HomeMy WebLinkAboutPC Res 08-28 - 2008-10-08
RESOLUTION NO. 08-28
OR/6//11
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
HEIGHT VARIATION 08-1, PERMITTING THE
CONSTRUCTION OF A NON-HABITABLE
ARCHITECTURAL FEATURE ON AN EXISTING
SINGLE FAMILY DWELLING AT 1709 ELECTRIC
AVENUE, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. On July 14, 2008, Mr. Marty Mirand submitted an application for
Height Variation 08-1. The proposed project would allow for the construction of a non-habitable
architectural feature in excess of the 25-foot height limit. Specifically, the applicant proposes to
construct a 9'-10" by 5'-1" elevator enclosure to exceed the height limit by approximately 4'-9";
7 feet is the maximum height variation permitted.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILA of the
City's Local CEQA Guidelines, staff has determined as follows: The application for Height
Variation No. 08-1 is categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to 14 Calif. Code of Regs. ~ 15301(e)(2)(A) (Existing Facilities), because
the application is for the addition to an existing structure not resulting 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 maximum development permissible in the General Plan and (B), The area
in which the project is located is not environmentally sensitive; and, pursuant to ~ 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 October 8, 2008 to consider Height Variation 08-1. At the public hearing, the
Planning Commission received into evidence all written and oral testimony provided on this
matter.
Section 4.
The record of the hearing indicates the following:
(a) On July 14, 2008 Mr. Marty Mirand submitted an
application for Height Variation 08-1.
(b) The Applicant is requesting to construct an approximately
9'-10" by 5'-1" elevator enclosure to exceed the height limit by 4'-9" at 1709 Electric Avenue; 7
feet is the maximum height variation permitted.
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Planning Commission Resolution No. 08-28
Height Variation 08-1
1709 Electric Avenue
October 8, 2008
(c) The subject property is described as 1709 Electric Avenue,
Seal Beach, California, Assessor's Parcel Number: 199-062-41. The subject property is located
in the Residential High Density (RHD) zone, in an area generally referred to as "Old Town"
(d)
of approximately 3,168 square feet.
The subject property is rectangular in shape with a lot area
(e)
The surrounding land uses and zoning are as follows:
NORTH, SOUTH,
EAST, AND WEST:
Single- and multiple family dwellings located in the
Residential High Density (RHD) and Residential Medium
Density (RMD) Zones.
(f) The proposed non-habitable architectural feature will have
similar roof lines, roofing material, and siding that is architecturally compatible with the new
home.
(g) The proposed non-habitable architectural feature comprises
approximately 50 square feet and is located at the side wall of the building, with a setback of
approximately 9'-6" from the front of the building.
Section 5. Based upon the evidence in the record, including the facts stated in
~ 4 of this resolution and pursuant to ~ 28-2317(D) of the City's Code, the Planning Commission
hereby finds as follows:
(a) Height Variation 08-1, 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 and multiple 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, as
conditioned, is architecturally in keeping with the remainder of the structure, with the roof pitch,
roofing materials and siding architecturally compatible with that of the remainder of the
structure.
(c) The proposed non-habitable architectural feature, as
conditioned, is appropriate for the character and integrity of the surrounding neighborhood.
(d) No habitable living space is provided within the structure.
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Planning Commission Resolution No. 08-28
Height Variation 08-1
1709 Electric Avenue
October 8, 2008
( e) The proposed non-habitable architectural feature, as
conditioned, is approximately 50 square feet in area and is located at the side wall of the
building, with a setback of approximately 9' -6" from the front of the building.
(f) The proposed non-habitable architectural feature, as
conditioned, does not significantly impair the primary view of any property located within 300
feet of the subject property.
(g) The requested accommodation is requested by or on the
behalf of one or more individuals with a disability protected under the Fair Housing Laws
because the applicant has been diagnosed with conditions, both chronic and progressive, that
restrict his motility.
(h) The requested accommodation is necessary to provide the
applicant an equal opportunity to use and enjoy a dwelling because an elevator will be the only
way for the applicant to comfortably and safely access bedrooms and bathrooms on the second
floor and the medically recommended hot tub located on the rooftop deck.
(i) The requested accommodation will not impose an undue
financial or administrative burden or result in a fundamental alteration in the nature of the City's
zoning program because the proposed elevator structure is a type of amenity allowed pursuant to
the Height Variation process provisions of the Zoning Code.
CD The requested accommodation will not, under the specific
facts in the record, result in a direct threat to the health or safety of other individuals or
substantial physical damage to the property of others because the proposed elevator structure is a
type of amenity allowed pursuant to the Height Variation process provisions of the Zoning Code.
Section 6. Based on the foregoing, the Planning Commission hereby approves
Height Variation 08-1, subject to the following conditions:
1. Height Variation 08-1 is approved for the construction of a non-habitable architectural
feature for an approximately 50 square foot elevator enclosure up to 4'-9" in excess of
the 25-foot height limit and set back approximately 9'-6" from the front of the building at
1709 Electric Avenue, Seal Beach.
2. All construction shall be in substantial compliance with the plans approved through
Height Variation 08-1.
3. There shall be no habitable space permitted within the architectural feature.
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.
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Planning Commission Resolution No. 08-28
Height Variation 08-/
/709 Electric Avenue
October 8, 2008
5. The applicant shall indemnify, defend and hold harmless City, its officers, agents and
employees (collectively "the City" hereinafter) from any and all claims and losses
whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing
or supplying work, services, materials, or supplies in connection with the performance of
the use permitted hereby or the exercise of the rights 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 any and all claims and losses occurring or
resulting to any person, firm, corporation or property for damage, injury or death arising
out of or connected with the performance of the use permitted hereby. Applicant's
obligation to indemnify, defend and hold harmless the City as stated herein shall include,
but not be limited to, paying 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 in 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 8th day of October 2008 by the following vote:
AYES: Commissioners Deaton, DeLay, Massa-Lavitt, and Eager
NOES: Commissioners None
ABSENT: Commissioners Bello
ABSTAIN: Commissioners None
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,/ El ery Deaton
Chairperson, Planning Commission
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Lee Whittenberg
Secretary, Planning Commission
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