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HomeMy WebLinkAboutPC Res 97-07 - 1997-04-09 ... RESOLUTION NO 97-7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT V ARIA TION 97-1, PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW SINGLE F AMIL Y DWELLING AT 116 14TH STREET THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section I On February 20, 1997, Albert Ulmer ("The Applicant") submitted an applicatIOn for Height Variation 97-1 with the Department of Development Services The applicant is seeking to construct a covered roof access structure (CRAS) in excess of the 25 foot height limit in conjunction with the construction ofa new single-family dwelling at 116 14th Street, Seal Beach Specifically, the proposed structure would house elevator equipment and would exceed the height limit by approximately 5' - 8" Section 2 Pursuant to 14 Calif Code of Regs ~ Is02s(a) and ~ II A of the City's Local CEQA Guidelines, staff has determined as follows The application for Height Variation No 97-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif Code of Regs ~ I s303(a) (New Construction of Small Structures), because the application is for the construction of three (3) or less single family dwellings in an urbanized area, ~ 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration in land use limitations in an area with an average slope ofless than 20% and no changes in land use or density are involved, and, pursuant to ~ Is061(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 hearing was held before the Planning Commission on April 9, 1997 to consider Height Variation 97-1 At the public hearing, the applicant and one person spoke in favor of the request and With no one speaking in opposition The City received five (5) written correspondences in opposition to this request Section 4 The record of the hearing indicates the following (a) Height Variation 97-1 On February 20, 1997, Albert Ulmer submitted an application for (b) The applicant is seeking to construct a covered roof access structure (CRAS) in excess of the 25 foot height limit in conJunction With the construction of a new single-family dwelling at 116 14th Street, Seal Beach Specifically, the proposed structure would house elevator equipment and would exceed the height limit by approxImately 5' - 8" (c) The subject property is legally described as Orange County Assessor's Parcel Number 199-082-16 (d) The subJect property IS rectangular in shape with a lot area of approximately 2,750 square feet (e) The subject property is surrounded by a mixture of single-family and multi-family residences located in the Residential High (RHO) of Old Town (f) The City received five (5) written responses in opposition to ItS mailed notice regarding Height Variation 97-1 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 Planmng CommiSSion hereby finds as follows' E 'My DOCUMENTS'HEIGHTVARIATlONS'97-1 RESOLUTION DOC .. Planning romnllMlon ResolutIOn No 97-7 (a) Height Variation 97-1 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "high density resIdential" designation 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 keep10g 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 appropriate for the character and Integrity of the surrounding neighborhood where a number of similar structures are located within the immediate vicinity (d) With the removal of the enclosed landing area, 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 on the foregoing, the Planning Commission hereby approves Height Variation 97-1, subJect to the following conditions 1 Height Variation 97-1 is approved for the construction ofa covered roofaccess structure (CRAS) in excess of the height limit in conjunction with the construction ofa new single family dwelling at 116 14th Street, Seal Beach, 2 The proposed CRAS shall be modified to remove the approximately 5' x 55' enclosed landing area 3 All construction shall be in substantial compliance with the plans approved through HV 97-1, as amended herein 4 There shall be no habitable space permitted within the covered roof access structure. 5 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 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 9th day of April 1997, by the following vote AYES, Commissioners Brown, Hood, Law, Sharp, Yost NOES CommiSSIOners ABSENT, Commissioners ee Whittenberg, Secretary Planmng CommiSSion Page 2