HomeMy WebLinkAboutPC Res 01-49 - 2001-12-05
RESOLUTION NO. 01-49
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACl-l APPROVING HEIGHT VARIA nON
01-6, PERMITIING THE CONSTRUCTION OF A NON-
HABITABLE COVERED ROOF ACCESS STRUCTURE THAT
WILL EXCEED THE HEIGHT LIMIT OF A SINGLE F AMIL Y
DWELLING AT 621 SOUTHSHORE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On Octobcr 30, 200 I, Mario & Josephine Pinel ("The Applicants")
submitted an application for Height Variation 01-6 with the Department of Development
Services. The applicant is proposing to construct a non-habitable covered roof access structure in
excess of the height limit to be located on a family dwelling at 621 Southshorc.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A ofthc
City's Local CEQA Guidclines, staffhas determined as follows: The application for Height
Variation No. 01-6 is categorically cxcmpt 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 ofthree (3) or lcss single family
dwellings in an urbanized area; ~ 15305 (Minor Alterations in Land Use Limitations) becausc thc
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 noticcd public hearing was held before the Planning
Commission on December 5,2001 to consider Height Variation 01-2.
Section 4.
The reeord of the hearing indicates the following:
(a)
I-Ieight Variation 01-6.
On Dcccmber 5, 2001 Brent Sears submitted an application for
(b) The applicant is requesting to construct a non-habitablc covered
roof acccss structurc to be located on a single family dwelling located at 621 Southshore. The
Covered roof access structure will excccd thc height limit by approximately 5 12 feet.
(c) The subject property is described as Orange County Asscssor's
Parcel Number 199-161-09 and is located on what is generally referred to as "The Hill."
(d) Thc subject property is nearly rectangular in shape with a lot area
of 6200 square feet.
(e) The surrounding land uses and zoning are as follows:
NORTH, SOUTH, EAST & WEST Single family dwellings located in the
Residential Low Density .lone (RLD).
(1) As of November 28,2001, staff has rcccivcd no written responses
to its mailed notice regarding Height Variation 01-6.
Section 5. Based upon thc evidcnce 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 01-6 is consistent with thc provisions ofthe
Land Use Elcmcnt of the City's General Plan, which provides a "low density residential"
designation for the subjcct property and permits single family residential uses. The use is also
consistent with the remaining elemcnts ofthe City's General Plan as the policies of those
elements are consistent with, and reflected in, thc Land Use Element. Accordingly, the proposed
use is consistent with the General Plan.
Planning Commission Resolulion No 01-49
(b) The proposed Non-habitable covered roof access structure 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 Non-habitable architectural feature is appropriate for
the character and integrity of the surrounding neighborhood.
(d) No habitable living space is provided within the structure.
(c) The structure 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 01-6, subject to the following conditions:
1. HV 01-6 is approved for the construction of a non-habitable architectural feature in
excess of the height limit to be located on top ofa single family dwelling at 621
South shore Scal Beach.
2. All construction shall be in substantial compliancc with the plans approved through
HV 01-6.
3. 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 appcal period has elapsed.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 51hday of December 2001, by the following vote:
AYES: Commissioners
Hood, Cutuli, Brown, Ladner, Sharp
NOES: Commissioners
ABSENT: Commissioners
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