The URL can be used to link to this page

Home My WebLink AboutPC Res 07-29 2007-06-20 RESOLUTION NO. 07-29 O,f>/CI- /114< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 07-4, PERMITTING THE CONSTRUCTION OF A NON-HABITABLE ARCHITECTURAL FEATURE TO HOUSE AN ELEVATOR AT AN EXISTING SINGLE FAMILY DWELLING AT 235 15th Street THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SectIon 1. On Apnl 4, 2007, Mr. George Brown submitted an apphcatIOn for Height Vanation 07-4. The proposed project would allow for the construction of a non-habitable architectural feature m excess ofthe 25-foot height limit. SpecIfically, the apphcant proposes to construct a 8-ft. 4-in. by 4-fi 4-m. elevator enclosure to exceed the height hmlt by 5 feet; 7 feet is the maXImum heIght vanation penmtted. At the Plannmg Commission meetmg of May 9, 2007, the Planning CommissIOn dlfected 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 revlewmg the house plans as origmally drawn, the apphcant detemlined that an addItIonal Uoot would need to be added to the elevator enclosure to accommodate the elevator car and appurtenant mechanical eqmpment. 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 informmg them of the modification to the original plan and delay the hearing until the regular meetmg of June 20, 2007. SectIon 2. Pursuant to 14 Cahf. Code of Regs. ~ 15025(a) and ~ I1.A of the Clty's Local CEQA GUldelmes, staff has detennmed as follows: The application [or HeIght VariatIOn No. 07-2 IS categorically exempt from reVieW pursuant to the Cah[omia Environmental Quahty Act pursuant to 14 Calif. Code of Regs. 9 15303(a) (New ConstructIOn of Small Structures), because the apphcation is for the constructIOn of three (3) or less smgle family dwelhngs in an urbanized area; 9 15305 (Minor AlteratIOns in Land Use Limitations) because the request IS for a mmor alteratIon m land use hmitations 111 an area with an average slope of less than 20% and no changes 111 land use or denSIty are mvolved, 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 hearmg was held before the Planmng Commission on June 20, 2007 to consider Height Variation 07-4. At the public hearing the lof4 Planllll/g CommlSSlO/I ResolutlOlI No 07-29 Height VanatlOn 07-4 235 - 15tlr Street June 20. 2007 Plannmg CommISSIOn received mto the record all eVidence and testimony provided on this matter Section 4. The record of the hearIng indicates the followmg: (a) On Apnl 4, 2007, Mr. George Brown submItted an applIcatIOn for HeIght VanatIOn 07-4. (b) The Applicant IS requestmg to construct an 8-ft. 4-m. by 4- ft. 4-m. elevator enclosure to exceed the height limit by 5 feet at 235 15th Street, 7 feet IS the maximum height variatIon pemlItted. (c) The subject property is descnbed as 235 15th Street, Seal Beach, California. 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 surroundmg land uses and zonmg are as follows NORTH, SOUTH, EAST & WEST Slllgle and multiple family dwellings located in the Residential HIgh Density Zone (RHD). (f) The proposed elevator enclosure will have similar roof lines, roofing material, and siding that is architecturally compatible WIth the new home. (g) The proposed elevator enclosure compnses approximately 32 square feet and is located at the nonh Side of the building, WIth the roofline being flush with the north buildlllg wall and the enclosure walls set back approximately 20 feet 7 lllches from the front (east) of the buildll1g, 10 feet 6 inches from the south bmldmg wall, and 56 feet 7 lllches from the rear (west) buildmg wall SectIon 5. Based upon the evidence m the record, includll1g the facts stated In S 4 oft1lls resolution and pursuant to S 28-2317(D) of the City's Code, the Plannll1g CommIssion hereby finds as follows: (a) Height Vanation 07-4, 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 penmts sll1gle and multiple family reSidentIal uses. The use is also consistent with the remaining elements of the City's General 20f4 Plannmg CO/1unlsslOn ResolutIOn No 07-29 Height VarwtlOn 07-4 235 - 151h Street June 20. 2007 Plan as the polIcIes of those elements are consIstent with, and reflected 1l1, the Land Use Element. Accordmgly, the proposed use IS conSIstent WIth the General Plan. (b) The proposed non-habItable architectural feature, as conditIOned, IS architecturally in keeping with the remainder of the structure, with the roof pitch, roofing matenals and sidlllg archItecturally compatIble wIth that of the remalllder of the structure (c) The proposed elevator enclosure, as condItIoned, IS appropriate for the character and llltegnty of the surrounding neighborhood (d) No habitable living space IS provided withlll 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 bUlldmg, With the enclosure walls set back approximately 3 feet from the north buIlding wall, 20 feet 7 inches from the front ofthe bUllding, 10 feet 6 111ches from the south building wall, and 56 feet 7 ll1ches from the rear building wall. (f) The proposed non-habItable architectural feature, as condItIoned, does not sIgmficantly impair the primary view of any property located within 300 feet of the subject property. SectIOn 6. Based on the foregoing, the Planmng CommIssIon hereby approves Height Variation 07-4, subject to the following condItions: 1 Height Variation 07-4 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 rooflll1e flush WIth the north bUlldll1g wall and enclosure walls set back approximately 3 feet from the north buildll1g wall at 235 15th Street, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through HV 07-4. 3. There shall be no habitable space pemlitted withm the architectural feature. 4. ThIS Height VariatIOn shall not become effective for any purpose unless an "Acceptance of ConditIOns" fonn has been SIgned by the apphcant 111 the presence of the DIrector of Development Services, or notarized and returned to the Planmng Department; and untll the ten (10) day appeal period has elapsed. 5. The applicant shall mdemmfy, defend and hold harnlless City, ItS officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resultmg to any and all persons, firms, or corporations furnishing 30f4 Planl1lng COlnl1llSSlOn ResolutIOn No 07-29 Height Vm WtlOl1 07-4 235 - /5/h Street June 20. 2007 or supplying work, serVIces, materials, or supplIes 111 connectIon with the performance of the use pennitted hereby or the exerCIse of the nghts granted herein, and any and all claIms, lawsUIts or actIOns ansing from the granting of or the exercise of the rights permitted by thIS HeIght VariatIon, and from any and all clallns and losses occurring or resultmg to any person, firm, corporatIon or property for damage, inJury or death arismg out of or connected with the perfomlance of the use pennitted hereby. Applicant's obligatIOn to mdemmfy, defend and hold hannless the City as stated herem shall include, but not be lImited to, paymg all fees and costs incurred by legal counsel of the City's choice in 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 m any such laWSUit or actIOn. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 20th day of June 2007 by the following vote: AYES: CommissIoners Deaton, Massa-Lavitt, and Roberts NOES. Commissioners None ABSENT: Commissioners Bello ABSTAIN: CommIssIoners None Ji~~~~ Ellery Deaton Chairperson, Planning CommissIOn **** 40f4