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Home My WebLink AboutPC Res 98-05 - 1998-03-18 . , .- RESOLUTION NUMBER 98-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT Y ARIATION NO 98-1, PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE IN EXCESS OF THE MAXIMUM HEIGHT LIMIT AT AN EXISTING NON-CONFORMING SINGLE- FAMILY DWELLING LOCATED AT 250 OCEAN AVENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE' Section 1. On December 31, 1997, Brent A Sears, Architect filed an application on behalf of James and Judy Watson (the "Applicants") with the Department of Development Services for Conditional Use Permit 98-2, Yariance 98-2 and Height Yariation 98- 1. Specifically, the applicant requested to vary from the side yard setback requirements in conjunction with a major addition to a nonconforming single family residence located at 250 Ocean Avenue Seal Beach. Specifically, the applicant is proposing to maintain the existing substandard first floor side yard setback for a proposed second floor addition The proposed project includes the addition of a new second floor (2,755 square foot) and an interior remodel of the existing first floor and basement levels which would include a 251 square foot addition to the first floor. Additionally, through Height Yariation 98-1, 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 4 5 feet Section 2. Pursuant to 14 Calif. Code of Regs ~ 15025(a) and ~ II B ofthe City's Local CEQA Guidelines, staff has determined as follows' The application for Height Yariation No. 98-1 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 ~ 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 March 4, 1998 to consider the application for Height Yariation No. 98-] At the hearing the applieant spoke in favor of the request with one person speaking in opposition Section 4. The record of the hearing on March 4, 1998 indicates the following (a) On December 31, 1997, Brent A Sears, Architect filed an application on behalfofJames and Judy Watson (the "Applicants") with the Department of Development Services for Conditional Use Permit 98-2, Yariance 98-2 and Height Yariation 98- 1 (b) The applicants are requesting to vary from the side yard setback requirements in conjunction with a major addition to a nonconforming single family residence located at 250 Ocean Avenue Seal Beach Specifically, the applicant is proposing to maintain the existing substandard first floor side yard setback for a proposed second floor addition. The proposed project includes the addition of a new second floor (2,755 square foot) and an interior remodel of the existing first floor and basement levels which would include a 251 square foot addition to the 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 o \My OocumentsIHe'9h1 Venatlons\96-1 Resolubon doc Planning CommIssIOn Resolution No 98-5 March 18, 1998 , limit by approximately 4.5 feet. (c) The subject property, Orange County Assessor's parcel number 199-112-6, is located along the Gold Coast area on the southerly side of Ocean Avenue. The property is nearly rectangular in shape with the following dmensions: 49.97' x 196' (9,800 square feet) (d) The subject property has approximately 50 feet of frontage on Ocean Avenue. (e) The subject property is legally nonconforming due to inadequate side yard setback on both the easterly and westerly sides of the property Specifically, the Code requires a 15% setback (7.5') along a side street and a 10"10 setback (5') on an interior side The property provides a 2' -6" setback along the 3 rd Street stub and a 3' to 4' setback on the interior side. (f) The easterly side the subject property abuts a portion of3rd Street (25 feet in width) which is closed and used only for pedestrian and emergency vehicle aceess to and from the beach (g) The surrounding land use and zoning are as follows' North Across Ocean Avenue is a mixture of single family and multi- family residential uses in the Residential High Density zone South The beach and Pacific Ocean in the Public Land Use / Recreation zone. East & West Single family residences in the Residential Low Density zone (h) City has received no comments, written or other, in response to the mailed/published notices of the hearing on CUP 98-2Nariance 98-2 and HV 98-1. Section 5 Based upon the facts contained in the record, including those stated in ~ 4 of this resolution and pursuant to ~~ 28-2317 of the City's~, the Planning Commission hereby finds as follows' (a) Height Yariation 98-1 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 permits single family residential uses. The use is also consistent with the remaining elements ofthe 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 integrity of the surrounding neighborhood where a number of similar structures are located within 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 No 98-1 subject to the following conditions' 1 Height Variation 98-1 is approved for the construetion of a covered roof access structure 98-1 ResoIubon ace be Page 2 Planmng CommISSIOn ResolutIOn No 98-5 March 18, 1998 , (CRAS) in excess of the height limit in eon junction with an addition/remodel of a single family dwelling at 250 Ocean Avenue, Seal Beach. 2 All construction shall be in substantial compliance with the plans approved through Height Yariation 98-1. 3 The applicant shall remain bound by all conditions of approval of CUP 98-2 and Yariance 98-2. 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 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 18th day of March 1998 by the following vote AYES: Commissioners u....o...l lJ nS+- I r.:u.... ~ 8..-0 u.:ln I i:Ml -'~ "\ ~ J J .J NOES Commissioners ~ ABSTAIN Commissioners gMk~ Planning Commission ee Whittenberg, Secretary Planning Commission 98-1 ResoIubon Bee be Page 3