HomeMy WebLinkAboutPC Res 95-09 - 1995-05-03
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RESOLUTION NO 95-9
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING HEIGHT VARIATION
95-2, PERMITTING THE CONSTRUCTION OF A COVERED
ROOF ACCESS STRUCTURE OVER AN EXISTING
STAIRWELL TO A ROOF DECK AT AN EXISTING DUPLEX
LOCATED AT 1307 AND 1307Y:z SEAL WAY, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOL VB
Section 1 On March 15, 1995, Jim SchmIdt, Arclntect, on behalf of Don and
Suzanne Ruth ("The Apphcants") submItted an apphcatlon for HeIght VanatlOn 95-2 WIth the
Department of Development SefVIces The apphcant seeks approval ofa height vanatlOn to
construct a covered roof access structure (CRAS) In excess of the heIght hmtt In conJunctIOn WIth
the proposed enclosure of an eXIstIng extenor stairwell from the eXistIng second floor hVlng area
to an eXIsting roof deck at 1307 & 1307\4 Seal Way, Seal Beach
Section 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and ~ II B of the
CIty'S LocaJ CEQA Guldelmes, staff has determmed as follows The applicatIOn for HeIght
Variation No 95-2 IS categoncally exempt from reVIew pursuant to the Cahfornla EnVironmental
Qualtty Act pursuant to 14 Cahf Code of Regs ~ 15301 (ExistIng Uses), because It Involves a
neghgJble expansion ofan eXIstIng use, pursuant to ~ 15305 (MInor Alterations m Land Use
Llmttatlons), because the proposal Involves a mInor alteration In a land use hmltatlOn and does not
Involve either a property In excess of20% slope or a change In land use or denSIty, and finally,
pursuant to ~ 15061(b)(3), because It can be seen WIth certaInty that there IS no posslblhty that the
approval may have a SIgnificant effect on the envIronment
SectIOn 3 A duly noticed pubhc heanng was held before the Planning
Commtssion on Apnl 19, 1995 to consIder Height VanatlOn 95-2 At the pubhc heanng, the
applicant spoke In favor of the request With no one speakIng m opposItion
SectIon 4
The record of the heanng Indicates the follOWIng
(a) On March 15, 1995, Jim Schmidt, Arclntect submitted an
apphcatlon on behalf of Don and Suzanne Ruth for HeIght Vanatlon 95-2 to the Department of
Development Services
(b) The apphcant is seekmg approval ofa height vanatlon to construct
a covered roof access structure (CRAS) m excess of the height hmlt In conJunction WIth the
proposed enclosure of an existIng extenor staIrwell from the eXIstIng second floor hvmg area to
an extstmg roof deck at 1307 & 1307\4 Seal Way, Seal Beach
(c) The proposed CRAS conforms With the provIsions of~28-2317(4)
of the Code of the City of Seal Beach while it exceeds 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 199-091-15
(d)
square feet (30' x 90')
The subject property IS rectangular m shape WIth a lot area of2,700
(e)
The surrounding land uses and zOning are as follows
NORTH,
EAST & WEST
A mixture of SIngle family and multi family resIdentIal uses located the
ReSIdential High DenSity zone, (RHO)
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Plannmg CommISSIOn ResolutIOn No 95-9
May 3, 1995
SOUTH
The mUniCipal beach and the Pacific Ocean In the Pubbc Land
Use/Recreatlon zone, (pLU/R)
(g) Staff has receIved no written responses to Its mailed notice
regarding Height Vanatlon 95-2
SectIOn 5 Based upon the evtdence In the record, Includmg the facts stated In
~ 4 of tins resolution and pursuant to ~ 28-2317(4) of the CIty's Code. the Planning COl11/JllsslOn
hereby finds as follows
(a) HeIght Variation 95-2 is consistent WIth the proVIsIons of the Land
Use Element of the City's General Plan, which provides a "low denSIty reSIdential" deslgnatton for
the subJect property and permits SIngle 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 CRAS IS archItecturally In keeping WIth the
remainder of the structure, WIth the roofing materials and SidIng matchIng those of the remaInder
of the structure
(c) The proposed CRAS IS appropnate for the character and Integnty
of the surrounding neighborhood where a number ofslmtlar structures are located wltlnn the
ImmedIate vlclmty
(d) No habItable bVIng space IS prOVided WithIn the structure
( e) Due to the relatIvely flat terrain In the VICInity of the proposed
structure, It does not slgmficantly ImpaIr the pnmary view of any property located Wlthm 300 feet
of the subject property
(f) Tins request IS unique In that It IS a request to cover an eXIstIng
stwrcase The applicants are constraIned by the configuration of the eXistIng staIrwell Further,
SInce the staircase to the roof IS stacked over the staircase below, the ability to modIfY the eXIsting
roof stwr IS bmlted due to heIght clearance reqUirements for the staIrcase below Additionally, the
exlstmg stairwell IS not as steep as IS permItted by the Uniform BuildIng Code and therefore a
cover over the extstIng stwrwellls reqUired to be longer to cover the stairs and proVIde the
reqUired head clearance
Based on the above, the Planmng CommiSSIon finds the proposed CRAS IS In keepIng WIth the
CIty's pobcy for maximum CRAS sIZes
Section 6 Based on the foregOIng, the Planmng Commission hereby approves
Height Variation 95-2, subJect to the follOWIng conditions
1 CUP 95-2 is approved for the constructIon of a covered roof access structure (CRAS)
In excess of the heIght bmit In conJunction With the proposed enclosure of an eXIstIng
extenor statrwell from the eXIstIng second floor liVIng area to an eXIstIng roof deck at
1307 & 1307\4 Seal Way, Seal Beach
2 All constructIOn shall be m substantial compliance With the plans approved through
HV 95-2
3 There shall be no habItable space permitted WithIn the covered roof access structure
4 Tins HeIght Variation shall not become effective for any purpose unless an
"Acceptance of ConditIOns" form has been Signed by the appbcant In the presence of
the DIrector of Development SefVIces, or notanzed and returned to the Planning
Department, and unttl the ten (10) day appeal penod has elapsed
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Planning CommISSIOn ResolutIOn No 95-9
May 3, 1995
PASSED, APPROVED AND ADOPTED by the Planmng CommissIOn of the City of Seal Beach
at a meeting thereof held on the 3rd day of May, 1995, by the folloWIng vote
AYES Commtssloners Law, Brown, Campbell, Sharp
NOES Commissioners
ABSENT Commtssloners Dahlman
YJaKia',J ~ f-~~
Vlce Chalrman Cam~bell
PlannIng CommissIon
-
'- e W1uttenberg, Secretary
Planmng CommiSSIOn
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