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HomeMy WebLinkAboutPC Res 99-32 - 1999-09-08 I r .',) . . '. RESOLUTION NO. 99-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 99-3, PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AT A-99 SURFSIDE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1. On May 20,1999 Brian Straight ("The Applicant") submitted an application for Height Variation 99-3 with the Department of Development Services. The applicant is proposing to construct a covered roof access structure (CRAS) leading to a roof deck in excess of the height limit in conjunction with the construction ofa new single family dwelling at A-99 Surfside Section 2 Pursuant to 14 Calif. Code of Regs ~ 15025(a) and ~ II A of the City's Local CEQA Guidelines, staff has determined as follows' The application for Height Variation No 99-3 is categorically exempt from review pursuant to the California Enviromnental 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 enviromnent. Section 3 A duly noticed public hearing was held before the Planning Commission on September 8, 1999 to consider Height Variation 99-3. Section 4 The record of the hearing indicates the following (a) Height Variation 99-3 On May 20, 1999, Brian Straight submitted an application for (b) The applicant is requesting to construct a CRAS in conjunction with the construction of a new single family dwelling located at A-99 Surfside (c) The subject property is legally described as Orange County Assessor's Parcel Number 178-462-20 and is located within the private community of Surfside. (d) The subject property is nearly rectangular in shape with a lot area of 1775 square feet (26' x 68 3'). (e) The surrounding land uses and zoning are as follows NORTH Residential housing in a RLD zone within the Surfside Colony and open space located within the Seal Beach Naval Weapons Station in the Public Land UselRecreation zone (PLUIR) SOUTH Beach in a Public Land UseJRecreation (pLUIR) Zone and the Pacific Ocean EAST & WEST Single family dwellings located in the Residential Low Density zone (RLD) of Surfside (f) As of September 1, 1999, staff has received no written responses to its mailed notice regarding Height Variation 99-3 . Plannm!ommlsslon ResolutIOn No 99-32 . . I ...~ 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 (a) Height Variation 99-3 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 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 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 on the foregoing, the Planning Commission hereby approves Height Variation 99-3, subject to the following conditions. 1. HV 99-3 is approved for the construction of a covered roof access structure (CRAS) leading to the roof deck in excess of the height limit in conjunction with the construction of new a single family dwelling at A-99 Surfside, Seal Beach 2. All construction shall be in substantial compliance with the plans approved through HV 99-3. 3 There shall be no habitable space permitted within 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 8th day of September, 1999, by the following vote' AYES. Commissioners Jr 011- fl ~ C llt-II It) \-IuD d I III (\0", ~ 014 NOES' Commissioners ABSENT. Commissioners ~~- Planning Commission ttf-~ e Whittenberg, Secretary Planning Commission Page 2