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HomeMy WebLinkAboutPC Res 97-46 - 1997-12-03 J RESOLUTION NUMBER 97-46 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION NO 97-3 PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE AT A-69 SURFSIDE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On October 7, 1997, Jim Haskett (the "Appbcant") filed an appbcation WIth the Department of Development SeTVIces for HeIght Vanation 97-3 The applicant IS requestmg to construct a CRAS in excess of the residentIal height hIDlt 10 conjunctIon With a remodeVadditlon to a smgle faffilly dwelbng located at A-69 Surf SIde Section 2 Pursuant to 14 Cabf Code of Regs ~ l5025(a) and ~ IT B of the CIty'S Local CEQA Guldebnes, staffhas deteTffilned as follows The appbcatlon for HV 97-3 IS categorically exempt from reVIew pursuant to the CaiIforma Environmental Quality Act pursuant to 14 Cabf Code of Regs ~ 15301(e)(2) (Existing Facilities), because It mvolves an addItIon of less than 10,000 square feet to an exIstmg use located m an area where all pubbc ServIces are available to allow for maxIffium development penmsslble 10 the General Plan, and, pursuant to ~ l5061(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 COffiffilsslon on November 19, 1997 to conSider the appbcatlon for HV No 97-3 Atthe pubbc heanng the appbcant spoke m favor of the request WIth no one spea1ang 10 oppOSItion Section 4 The record of the heanng on November 19, 1997mdlcates the following (a) On October 7, 1997, Jun Haskett submitted an appbcatlon for CUP 97-11 and HeIght Vanatlon 97-3 WIth the Department of Development ServIces (b) The appbcant IS requestmg through CUP 97-11 To perform a major addition/remodel to a nonconfoTffilng smgle fa1D1ly dwelling located at A-69 Surf side The property IS nonconfoTffilng due to an inadequate front yard setback of the garage and madequate Side yard setback for an elevated walkway on the northwesterly SIde of the structure The proposal mcludes the addItIon of approXimately 380 square feet to the ground level of the structure, includmg a new tandem parkmg space and a new bath room AddItionally, the appbcant is proposmg mtenor remodel of the remamder of the structure, as well as the roof HV 97-3 To construct a covered roof access structure (CRAS) 10 excess of the 35 foot heIght bffilt m Surf Side SpecIfically, the proposed structure would exceed the height liffilt by approXimately 4 'h feet (c) The subject property is located 10 Surfside Colony, a pnvate, gated commumty of smgle-family dwelbngs located on the southerly side ofPacrlic Coast HIghway at the south end of Seal Beach (d) The subject property IS rectangular 10 shape WIth an area of approXimately 1,115 square feet (25' x 44' - 6'.4") (e) The surroundmg land uses and zomng are as follows SOUTH The Pacific Ocean located in the Pubbc Land Use I Recreation o \My Documents\HOIght Vanatlons\97-3 ResolutIOn doc .- Planning ComnllsslOn ResolutIon No 97-46 December 3. 1997 NORTH, EAST & WEST zone (pLUIR) Smgle-faffilly resIdential uses 10 the ResIdential Low DensIty (RLD) zone of SUIT SIde (t) In response to the matled and published notIce oftlus heanng staff receIved four (4) responses 10 opposition to the proposed height variation SectIon 5 Based upon the facts contamed in the record, mcludmg those stated 10 ~ 4 oftlus resolution, and pursuant to ~~ 28-2407,28-2503 and 28-2504 of the City's Code, the Planning ComnusslOn hereby finds as follows (a) Height Vanatlon 97-3 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 pennits smgle fanu1y resIdential uses The use IS also conSistent WIth the remalmng 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 matclung those of the remamder of the structure (c) The proposed CRAS is appropnate for the character and integnty of the surroundmg neighborhood where a number ofslffillar structures are located witlun the Immediate Vlclmty (d) No habitable lIVIng space IS prOVIded WIthm the CRAS structure (e) Due to the relatively flat teTTaln 10 the viclmty of the proposed structure and that there IS a road dIrectly behind the subject structure, It does not sigmficantly Implllr the primary VIew of any property located witlun 300 feet of the subject property Section 6 Based upon the foregoing, the Planmng CommiSSIon hereby approves HeIght Vanatlon 97-3, subject to the follOWIng condItIons 1 Conditional Use Permit 97-11 and Height Vanatlon 97-3 IS approved for the constructIon ofa covered roof access structure (CRAS) 10 excess of the height IIffilt 10 conjunctIon WIth an addItion/remodel of a single family dwelling at A-69 SUITslde 2 All construction shall be 10 substantial compliance WIth the plans approved through HV97-3 3 There shall be no habitable space permitted WItlun the covered roof access structure 4 The apphcant remams bound by all conditions ofHV 97-3 5 This Height Vanatlon shall not become effectIve for any purpose unless an "Acceptance of CondItions" fonn has been SIgned by the applicant in the presence of the Director of Development SerVIces, or notanzed and returned to the Planmng Department, and until the ten (10) day appeal period has elapsed PASSED, APPROVED AND ADOPTED by the Planmng ComnusslOn of the CIty of Seal Beach at a meetmg thereof held on the 3rd day of December, 1997 by the follOWIng vote AYES Comffilssioners Brown. Hood. Larson. Yost NOES ComnusslOners ABSTAIN Comnussloners Law 97-3 Resolution BCC be Page 2 . ee Wluttenberg, Secretary Planmng COmffilSSlon 97-3 R08OluI1on BCC be Page 3 Planmng CommISSIOn ResolutIon No 97-46 December 3, 1997 BnJi-A~f!:r Planning COmffilsslon