HomeMy WebLinkAboutPC Res 94-18- 1994-05-18
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RESOLUTION NUMBER 94-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING HEIGHT VARIATION
NO 94-3, PERMITTING THE CONSTRUCTION OF A
COVERED ROOF ACCESS STRUCTURE IN EXCESS OF THE
25 FOOT HEIGHT LlMIT AT 1303 SEAL WAY, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
SectIOn 1 On Apn114, 1994, James V Freimuth ("The Applicant") filed an
application for Helgllt VanatlOn 94-3 with the Department of Development Services The
requested height vanatlon IS to construct a covered roof access structure In excess of the 25 foot
height limIt at 1303 Seal Way, Seal Beach
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 HV No 94-3
IS categoncally exempt from reVIew pursuant to the California EnVIronmental Quality Act
pursuant to 14 Calif Code of Regs ~ 15301 (EXIsting Uses), because the apphcatlon IS for an
eXisting use whIch IS not expanding In excess of 50% of the floor area of the structure before the
addItion, or 2,500 square feet, 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 pubhc heanng was held before the Planning
CommiSSIon on May 18, 1994 to conSIder the applicatIOn for HeIght Variation No 94-3 The
applicant spoke In favor of thIs request With no persons speaking In OppOSition
Section 4
The record of the heanng on May 18, 1994 indicates the follOWIng
(a) On Apn114, 1994, James V FreImuth ("The Applicant") filed an
applicatIOn for HeIght Vanatlon 94-3 With the Department of Development SeMces
(b) SpeCIfically, the apphcants are requesting a heIght vanatlon to construct a
covered roof access structure In excess of the 25 foot helgllt limit
(c) The subJect property IS legally descnbed as Orange County Assessor's
Parcel Number 199-09 I -17
(d) The subJect property IS surrounded on three (3) SIdes by a mixture of single
famIly and multi-famIly reSIdences In the ReSIdentIal High DenSIty zone, (RHO), and by the
PaCific Ocean to the south
(e) The City receIved no wntten comments responding to the notices of the
heanng on CUP No 94-3
SectIOn 5 Based upon the facts contained In the record, including those stated In
94 ofthls resolution, and pursuant to ~~ 28-2317 of the City's Code, the Planning ComnllSSlOn
hereby finds as follows
(a) HeIght Vanatlon 94-3 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 pernuts Single and multl-famlly 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
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Plannlllg COlIlIlll'^,OIl Re\olutlOn No 9-1-/8
May l8, 199-1
(b) The proposed CRAS IS archItecturally m keeping WIth the remamder of the
structure, WIth the SIding matchtng those of the remamder of the structure
(c) The proposed CRAS IS m keepmg with the character and mtegnty of the
surroundmg neighborhood where a number of sImilar structures are located wlthm the ImmedIate
Vlclmty
(d) No habItable liVIng space IS proVIded wlthm the structure
( e) Due to the relatively flat terram In the Vlcmlty of the proposed structure It
does not slgmficantly ImpaIr the pnmary VIew ofany property located within 300 feet of the
subJect property
SectIOn 6 Based upon the foregOing, the Planning Commission hereby
approves VarIance 94-3, subJect to the followmg conditions
CUP 94-3 IS approved for the constructIon of a covered roof access structure (CRAS) m
excess of the height limIt m conJunctIOn With the remodel ofa duplex Into a smgle family
dwelling and a second story additIon at 1303 Seal Way, Seal Beach
2 All constructIOn shall be m substantial compliance WIth the plans approved through HV
94-3
3 There shall be no habitable space penmtted wlthtn the covered roof access structure
4 The applicant shall record a covenant on the TItle of the property In a form acceptable to
the Director of Development Services mdlcatlng the structure IS a smgle fanuly dwelling
and shall remain so until such tIme as the Code of the CltV of Seal Beach IS amended to
allow greater than one dwelling umt on the property Satd covenant shall be recorded pnor
to Issuance of a bulldmg permIt
5 Thts HeIght Vanatlon shall not become effective for any purpose unless an "Acceptance of
CondItions" form has been sIgned by the applicant m the presence of the Director of
Development Services, or notanzed and returned to the Planning Department, and until
the ten (10) day appeal penod has elapsed
PASSED, APPROVED AND ADOPTED by the Plannmg CommissIon of the City of Seal Beach
at a meeting thereof held on the 18th day of May, 1994 by the followmg vote
AYES CommIssIoners
Dahlman. Law. Sharp. Soukup
NOES ConumsslOners
ABSENT Commissioners Campbell
~d//
ton Dahlman, ChaIrman
Planmng CommissIon
Whlttenbelg, Secretary
lanmng CommissIon
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