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HomeMy WebLinkAboutPC Res 95-21 - 1995-09-06 . , '. RESOLUTION NO 95-21 A RESOLUTION OF THE PLANNING COMl\.1lSSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 95-3. PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE IN CONJUNCTION WITH AN ADDITION TO A SINGLE FAMILY DWELLING LOCATED AT 240 14TH STREET, SEAL BEACH THE PLANNING COMl\.1lSSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 On August 14, 1995, Larry L and Pamela S Luckey (""The Applicants") submitted an application for HeIght Vanatlon 95-3 With the Department of Development Services The apphcants are seeking approval of a heIght vanatlon to construct a covered roof access structure (CRAS) in excess of the heIght limit 10 conjunction With a proposed additIOn to an eXisting s10gle famdy dwelhng at 240 14th Street, Seal Beach SectIOn 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and ~ II B of the CIty's Local CEQA GUldehnes, staffhas detenmned as follows The apphcatlOn for Height VanatlOn No 95-3 IS categoncany exempt from review pursuant to the Cahforma EnVironmental Quahty Act pursuant to 14 Cahf Code of Regs ~ 15301 (Exlst1Og Uses), because It Involves a negligible expansIon of an eXlst10g use, pursuant to ~ 15305 (Manor Alterations 10 Land Use LimitatIOns), because the proposal 1Ovolves a manor alteration 10 a land use hmltatlon and does not mvolve either a property 10 excess of20% slope or a change 10 land use or denSity, and finally, pursuant to ~ 15061(b)(3), because It can be seen With certa10ty that there IS no posslblllty 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 September 6, 1995 to conSider Height Vanatlon 95-3 At the public heanng, the apphcant spoke 10 favor of the request WIth no one speak10g 10 oppOSitIOn Section 4 The record of the heanng 10dlcates the fonow1Og (a) On August 14, 1995, Larry L and Pamela S Luckey submitted an apphcatlon for Height Variation 95-3 to the Department of Development Servtces (b) The apphcant IS seek10g approval ofa height vanatlon to construct a covered roof access structure (CRAS) 10 excess of the height hmlt 10 conjunction With a proposed addition to an eXlst10g smgle family dwelhng at 240 14th Street, Seal Beach (c) The proposed CRAS conforms With the proVISions of ~28-2317(4) of the Code of the Cltv of Seal Beach and meets the maximum honzontal dimenSions for a CRAS as set forth in the CIty's Pohcy Statement on CRAS construction (d) The subject property IS legally descnbed as Orange County Assessor's Parcel Number 043-132-32 (d) square feet (25' x 100') The subject property IS rectangular In shape With a lot area of"2,500 (e) The subject property IS surrounded on all Sides by a mIxture of s10gle and multIple famdy reSidences 10 the ReSidential MedIum DenSity zone (Rl\.1D) (g) Staffhas receIVed no wntten responses to ItS maded notIce regard10g HeIght Vanatlon 95-3 Section 5 Based upon the eVidence 10 the record, 1Oclud1Og the facts stated 10 ~ 4 of this resolution and pursuant to ~ 28-2317(4) of the City's Code. the Planmng CommiSSIOn hereby finds as follows D\ ~ OCCL... Planmng CommiSSIOn Resolution No 95-21 September 6.1995 (a) Height Vanatlon 95-3 IS consistent WIth the proVIsions of the Land Use Element of the City'S General Plan, which provides a ""medium density residential" deslgnatlOn for the subject property and penmts smgle family residential uses The use IS also consIstent WIth the rem31mng elements of the Clty's General Plan as the pobcles of those elements are consistent WIth, and reflected m, the Land Use Element Accordmgly. the proposed use IS conSIstent With the General Plan (b) The proposed CRAS IS archItecturally ID keeplDg With the remamder of the structure. with the roofing matenals and sldmg 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 ofslmdar structures are located wlthm the Immediate vtclmty (d) No habitable hvmg space IS prOVIded wlth10 the structure (e) Due to the relatively flat terrain 10 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 Planmng Conumsslon hereby approves Height Vanatlon 95-3. subject to the follOWIng conditions I CUP 95-3 IS approved for the construction ofa covered roof access structure (CRAS) m excess of the height brmt m conjunction With an addition to a smgle family dwelhng located at 240 17th Street, Seal Beach 2 All construction shall be m substantial comphance With the plans approved through HV 95-3 3 There shall be no habitable space permitted 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 Servtces, or notanzed and returned to the Planmng Department. and untd the ten (10) day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the Planmng CommlsslOn of the City of Seal Beach at a meet10g thereof held on the 6th day of September, 1995, by the followmg vote AYES Commissioners Brown. Campbell. Dahlman, Law, Sharp NOES ConumSSloners ABSENT CommiSSioners ~~~~~ U:t. e Whittenberg, "Secretary ~ Planmng Comrmsslon ~atk~ PatnCla E Camp bel . Chalrpe .. Plannmg CommiSSIon * * * * Page 2 D\ ~ 9CCl...