The URL can be used to link to this page

Home My WebLink AboutPC Res 99-09 - 1999-04-21 . . RESOLUTION NUMBER 99-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION NO. 99-1, A REQUEST TO CONSTRUCT A COVERED ROOF ACCESS STAIRWELL IN EXCESS OF THE MAXIMUM HEIGHT LIMIT IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AT A-47 SURFSIDE AVENUE. SPECIFICALLY, THE APPLICANT IS PROPOSING TO CONSTRUCT A COVERED ACCESS STAIRWELL FOUR AND ONE-HALF (4W) ABOVE THE ALLOWABLE HEIGHT LIMIT THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On February 24, 1999, an application for Height Variation 99-1 was submitted on behalf of the property owners, Eugene and Sue DiLuigi by their architect, Me John Chipman, and on April 5, 1999, revised plans were submitted for the proposed project The applicant is requesting to construct a non-habitable architectural feature in excess of the 35-foot maximum height limit in conjunction with the construction of a new single-family dwelling at A- 47 Surfside Avenue, Seal Beach Specifically, the applicant is proposing to construct a covered roofaccess stairwell four and one-half(4'h') above the allowable height limit Section 2 Pursuant to 14 California Code of Regulations ~15025(a) and ~II(A) of the City's Local CEQA Guidelines, staff has detennined as follows the applicatIOn for Height Variation No 99-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations ~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 21, 1999 to consider the application for Height Variation 99-1 At the public hearing the applicant's architect spoke in favor of the request. Section 4 The record of the hearing on April 21, 1999 indicates the following (a) On February 24, 1999, an application for Height Variation 99-1 was submitted on behalf of the property owners, Eugene and Sue DiLuigi by their architect, Me John Chipman On April 5, 1999, revised plans were submitted for the proposed project (b) The applicant is requesting to construct a non-habitable architectural feature in excess of the 35-foot maximum height limit in conjunction with the construction of a new single-family dwelling at A-47 Surfside Avenue, Seal Beach Specifically, the applicant is proposing to construct a covered roof access stairwell four and one-half (4'h') above the allowable height limit (c) The subject property is located in Surfside Colony, a private, gated community of single-family dwellings located on the southerly side of Pacific Coast Highway at the south end of Seal Beach. Q \HeIght Vanabons\99-1\99-1 ResolutIOn doc -~ , . Plannmg Co.SlO1I Resolutt01l No 99-9 Height VanatlOlI 99-1 -A-47 Surfs/de Apn121, 1999 (d) The subject property is legally described as Orange County Assessor's Parcel Number 178-481-55 and is located at between Surfside Avenue and the beach. (e) The subject property is rectangular in shape with a lot area of approximately 1,150 square feet. The lot is approximately 25 feet wide and 46 feet deep (f) The surrounding land uses and zoning are as follows SOUTH Beach and Pacific Ocean located in the Public Land UseJRecreation (pLUIR) zone. NORTH, EAST and WEST Single-family residential uses in the Residential Low Density (RLD) zone. (g) As of April 7, 1999, staff had received three responses to the first notice for Height Variation 99-1. As of April 14, 1999, staff had received no responses to the second notice for Height Variation 99-1. (h) On April 13, 1999, staff visited the subject property to evaluate potential view obstructions from adjoining properties 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 99-1 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 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 covered stairwell is architecturally in keeping with the remainder of the structure, with the roofing materials and pitch matching those of the remainder of the structure. ( c) The proposed covered stairwell is appropriate for the character and integrity of the surrounding neighborhood where a number of structures exceeding the height limit are located within the immediate vicinity (d) No habitable living space is provided within the covered roof access stairwell structure. (e) Due to the relatively flat terrain in the vicinity, the fact it only exceeds the height limit by four and one half (4Y2) feet, the proposed structure will 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 99-1 subject to the following conditions: 1 Height Variation 99-1 is approved for the construction of a non-habitable covered roof access stairwell in excess of the height limit in conjunction with the construction of a single-family dwelling at A-47 Surfside Avenue, Seal Beach 2. All construction shall be in substantial compliance with the plans approved through HV 99-1, except that the maximum area of the covered roof access stairwell shall not exceed 42 25 square feet. I 3. There shall be no habitable space permitted within the covered roof access stairwell Page 2 ofJ 99-1 Resolution , . Planlllllg At.l:<lon ResolutIOn No 99-9 HeIght VarlatlOlI 99-/ - A-47 Su,ftl/le April 2/. /999 4 The highest elevation of the rooftop spa feature shall not exceed the maximum height of 35 feet as measured from the crown of Surfs ide Avenue at the center of the property 5. Approval from the California Coastal Commission shall be obtained prior to issuance of building permits by the City of Seal Beach The approval shall specifically incorporate the redesigned covered roof access stairwell. 6. 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 21" day of ADril 1999 by the following vote: AYES. Commissioners Cutull, Hood, Lyon and Chairman Brown NOES. Commissioners Larson ABSTAIN Commissioners None ABSENT: Commissioners None ~.~ Brian . Brown, M D , Chairman Planning Commission Whittenberg, Secretary Planning Commission Page 3 of3 99-1 Resolution