HomeMy WebLinkAboutPC Res 01-18 - 2001-05-09
RESOLUTION NO. 01-18
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
I-IEIGHT VARIATION 01-3, PERMITTING THE
CONSTRUCTION OF A NON-HABITABLE
COVERED ROOF ACCESS STRUCTURE THAT
WILL EXCEED THE HElGHT LIMIT OF A SINGLE
FAMILY DWELLING AT 110 OCEAN.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. On March 29, 2001, Brent Sears (''The Applicant") submitted an
applieation for Height Variation 01-3 with the Department of DevelopmCllt Services. The
applicant is proposing to construct a non-habitable covered roof access strueture in excess of the
height limit to be locatcd on a family dwelling at 110 Ocean.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILA of the
City's Local CEQA Guidelines, staff has determined as follows: The application for I-leight
Variation No. 01-3 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 Altcrations in Land Use Limitations) bL'Cause the
request is for a minor alteration in land use limitations in an area with an average slope of less
than 20% and no chunges in land use or density arc involved; and, pursuant to ~ L5061(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.
Scction 3. A duly noticed public hcming was held before thc Planning
Commission on April 18, 200 I and continucd to May 9, 2001 to consider l-leight Variation 01-3.
Section 4.
The rL'Cord ofthe heatings indicatc the following:
(a)
Height Variation 01-3.
On March 29, 2001 Brent Sears submitted an application tor
(b) Thc applicant is requesting to construct a non-habitable covered
roof access structure to be located on a single family dwelling located at 110 Ocean. The
Covcred roof aecess structure will exceed the height limit by approximately 6 fect.
(c) The subject prope11y is described as Orange County Assessor's
Purcel Number 199-111-05 and is loeated in what is generally re[en'ed to as "The Gold Coast."
(d)
of 11,280 squarc feet.
The subject property is nearly rectangular in shape with a lot area
(e)
The surrounding land uses and zoning are as follows:
SOUTH: Pacific Ocean in a Public Land Use & Recrcation (PLU/R) zone
NORTH: A mixture of single family and multi-family housing in a Rcsidcntial High
Density (RHD) zone.
EAST & WEST: Single family dwellings located in the Residential Low Density
zone (RLD).
Plannlllg ComnllSSlOn Reilolution No 01-18
Height VarzatlOn 01-3 -110 Ocean Avenue
May 9.2001
(f) As of May 2, 2001, staff has reecived 1 written response to its
mailed notice regarding Height Variation 01-3.
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
hercby finds as follows:
(a) Height Variation 01-3 is consistcnt 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 uscs. The usc is also consistent with
thc remaining elements of the City's General Plan, as thc policies of those elements are
consistent with, and reflected in, the Land Use Elemcnt. Accordingly, the proposed use is
consistent with the Gcneral Plan.
(b) As conditioned by Staff, the proposed Non-habitable covercd roof
access structure is architecturally in kceping with thc remainder of the structure, with the roofing
matcrials and siding matching those of the remainder of the struelure.
(c) The proposed Non-habitable architcctural feature is appropriate for
the charactcr and integrity of the sU1Tounding neighborhood.
(d) No habitable living space is provided within the structurc.
(e) The structure does not significantly impair the primary view of any
property located within 300 fect of the subject property.
Scction 6. Based on tile foregoing, the Planning COlmnission hereby approves Height
Variation 01-3, subject to the following conditions:
1. HV 01-3 is approved for the construction of a non-habitable architectural feature in
excess of the height limit to be located on top of a single family dwelling at 110
Occan, Seal Beach.
2. All eonstruction shall be in substantial compliance with the plans approved through
HV 01-3.
3. This Height Variation shall not becomc efTective for any purpose unless an
"Aceeptance of Conditions" fonn has been signed by the applicant in thc presencc 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 9tbday of May, 2001, by the following vote:
AYES: Commissioncrs
Hood, Cutuli, Brown, Sharp, Ladner
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Conunissioners
Page 2
. .
e Whittenberg, Secretary
Plannmg Commission
Page 3
PIWl/lill1{ CommlSSlO1l ResolutlOll No. 01-18
He/girt Variation 01-3 - 110 Oceall Avenue
if!.. 'd- Mw9.200J
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David Hood, Ph.D., Chal an
Planning Commission