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HomeMy WebLinkAboutPC Res 97-12 - 1997-05-21 ,- RESOLUTION NUMBER 97-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION NO 97-2, PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE AT 309 16111 STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section I On April 23, 1997, Samuel R Loya submitted an application for Height Variation 97-2 The applicant is requesting to construct a CRAS in excess of the residential height limit in conjunction with a remodeVaddition to a single family dwelling located at 309 16th Street Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA Guidelines, staff has determined as follows The application for HV 97-2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif Code of Regs ~ 15301 (Existing Uses), because it involves the negligible expansion of an existing use, pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in a land use limitation and does not involve either a property 10 excess of 20% 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 possibility that the approval may have a significant effect on the environment Section 3 A duly noticed public heanng was held before the Planning Commission on May 21, 1997 to consider the application for HVNo 97-2 At the public hearing the applicant spoke 10 favor of the request with no one speaking in opposition Section 4 The record of the hearing on May 21, 1997 indicates the following (a) On April 23, 1997, Samuel R Loya submitted an application for Height Variation 97-2 (b) The applicant is requesting to construct a CRAS in excess of the residential height limit in conjunction with a remodeVaddition to a single family dwelling located at 309 16th Street (c) The subject property is legally described as Orange County Assessor's Parcel Number 199-065-9 and is located on the westerly side of 16th Street approximately 120 feet northward of the center of the intersection of 16th Street and Landing Way (d) of2500 square feet (25' x 100') The subject property is rectangular in shape with a lot area (e) The subject property is surrounded on all sides by a mixture of single family and multi family residential uses 10 the Residential Medium DenSity zone (RMD) (f) The City received one written response to its matled/published notice regarding Height Variation 97-2 Section 5 Based upon the facts contained in the record, including those 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 Variation 97-2 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "medium denSity residential" designation for the subject property and perouts 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 E 'Noy DocumentsIHelght Vanatlons\97-2 ResolutIOn doc ~,. Plannmg CommISSIOn Re.olutlOn No 97-/2 May 2/, 1997 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 integrity of the surrounding neighborhood where a number of similar structures are located with10 the immediate vicinity (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 significantly impair the primary view of any property located within 300 feet of the subject property Section 6 Based upon the foregoing, the Planning Commission hereby approves Height Variation 97-2, subject to the following conditions I Height Variation 97-2 is approved for the construction ofa covered roof access structure (CRAS) in excess of the height limit in conjunction with an addition/remodel ofa single family dwelling at 309 16th Street, Seal Beach 2 All construction shall be in substantial compliance with the plans approved through HV97-2 3 There shall be no habitable space permitted with10 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 applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 21st day of May, 1997 by the following vote AYES: Commissioners Brown, Hood, Law, Sharp, Yost NOES Commissioners ABSENT Commissioners ~ k. Bri M. Brown, M D , Planning CommiSSIOn e Whittenberg, Secretary Planning Commission 97-2 Resolution BCC bc Page 2