItable
architectural feature m excess of the 25-foot heIght hmit. Specifically, the applicant proposes to
construct a 5 ft. by 5 ft. elevator enclosure to exceed the height hmIt by approximately 5 ft. 5in.;
7 feet IS the maXImum height variation permItted.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and gILA of the
CIty'S Local CEQA Guidelmes, staff has determmed as follows: The apphcation for HeIght
Variation No. 07-5 is categoncal1y exempt from revIew pursuant to the CalifornIa EnVIronmental
Quahty Act pursuant to 14 Calif. Code of Regs. ~ 15301 (e)(2)(A) (Exlstmg Facilities), because
the application is for the addItIon to an eXIsting structure not resuJtmg 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 maXll11l1m development permIssible 111 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 certamty that there is no pOSSIbIlIty that the approval may have a
sigmficant effect on the environment.
SectIon 3. A duly notIced public hem-mg was held before the Plannmg
Commission on June 20, 2007 to conSIder HeIght VanatIon 07-5. At the public heanng, the
Plmming C01mmssion received into all evidence and testimony provided on thIS matter, and
continued the public hearing to the regular Platming CommIssIon meetmg of August 8, 2007.
Section 4.
The record of the hearIng 111dicates the followmg.
(a) On May 2, 2007, Mr. Steve LIS submitted an applIcatIon
for Height VanatlOn 07-5.
(b) The Applicant is requestmg to construct an approxImately 5
ft. by 5 ft. elevator enclosure to exceed the heIght limit by 5 ft. 5in at 1309 Seal Way; 7 feet IS
the maximum height vanatIOn permItted.
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Plallllll1g ComnwslOn Re50lutwIl No 07-34
Height VanatlOn 07-5 - 1309 Seal Way
August 22,2007
(c) The subject property is descnbed as 1309 Seal Way, Seal
Beach, Califomia, Assessor's Parcel Number: 199-091-14. The subJect 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 m shape wIth a lot area
of approximately 2,709 square feet.
(e) The sun"ounding land uses mld zoning are as follows:
NORTH, EAST,
AND WEST
Single and multiple fmnily dwellings located in the Residential
HIgh DenSity Zone (RHD).
SOUTH
Boardwalk, Beach, Paci fic Ocean
(f) The proposed non-habItable archItectural feature Will have
simIlar roof hnes, roofing material, and siding that IS architecturally compatIble wIth the new
home.
(g) The proposed non-habltable architectural feature comprises
approXImately 25 square feet and is located near the center of the buildmg, with a setback of
approXImately 36 ft. 6 in. from the front of the buildmg and approximately 5 ft. 6 in from the
east Side of the bUIldmg
SectIon 5. Based upon the eVIdence in the record, includmg the facts stated in
~ 4 OfthIS resolutIOn mld pursuant to 9 28-2317(D) of the City's Code, the Planning CommIssion
hereby finds as follows:
(a) Height VarIatIon 07-5 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 fmmly 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 m, the Land Use Element. Accordingly, the
proposed use is consIstent with the General Plan.
(b) The proposed non-habitable architectural feature IS
archItecturally in keepmg wIth the remainder of the structure, wIth the roof pItch, roofing
matenals and siding architecturally compatible with that ofthe remainder ofthe structure.
(c) The proposed non-habitable architectural feature, as
indicated in wntten COnll11Ul1lCatton and oral testtmony received at the pubhc hearing, IS not
appropriate for the character and integrIty of the surrounding neIghborhood.
(d) No habitable living space IS provided wIthin the structure.
(e) The proposed non-habItable architectural feature is
approXImately 25 square feet in area and is located near the center of the building, with a setback
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Plannlllg Comnllsswll ResolutIOn No 07-34
Height VariatIOn 07-5 - 1309 Seal Way
August 22, 2007
of approxImately 36 ft. 6 in. from the front of the buildmg and S ft. 6 m. from the South (beach)
sIde of the building
(f) The proposed non-habitable architectural feature, as
identified by pubiic testImony, sIgmficantly impall's the pnmary view of propeIiy located withm
300 feet of the subject property.
SectIOn 6.
HeIght Variation 07-S.
Based on the foregomg, the Planning Commission hereby denies
PASSED, APPROVED AND ADOPTED by the PlmU11l1g CommisslO11 of the City of Seal Beach
at a meetmg thereof held on the 22nd day of August 2007 by the followmg vote:
AYES: Commissioners Roberts, Bello, and Delay
NOES: CommIssiOners None
ABSENT' CommIssIoners Deaton and Massa-lavitt
ABSTAIN: Commissioners None
G ry oberts
-ChaIrperson, Plamling CommIssIon
Lee WhIttenberg
Secretary, Planning CommIs
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