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HomeMy WebLinkAboutPC Res 96-37 - 1996-10-09 RESOLUTION NO 96-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT V ARlATlON 96-2, PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE IN CONJUNCTION WjTH THE ADDITION OF AN ELEVATOR AT AN EXISTING SINGLE FAMILY DWELLING AT 101 ELECTRIC AVENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 On September 4, 1996, Harry & Mary Wllhams ("The Applicants") subrmtted an application for Height Vanatlon 96-2 With the Department of Development Servtces The apphcants ares proposing to construct a covered roof access structure (CRAS) In excess of the height hmlt In conjunctIon With the addition of an elevator at an eXisting Single family dwelhng at 101 Electnc Avenue Sectton 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and ~ 11 A of the City'S Local CEQA Guldehnes, staff has determined as follows The apphcatlon for HeIght Vanatlon No 96-2 IS categoncally exempt from review pursuant to the Cahforma EnVironmental Quahty Act pursuant to 14 Cahf Code of Regs ~ 15303(a) (New Construction of Small Structures), because the apphcatlon IS for the construction of three (3) or less Single family dwellings III an urbamzed area, ~ 15305 (Minor AlteratIOns In Land Use LImitations) because the request IS for a rmnor alteration In land use hmltatlons In an area With an average slope ofless 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 IS no posslblhty that the approval may have a slgmficant effect on the enVlromnent Section 3 A duly noticed public heanng was held before the Planmng Commission on October 9, 1996 to conSider Height Vanatlon 96-2 At the public hearmg, the applicant spoke m favor of the request and With no one speaking m opposItion SectIon 4 The record of the heanng indicates the follOWing (a) On September 4, 1996, Harry & Mary Wllhams submitted an apphcatlon for Height Vanatlon 96-2 (b) The apphcants are requesting to construct a CRAS m excess of the reSidential height hmlt m conjunctIOn With the addition of an elevator at a smgle family dwelhng located at 101 Electnc Avenue (c) The subject property IS legally descnbed as Orange County Assessor's Parcel Number 043-311-47 and IS located wlthm the planned commumty ofBndgeport at the old City Yard property (d) The subject property IS Irregular In shape With a lot area of apprOlomately 3,350 square feet (e) The surrounding land uses and zomng are as follows NORTH, SOUTH & EAST Smgle family dwelhngs located In the ReSidentIal Low DenSity zone (RLD) Within the planned commumty ofBndgeport WEST Across and alley and across I't Street IS an apartment complex (Oakwood Garden Apartments) and a trailer park (t) As of October 2, 1996, staff has receIved no wntten responses to ItS matled notice regarding Height Vanatlon 96-2 C 'My DOCUMENTS'HEIGHiVARIATIONs'96-2 RESOLUTION DOC . Planmng Comnlls<lOn Re5olullOn /VO 96-37 SectIOn 5 Based upon the eVidence In the record, including the facts stated In ~ 4 of thIs resolution and pursuant to ~ 28-2317(4) of the City's Code, the Planning CommIssion hereby finds as follows (a) HeIght VanatlOn 96-2 IS consIstent with the provISions of the Land Use Element of the City's General Plan, whtch proVides a "low denSity reSidential" deSignation for the subject property and permits single family reSidential uses The use IS also consistent with the remaimng 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 of Similar structures are located Within the Immediate vlclmty (d) No habitable liVing 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 Within 300 feet of the subject property Section 6 Based on the foregOing, the Planmng CommiSSion hereby approves Height Vanatlon 96-2, subject to the follOWing conditions Height VanatlOn 96-2 IS approved for the construction of a covered roof access structure (CRAS) In excess of the heIght hmlt In conjunction With the addition of an elevator at a Single family dwelling at 101 Electnc Avenue, Seal Beach 2 All construction shall be In substantial comphance With the plans approved through HV 96-2 3 There shall be no habitable space permitted within 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 In the presence of the Director of Development Services, or notanzed and returned to the Planmng Department, and until the ten (10) day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the Planning CommiSSion of the City of Seal Beach at a meeting thereof held on the 9th day of October, 1996, by the follOWing vote AYES Comnussloners Brown, Hood, Law, Sharp NOES CommISSioners ABSENT CommiSSioners Yost , Bn~$d:! Planmng CommiSSion Whittenberg, Secretary P anrung Commission Page 2