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HomeMy WebLinkAboutPC Res 00-29 - 2000-08-23 " 'l " RESOLUTION NO. 00-29 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT V ARIA TION 00-3, PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE IN CONJUNCTION WITH AN ADDITION TO AN EXISTING SINGLE FAMILY RESIDENCE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section I. On July 18,2000 Michael Levin ("The Applicant") submitted an application for Height Variation 00-3 with the Department of Development Services. The applicant is proposing to construct a covered roof access structure (CRAS) leading to a roofdeck in excess of the height limit in conjunction with the construction of a major addition to an existing single family residence at 1608 Ocean Avenue. Section 2. Pursuant to 14 Calif. Code of Regs. S l5025(a) and S II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Height Variation No. 00-3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. S 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; S 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 S 1506l(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 August 23,2000 to consider Height Variation 00-3. Section 4. The record of the hearing indicates the following: (a) Height Variation 00-3. On July 18, 2000, Michael Levin submitted an application for (b) The applicant is requesting to construct a CRAS in conjunction with an addition to an existing single family dwelling located at 1608 Ocean Avenue. (c) The subject property is described as Orange County Assessor's Parcel Number 199-094-05 and is located within "Old Town." (d) The subject property is rectangular in shape with a lot area of 2500 square feet. (e) The surrounding land uses and zoning are as follows: NORTH, EAST & WEST Residential housing in a RHD zone in what is generally referred to as "Old Town." SOUTH A mixture of single and multi-family housing in an RHO zone and the Beach in a Public Land Use/Recreation (PLU/R) Zone and the Pacific Ocean (f) As of August 17. 2000; staff has received no responses, written or other, to its mailed notice regarding Height Variation 00-3. Section 5. Based upon the evidence in the record, including the facts stated in S 4 of this resolution and pursuant to S 28-2317(4) of the City's Code, the Planning Commission hereby finds as follows: '. Planning Commission Resolution No. 00-29 , , (a) Height Variation 00-3 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 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 CRAS is architecturally in keeping with the remainder of the structure, with the roofing materials and siding matching those of the remainder of the structure. (c) The proposed CRAS is appropriate for the character and integrity of the surrounding neighborhood where a number of similar structures are located' within the immediate vicinity. (d) No habitable living space is provided within the structure. (e) Due to the relatively flat terrain in the vicinity of the proposed structure, it 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 00-3, subject to the following conditions: I. HV 00-3 is approved for the construction of a covered roof access structure (CRAS) leading to the roofdeck in excess of the height limit in conjunction with the addition to an existing single family dwelling at 1608 Ocean Ave., Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through HV 00-3, except for the modifications made by the planning commission to bring the proposed project into compliance with the City's approved Covered Roof Access Structure Policy Guidelines. Said structure shall not exceed 62.25 square feet. 3. There shall be no habitable space permitted within the covered roof access structure. 4. The BBQ area shall be removed entirely from the plans. 5. 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 returned to the Planning Department; and until the ten (10) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 23rd day of August, 2000, by the following vote: AYES: Commissioners Hood, Brown, Cutuli, Lyon, Sharp NOES: Commissioners ABSENT: Commissioners avid Hood, Ph.D., Planning Commiss on e Whittenberg, Secretary Janning Commission Page 2 Resolution 00-26 c RESOLUTION NO. 00-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 00-7, PERMITTING THE PROPERTY LOCATED AT 141 MAIN ST. TO OPERATE A WALK UPITAKE OUT RESTAURANT (ICE CREAM STAND) WITHIN THE MAIN ST. SPECIFIC PLAN AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section I. On July 12,2000, Bob Griffith ("The Applicant") submitted an application for Conditional Use Permit 00-7 with the Department of Development Services. The applicant sought the ability to operate a walk up/take out restaurant on the property located at 141 Main St. Section 2. Pursuant to 14 Calif. Code of Regs. S 15025(a) and S II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Conditional Use Permit 00-7 is categorically exempt from review pursuant S 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 hearing was held before the Planning Commission on August 13, 2000 to consider Conditional Use Permit 00-7. Section 4. The record of the hearing indicates the following: (a) On July 12,2000, Bob Griffith submitted an application for Conditional Use Permit 00-7. (b) Specifically, the applicant is seeking to operate a walk up/take out restaurant at the property located at 141 Main St. (c) The subject property is described as Orange County Assessor's Parcel Number 199-034-03 and is located Main Street Specific Plan zone of Old Town. (d) The surrounding land uses and zoning are as follows: North & South Retail businesses along Main St. within the Main Street Specific Plan Zone East Retail businesses within the Main St. Specific Plan zone and residential housing in a Residential High Density (RHD) zone West Residential housing a High density (RHD) zone (f) Staff has received no responses, written or other, to its mailed notice regarding Conditional Use Permit 00-7. Section 5. Based upon the evidence in'the record, including the facts stated in S 4 of this resolution and pursuant to S 28-1250 of the City's Code, the Planning Commission hereby finds as follows: (a) Conditional Use Permit 00-7 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Main St. Specific Plan" designation for the subject property. 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. AccorOingly, the proposed use is consistent with the General Plan. (b) The building and property at 141 Main St. are adequate in size, shape, topography and location to meet the needs of the proposed use of the property and addition. Section 6. Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 00-7, subject to the following conditions: I. CUP No. 00-7 is approved for the operation of a Walk upITake out restaurant (Ice Cream Stand) at 141 Main St. 2. The hours of operation of the Ice Cream Stand shall be 8 AM to 10 PM Sunday through Thursday and 8 AM to II PM Friday and Saturday, as per the Main St. Specific Plan. 3. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form 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) calendar-day appeal period has elapsed. 4. The sidewalks in front of the business establishment shall be maintained in a neat and clean manner by the proprietor. 5. A modification of this CUP shall be applied for when: a. The establishment proposes to modify any of its current Conditions of Approval. b. There is a substantial change in the mode or character of operations of the property. 6. The Planning Commission reserves the right to revoke or modify this CUP pursuant to Articles 25 and 28 of The Code of the Citv of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 7. This CUP shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. ' 8. The term of this permit shall be twelve (12) months, beginning the first day of operation of the ice cream stand. At the end of the initial term, the applicant may apply to the City for an indefinite extension. The Planning Commission may grant an extension as discussed above, provided that all Conditions of Approval have been met and no significant police or other problems have occurred. The applicant is hereby advised that a new application and accompanying fee must be submitted to the City prior to consideration of any extensions. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 23rd Day of August, 2000, by the following vote: AYES: Commissioners Hood, Brown, Cutuli, Sharp, Lyon NOES: Commissioners ABSENT: Commissioners David Hood, Ph.D., Chairman Planning Commission e Whittenberg, Secretary Planning Commission