HomeMy WebLinkAboutPC Res 94-13- 1994-05-04
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RESOLUTION NUMBER 94-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING HEIGHT VARIATION
NO 94-2, PERMITTING THE CONSTRUCTION OF A
COVERED ROOF ACCESS STRUCTURE IN EXCESS OF THE
25 FOOT HEIGHT LIMIT AT 1603 SEAL WAY, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
SectIOn 1 On March 11, 1994, Joe and Adnenne Kalnuck ("The Applicants")
filed an application for HeIght Vanatlon 94-2, Vanance 94-2 and CUP 94-2 WIth the Department
of Development Services The appbcants sought a vanance from the required rear yard setback
to penmt an extsting second story bedroom to remam with its present setback In conjunction WIth
a maJor remodeVadditlon to a nonconfonmng Single family dwelling located at 1603 Seal Way,
Seal Beach The subJect property is nonconfonmng due to Inadequate rear yard setback
The requested height variatIOn IS to construct a covered roof access structure in excess of the 25
foot height bnut
SectIOn 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II A of the
CIty'S Local CEQA GUIdelines, staff has deternuned as follows The apphcatlon for HV No 94-2
IS categoncally exempt from reVIew pursuant to the Ca1tforma EnVITonmental QUalIty Act
pursuant to 14 Ca1tf Code of Regs ~ 15301 (Existmg Uses), because the apphcatlon IS for an
extsting use whtch IS not expanding In excess of50% 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 slgmficant effect on the
enVITonment
SectIon 3 A duly noticed pubbc heanng was held before the Planning
ConumsslOn on Apnl 20, 1994 to consider the apphcation for Height Vanation No 94-2 The
applicant spoke In favor ofthts request with no persons spealang In opposition
SectIOn 4
The record of the hearing on Apnl 20, 1994 indIcates the follOWIng
(a) On March 11, 1994, Joe and Adnenne Kalnuck filed applications for
Vanance 94-2, Conditional Use Permit 94-2 and Height Vanation 94-2 WIth the Department of
Development Services
(b) Specifically, the applicants are requesting a vanance from the reqUired rear
yard setback to penmt an existing second story bedroom to remain with its present setback in
conJunction with a maJor remodeVaddltlon to a nonconfonntng single fanuly dwelling located at
1603 Seal Way, Seal Beach The subJect property IS nonconforming due to madequate rear yard
setback
The requested heIght vanatlon IS to construct a covered roof access
structure In excess of the 25 foot height linut
(c) The subJect property is legally descnbed as Orange County Assessor's
Parcel Number 199-094-37
(d) The subject property is surrounded on three (3) SIdes by a nuxture of single
fanuly and multi-family reSIdences In the Residential HIgh DenSIty zone, (RHO), and by the
PaCIfic Ocean to the south
(e) The subJect property IS nonconfonmng due to inadequate rear yard
setback SpeCifically, the existing structure provides a five (5') foot rear yard setback for both the
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Planning CommISSIon ResolutIon No 94-/3
May 4, /994
first and second floors Setbacks of twelve (12') feet for the first floor and six (6') feet for the
second floor are required
(f) The subject structure was constructed m 1959
(g) The City receIved no wntten comments respond1Og to the notices of the
hearing on CUP No 94-2
Section 5 Based upon the facts contained in the record, includ10g those stated in
~ 4 of this resolutIon, and pursuant to ~~ 28-2500 through 28-2502 of the City'S Code. the
P1anmng Commission hereby finds as follows
(a) HeIght VariatIOn 94-2 IS consIstent WIth the prOVIsions of the Land Use
Element of the CIty'S General Plan, whtch proVIdes a "high density resIdential" designation for the
subJect property and pemUts single and multi-family resIdentIal uses The use is also conSIstent
WIth the remaining elements of the City's General Plan as the pohcles of those elements are
conSIstent WIth, and reflected m, the Land Use Element Accordingly, the proposed use is
conSIstent with the General Plan
(b) The proposed CRAS is archttecturally in keeping with the remainder of the
structure, WIth the siding matchtng those of the rema10der of the structure The Commission shall
determine whether the proposed metal roofls appropnate for the style of the rema10der of the
structure
(c) The proposed CRAS IS In keeping with the character and integnty of the
surrounding neighborhood where a number of similar structures are located Wlthtn the immediate
Vlcmity
(d) No habitable hVlng space IS prOVIded withtn the structure
(e) Due to the relatively flat terrain in the vicinity of the proposed structure, it
does not sigmficantly Impair the pnmary VIew of any property located WIthin 300 feet of the
subJect property
SectIOn 6 Based upon the foregOing, the Planning CommissIon hereby
approves Variance 94-2, subJect to the follOWing conditIOns
1 Height Vanatlon 94-2 is approved for the construction ofa covered roof access structure
(CRAS) in excess of the hetght limit in conJunction WIth a major addItion/remodel of an
extstlng single fanuly dwelhng at 1603 Seal Way, Seal Beach
2 All construction shall be In substantIal compliance WIth the plans approved through HV
94-2
3 There shall be no habitable space pemUtted Wlthtn the covered roof access structure
4 This Height Variation shall not become effective for any purpose unless an "Acceptance of
ConditIOns" form has been signed by the apphcant 10 the presence of the DIrector of
Development Servtces, or notarized and returned to the Planning Department, unttl the ten
(10) day appeal period has elapsed
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Planning CommISSIon ResolutIon No 94-/3
May4, /994
PASSED, APPROVED AND ADOPTED by the Planning CommisSIon of the CIty of Seal Beach
at a meeting thereof held on the 4th day of May, 1994 by the following vote
AYES Commissioners
Sharp, Campbell, Soukup, Law
NOES ConumsslOners
ABSENT ConumsSloners
Dahlman
Ba rry C rt 1 S , Secretary
Planmn ConumsSlon
~e-J ".Ly:;
lark Soukup, Vlce Chalrman
Planning CommissIon
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