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HomeMy WebLinkAboutPC Res 98-13 - 1998-05-06 .. . .c. RESOLUTION NUMBER 98-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING HEIGHT Y ARIATION NO. 98- 2, A REQUEST TO CONSTRUCT A CUPOLA IN EXCESS OF THE MAXIMUM HEIGHT LIMIT IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AT 519 OCEAN AVENUE ~- THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1. On April 23, 1997, Alan Harbour submitted an application for Height Yariation 98-2 The applicant is requesting to construct a non-habitable architectural feature in excess of the 25 foot maximum height limit in conjunction with the construction ofa new single-family dwelling at 519 Ocean Avenue, Seal Beach Specifically, the applicant is proposing to construct an open (no walls) cupola four (4') above the allowable height limit Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II A ofthe City's Local CEQA Guidelines, staff has determined as follows' The application for Height Yariation No 98-2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif Code of Regs. ~ 15303(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 ~ 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 hearing was held before the Planning Commission on April 22, 1998 to consider the application for HV 98-2 At the public heanng the applicant spoke in favor of the request with one person speaking in opposition Section 4 The record of the hearing on April 22, 1998 indicates the following (a) Height Yariation 98-2 On April 23, 1997, Alan Harbour submitted an application for (b) The applicant is requesting to construct a non-habitable architectural feature in excess of the 25 foot maximum height limit in conjunction With the construction of a new single-family dwelling at 519 Ocean Avenue, Seal Beach Specifieally, the applicant is proposing to construct an open (no walls) cupola four (4') above the allowable height limit. (c) The subject property is legally described as Orange County Assessor's Parcel Number 199-031-34 and is located at the northwest comer of Ocean Avenue and 6tJo Street (d) square feet (25' x 110') The subject property is rectangular in shape with a lot area of2750 (e) The subject property is surrounded on all sides by a mixture of single family and multi family residential uses in the Residential High Density zone (RHO) (f) As of April 14, 1998, staff has received no responses to Its mailed/published notice regarding Height Variation 98-2 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 Planning Commission hereby finds as follows o 'My DocumentsIHe'llht Vanabons\98-2 Resolution doc . Planning CommISSIOn ResolutIOn No 98-13 May 6, /998 . .. . (a) Height Variation 98-2 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 subjeet 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 cupola is not appropriate for the character and integrity of the surrounding neighborhood No purpose is served, other than architectural, for the proposed architectural projection The potential loss of some views due to the height of the proposed structure is not offset by any benefit derived from the structure Section 6 Height Variation 98-2. Based upon the foregoing, the Planning Commission hereby denies PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of May 1998 by the following vote' AYES: Commissioners Brown, Hood, Larson, Law, Yost NOES' Commissioners ABSENT' Commissioners ee Whittenberg, Secretary lanning Commission . 98-2 Resolubon Bce be Page 2