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HomeMy WebLinkAboutPC Res 96-19 - 1996-04-17 .' . RESOLUTION NO 96-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 96-1, PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AT C-37 SURFSlDE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 On March 7,1996, Cheryl A Johnson ("The Appbcant") submitted an appbcatlon for Height Vanatlon 96-1 With the Department of Development SeTVIces The appbcant IS proposing to construct a covered roof access structure (CRAS) m excess of the height bffilt m conjunctIOn With the constructIOn ofa new smgle famJiy dwelling at C-37 Surf side Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II A of the CIty'S Local CEQA GUldebnes, staff has determmed as follows The appbcatlon for HeIght VanatlOn No 96-1 is categoncally exempt from review pursuant to the Cabforma EnVironmental QUality Act pursuant to 14 Calif Code of Regs ~ I 5303(a) (New Construction of Small Structures), because the appbcatlon IS for the construction of three (3) or less smgle family dwelbngs man urbamzed area, ~ 15305 (Mmor Alterations m Land Use LimitatIOns) because the request is for a mmor alteration m land use hmltatlOns m an area With an average slope ofless than 20% and no changes m land use or denSity are mvolved, and, pursuant to ~ 15061(b)(3), because It can be seen With certamty that there IS no POSSlblbty that the approval may have a slgmficant effect on the environment SectIOn 3 A duly noticed pubbc heanng was held before the Planmng COmmIssIon on Apnl 17, 1996 to conSider Height Vanatlon 96-1 At the pubbc heanng, the appbcant spoke m favor of the request and With no one speakmg m OppOSition Section 4 The record of the hearmg mdlcates the followmg (a) HeIght VanatlOn 96-1 On March 7, 1996, Cheryl A Johnson submitted an appbcatlon for (b) The appbcant IS requestmg to construct a CRAS m excess of the reSIdentIal height bffilt m conjunction With the constructIOn of a new smgle famJiy dwelling located at C-37 Surf sIde (c) The subject property IS legally descnbed as Orange County Assessor's Parcel Number 178-461-9 and IS located wlthm the pnvate commumty of Surf side (d) The subject property IS neady rectangular m shape With a lot area of884 square feet (25 14' x 35 16') (e) The surroundmg land uses and zomng are as follows NORTH Open space located wlthm the Seal Beach Naval Weapons Station m the Pubbc Land UselRecreatlon zone (pLU/R) With PaCific Coast Highway located approxImately 200 feet north of the subject plOperty SOUTH, EAST & WEST Smgle famJiy dwelbngs located m the ReSidential Low DenSIty zone (RLD) of Surf side (f) As of Apnl 10, 1996, staff has received no wntten responses to ItS maded notice regardmg Height Vanation 96-1 D '\MY DOCUM ENTS\HEIGHT V ARIA"TlONS'\9& 1 RESOLUTION DOC " Planmng Comm",.,on ResolutIOn No 96-/9 Section 5 Based upon the eVidence 10 the record, mcludmg 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 fol1ows (a) Height Vanatlon 96-1 IS consIstent with the proVISIons of the Land Use Element of the City's General Plan, which 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 10, the Land Use Element Accordmgly, the proposed use IS consistent with the General Plan (b) The proposed CRAS IS architecturally 10 keepmg With the remainder of the structure, With the roofing matenals and sldmg matchmg 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 of similar structures are located wlthm the Immediate viclmty (d) No habItable lIvmg space IS provided wlthm the structure (e) Due to the relatively flat terram 10 the vlclmty of the proposed structure, it does not slgmficantly Impair the pnmary view of any property located wlthlO 300 feet of the subject property Section 6 Based on the foregomg, the Planmng Commission hereby approves HeIght Vanation 96-1, subJect to the followmg conditions 1 CUP 96-1 IS approved for the construction of a covered roof access structure (CRAS) In excess of the height limit 10 conjunction With the construction of new a smgle family dwelling at C-37 Surf Side, Seal Beach 2 All constructIon shall be 10 substantial compliance With the plans approved through HV 96-1 3 There shal1 be no hab;table space permitted wlthm the covered roof access structure 4 ThIs HeIght Vanatlon shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant In the presence of the Director of Development ServIces, or notanzed and letumed to the Plannmg Department, and until the ten (10) day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the Planmng Commission of the City of Seal Beach at a meetmg thereof held on the 17th day of Apnl, 1996, by the followmg vote AYES CommIssIoners Brown, Campbell, Sharp NOES CommissIoners ABSENT COIll1TllSSIOners Dahlman, Law Wluttenberg, Secretary Plannmg Conumssloll VJfI1J>>1~) J f fl4 ~~ Patncla E Campbell,' Chalrm~ Planmng Commission P,lgc2