HomeMy WebLinkAboutPC Res 98-19 - 1998-06-03
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RESOLUTION NUMBER 98-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING HEIGHT VARIATION NO
98-4, PERMITTING THE CONSTRUCTION OF A COVERED
ROOF ACCESS STRUCTURE IN EXCESS OF THE MAXIMUM
HEIGHT LIMIT AT AN EXISTING NON-CONFORMING DUPLEX
LOCATED AT 213 AND 213 Y.. 7TH STREET
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
Section 1 On April 15, 1998, Sherry Mokhatanan (the "Apphcant"), filed an
application with the Department of Development Services for Conditional Use Permit 98-11 and
Height Variation 98-4.
Specifically, the applicant requested to add a second floor to the front umt of a duplex
located at 213 and 213 Y.. 7'11 Street, Seal Beach The addition is in conjunction with the
construction ofa covered roof access structure (CRAS) on top of the proposed second story
The plan varies from density requirements and legally permitted tandem parking
The proposed project includes the addition ofa new second floor (817 square foot) and
an interior remodel of the existing first floor.
Additionally, through Height Variation 98-4, the applicant is seeking to construct a
covered roof access structure (CRAS) in excess ofthe 25 foot height limit Specifically, the
proposed structure would exceed the height limit by approximately 6 5 feet
Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ n B of the
City's Local CEQA Guidelines, staff has determined as follows: The application for Height
Variation No 98-4 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 an
addition to an existing use which does not exceed 10,000 square feet in an area where all public
services and facilities are available and the project area is not in an environmentally sensitive area,
and pursuant to 0 I 5061 (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 June 3, 1998 to consider the application for Height Variation No 98-4 At the
hearing the applicant spoke in favor of the request with no person speaking in opposition
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The record of the hearing on June 3, 1998 indicates the following
(a) On April 15, 1998, Sherry Mokhtarian (the "Applicant"), filed an
application with the Department of Development Services for Conditional Use Permit 98-11 and
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Planning comr!ion Resolution 98-19
June 3, 1998
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Height Variation 98-4.
(b) The applicants are requesting to vary from lot density and height
requirements in conjunction with a major addition to a nonconforming duplex located at 213 and
213 \oS 7th Street, Seal Beach Specifically, the applicant is proposing to add a second floor to the
front unit and construct a covered roof access structure (CRAS) on top of this second floor
(c) The proposed project includes the addition ofa new second floor
(817 square foot) and an interior remodel of the existing first floor Additionally, the applicant is
seeking to construct a covered roof access structure (CRAS) in excess of the 25 foot height limit
Specifically, the proposed structure would exceed the height limit by approximately 6 5 feet
(d) The subject property, Orange County Assessor's parcel number
199-051-22, is located the Old Town area on the westerly side of 7th Steet. The property is nearly
rectangular in shape with the following dimensions 25 0' x 117' (2,937.5 square feet)
(e) The subject property has approximately 25 feet of frontage on 7th
Street
(f) The subject property is legally nonconforming due to inadequate
density Specifically, the Code requires that the Lot Area Per Dwelling Unit in District I is a
minimum of2178 square feet. The lot area of the subject property is 29375 square feet, and
would require 4,356 square feet for two legal, conforming units.
(g) City has received comments, per one written letter, in response to
the mailed/published notices of the hearing on CUP 98-11 and HV 98-4
Section 5 Based upon the facts contained in the record, including those stated in
o 4 of this resolution and pursuant to 00 28-2317 of the City's Code, the Planning Commission
hereby finds as follows
(a) Height Variation 98-4 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 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 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 appropriate for the character and integnty
ofthe surrounding neighborhood where a number of similar structures are located within the
immediate vicinity.
(d) No habitable living space is provided within the structure.
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Planning com!ion Resolution 98-19
June 3, 1998
(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.
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Section 6 Based upon the foregoing, the Planning Commission hereby
approves Height Variation No 98-4 subject to the following conditions
I Height Variation 98-4 is approved for the construction ofa covered roof access structure
(CRAS) in excess of the height limit in conjunction with an addition/remodel ofa duplex at
213 and 213 Y:z 7111 Street, Seal Beach
2. All construction shall be in substantial compliance with the plans approved through Height
Variation 98-4.
3. The applicant shall remain bound by all conditions of approval of CUP 98-11
4. There shall be no habitable space permitted within the covered roofaccess structure
5 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
6. The plans for the proposed eRAS are modified to meet City specifications Specifically, the
CRAS shall be modified from L-Shape to a Straight Staircase model (Enclosed Area-
maximum 38 square feet)
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 3n1 day ofJune 1998 by the following vote
AYES: Commissioners
Larson, Hood, Law, Brown
NOES. Commissioners
ABSTAIN Commissioners
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Planning com!ion Resolution 98-19
June3, 1998
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~ Brown, M D
Chairman, Planning Commission
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