HomeMy WebLinkAboutPC Res 01-34 - 2001-08-08
RESOLUTION NO. 01-34
A RESOLUTION Of THE PLANNlNG COMMISSION
OF THE CITY OF SEAL BEACI-I APPROVING
HEIGHT VARIATION 01-4, PERMITTING THE
CONSTRUCTION OF A NON-HABITABLE
COVERED ROOF ACCESS STRUCTURE THA T
WILL EXCEED THE HEIGl-IT LIMIT OF A SINGLE
FAMILY DWELLING AT 254 1ill STREET
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. On July 3, 2001, Joe & Mary Fregoso ("The Applicant") submitted
an application for l-leight Variation 01-3 with the Department of Development Services. The
applicant is proposing to construct a non-habitable eovered roof access structure in excess of the
height limit to be located on a family dwelling at 254 I ill St.
Section 2. Pursuant to 14 Calif. Code of Regs. * 15025(a) and * Il.A of the
City's Local CEQA Guidelines, staff has determined as follows: The application for l-leight
Variation No. 01-4 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 of less
than 20% ami 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
siglliIicant effect on the environment.
Section 3. A duly noticed public hearing was held before the Planning
Commission on August 8, 200] .
Section 4.
The record of the hearings indicate the following:
(a)
Height Variation 01-4.
On July 3,2001 Joe & Mary Fregoso submitted an application for
(b) The applicant is requesting to construct a non-habitable covered
roof access structure to be located on a single family dwelling located at 254 1 ill S1.. The
Covered roof access structure will exceed the height limit by approximately 3 feet.
(c) The subject property is described as Orange County Assessor's
Parcel Number 043-062-30.
(d) The subject property is nearly rectangular in shape with a lot area
of 2500 square feel.
(c) The surrounding land uses and zoning are as follows:
SOUTH & NORTH: Residential housing in a Residential Medium Density zone.
EAST: A mixture of commercial businesses and housing in the Limited
Commercial (Lie) zone.
WEST: Residential housing located m a Residential Medium Density zone
(RMD).
Plcmnmg CQmmi~sion Resolu/lOn No 01-34
Height Varia/ion 01-4 - 25417'" St.
A IIgllst 8, 2001
(1) As of August I, 200 I, staff has not received any responses, written
or other, to its mailed notice regarding I-Ieight Variation 01-4.
Section 5. Based upon the evidence in the record, including the [acts stated in
~ 4 ofthis resolution and pursuant to S 28-2317(4) of the City's Code, the Planning Commission
hereby finds as [ollows:
(a) I-Ieight Variation 01-4 is consistent with the provisions of the Land
Use Element o[ the City's General Plan, which provides a "medium density residential"
designation [or the subject property and permits single family residential uses. The use is also
consistent with the remaining clements of the City's General Plan, as the policies o[ those
elements are consistent with, and rellectcd in, the Land Use Element. Accordingly, the proposed
use is consistcnt with thc Gcneral Plan.
(b) As conditioned by StalI, 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 ofthc surrounding neighborhood.
(d) No habitable living space is provided within the structure.
(e) The structure does not significantly impair the primary view of any
property located within 300 feet of the subject propcrty.
Section 6. Based un the foregoing, the Planning Commission hereby approves Height
Variation 01-4, subject to the following conditions:
1. HV 01-4 is approved for the construction of a nun-habitable architectural feature in
excess of the height limit to be located on top of a single family dwelling at 254 17th
St., Seal Bcach.
2. All construction shall be in substantial compliance with the plans approved through
I-IV 01-4.
3. This Hcight Variation shall not become eftective 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 notarizcd and returned to the Plalming
Department; and until the ten (10) day appeal period has elapsed.
PASSED, APPROVED AND ADOPTED by the Planning Commission ofthe City o[ Seal
Beach at a meeting thereofhcld on the 81h day of August, 2001, by the following votc:
^ YES: Commissioncrs
Hood, Cutuli, Brown, Ladner, Sharp
NOES: Commissioners
ABSENT: Commissioners
ADSTAIN: Commissioners
DavId Hood, Ph.D., Chairman
Planning Commission
Page 2
ee Whittenberg, Secretary
Planning Commission
Page 3
Plalllllllg COlI/lllISSlOn Resolu/101I No 01-34
Helghl V arianon 01-4 - 254 17'" 81
August 8,2001