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HomeMy WebLinkAboutPC Res 94-44 - 1994-12-07 . RESOLUTION NO 94-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 94-5, PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AT C-34 SURFSIDE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE SectIon I On November IS, 1994, Ronald and Soma Putney ("The Applicants") subnutted an applicatIOn for Height Vanatlon 94-5 WIth the Department of Development SelVlces The applicant is proposing to construct a covered roof access structure (CRAS) In excess of the height limit In conJunction with the constructIon ofa new single fanuly dwelhng at C-34 Surf sIde Section 2 Pursuant to 14 CalIf Code of Regs ~ 15025(a) and ~ II A of the CIty'S Local CEQA GUIdelines, staff has determined as follows The applicatIOn for HClght Vanatlon No 94-5 IS categoncally exempt from rCVIew pursuant to the CalIfornia EnVIronmental Quality Act pursuant to 14 CalIf Code of Regs ~ I5303(a) (New Construction of Small Structures), because the application IS for the constructIOn of three (3) or less single family dwellings In an urbarnzed area, ~ 15305 (Minor Alterations In Land Use LlOUtatlOns) because the request IS for a nunor alteration In land use llnutatlons In an area WIth an average slope of less than 20% and no changes In land use or denSity are Involved, and, pursuant to ~ 15061(b)(3), because it can be seen with certainty that there tS no posslbdlty that the approval may have a sIgnIficant effect on the environment SectIon 3 A duly noticed public heanng was held before the Planmng CommIssion on December 7, 1994 to consider HeIght VanatlOn 94-5 At the public heanng, the applicant spoke In favor of the request and WIth one person speaking In oppositIon Section 4 The record of the heanng indicates the follOWIng (a) On November IS, 1994, Ronald and Sonia Putney submItted an application for Height Variation 94-5 (b) The applicant IS requesting to construct a CRAS In excess of the reSIdential height limit in conJunction WIth the construction of a new single family dwelling located at C-34 Surf side (c) The subJect property IS legally descnbed as Orange County Assessor's Parcel Number 178-461-12 and is located WIthin the pnvate commumty of Surf side (d) The subject property is nearly rectangular In shape with a lot area of 882 square feet (25 II' x 35 12') (e) The surrounding land uses and zomng are as follows NORTIi Open space located Wltlun the Seal Beach Naval Weapons Station In the Public Land Use!Recreatlon zone (pLUIR) WIth PaCific Coast HIghway located approxImately 200 feet north of the subJect property SOUTH, EAST & WEST Single fanuly dwellings located In the ReSIdential Low DenSity zone (RLD) of Surf side (g) Staff has received no wntten responses to Its mailed notice regarding Height Variation 94-5 1=\ 'I-IVIR.o. ace'- ., Plannrng CommISSIon ResolutIon No 94-4-1_ December 7, 1994 SectIOn 5 Based upon the eVIdence 10 the record, mcludmg the facts stated 10 ~ 4 of this resolutIon and pursuant to ~ 28-2317(4) of the City'S Code. the Planmng COmll1lSSl0n hereby finds as follows (a) Height Vanatlon 94-5 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 permJts smgle farmly residential uses The use IS also consistent With the remlUning elements of the City's General Plan as the poliCies of those elements are consistent With, and reflected 10, the Land Use Element Accordingly, the proposed use IS consistent With the General Plan (b) The proposed CRAS IS architecturally 10 keeping with the remainder of the structure, With the roofing matenals and Siding matching those of the remamder of the structure (c) The proposed CRAS IS appropnate for the character and mtegnty of the surroundmg neighborhood where a number of similar structures are located wlthm the munedlate VIcinity (d) No habitable liVIng space IS provided Wltlun the structure ( e) Due to the reIattvely flat terrlUn In the Vlclmty of the proposed structure, It does not slgmficantly Impair the pnmary view of any property located within 300 feet of the subject property Section 6 Based on the foregomg, the Plannmg Commission hereby approves Height Variation 94-5, subJect to the following conditions 1 CUP 94-5 IS approved for the construction of a covered roof access structure (CRAS) in excess of the height IlInit In conJunction With the constructton of new a smgle family dwelling at C-34 Surfside, Seal Beach 2 All construction shall be in substantial compliance With the plans approved through HV 94-5 3 There shall be no habitable space penmtted Wlthm the covered roof access structure 4 Tlus Height Vanatlon shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant 10 the presence of the Director of Development Services, or notanzed and returned to the Planning Department, and unttl the ten (10) day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the PIanmng Comll1lssion of the City of Seal Beach at a meeting thereof held on the 7th day of December, 1994, by the follOWing vote AYES Comnussloners Brown, Campbell, Dahlman, Law, Sharp NOES Comnussioners ABSENT CommissIOners - #-k~ ee Whittenberg, Secretary Planning CommisSIon ~d4_ Anton Dahlman, hlUrman Planning Comnusslon Page 2 1=\ \I.N\Roo. !lCC 10.