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HomeMy WebLinkAboutPC Res 00-08 - 2000-03-08 l' -~ RESOLUTION NO. 00-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT V ARIA TION 00-1, PERMITTING THE CONSTRUCTION OF A NON- HABIT ABLE ARCHITECTURAL FEATURE THAT WILL EXCEED THE HEIGHT LIMIT OF A SINGLE FAMILY DWELLING AT 1230 CATALINA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On February 8, 2000 Jay Golison ("The Applicant") submitted an. application for Height Variation 00-1 with the Department of Development Services. The applicant is proposing to construct a non-habitable architectural feature in excess of the height limit to be located on a family dwelling at 1230 Catalina. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and S ILA of the City's Local CEQA Guidelines, staff has determined as follows: The application for Height Variation No. 00-1 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 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 March 8, 2000 to consider Height Variation 00-1. Section 4. The record of the hearing indicates the following: (a) Height Variation 00-1. On February 8, 2000, Jay Golison submitted an application for (b) The applicant is requesting to construct a non-habitable architectural feature in the form of a tower to be located on a single family dwelling located at 1230 Catalina. (c) The subject property is. legally described as Orange County Assessor's Parcel Number 199-194-01 and is located on what is generally referred to as "The Hill." (d) The subject property is nearly rectangular in shape with a lot area of 5800 square feet. (e) The surrounding land uses and zoning are as follows: NORTH Residential housing in a RLD zone and Gum Grove Park in a Public Land Use & Recreation (PLUIR) zone. SOUTH, EAST & WEST Single family dwellings located in the Residential Low Density zone (RLD) of Surfside. (f) As of March 8, 2000, staff has received no responses, written or other, to its mailed notice regarding Height Variation 00-1. 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: c . Planning Commission Resolution No. 00-8 (a) Height Variation 00-1 is consistent with the provisions ofthe Land Use Element of the City's General Plan, which provides a "low 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 Non-habitable architectural feature 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 Non-habitable architectural feature is appropriate for the character and integrity of the surrounding neighborhood. (d) No habitable living space is provided within the structure. (e) The 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 00-1, subject to the following conditions: I. HV 00-1 is approved for the construction of a non-habitable architectural feature in excess of the height limit to be located on top of a single family dwelling at 1230 Catalina, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through HV 00-1. 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 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 8th day of March, 2000, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners Whittenberg, Secretary Planning Commission David Hood, Ph.D., Ch Planning Commission Page 2