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HomeMy WebLinkAboutPC Res 01-17 - 2001-05-09 , RESOLUTION NO. 01-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 01-2, PERMITTING THE CONSTRUCTION OF A NON- HABITABLE COVERED ROOF ACCESS STRUCTURE THAT WILL EXCEED THE HEIGHT LIMIT OF A SINGLE PAMIL Y DWELLING AT 1205 CRESTVIEW. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On march 29, 200 I, Brent Sears ("Thc Applicant") submitted an application for Height Variation 01-2 with the Department of Development Services. The applieant is proposing to construct a non-habitable covered roof access structure in excess of the height limit to bc locatcd on a family dwelling at 1205 Crestview. Section 2. Pursuant to 14 Calif. Code ofRcgs. ~ l5025(a) and ~ II.A of the City's Local CEQA Guidelines, staffhas detennined as follows: The application for Height Variation No. 01-2 is categorically exempt from revicw pursuant to the California Enviromnental Quality Act pursuant to 14 Calif. Codc of Regs. ~ 1 5303(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 oflcss than 20% and no changes in land usc or density arc involved; and, pursuant to ~ 15061(b)(3), because it can be seen with certainty that therc 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 18, 2001 and continued to May 9, 2001 to consider Height Variation 01-2. Section 4. The rccord ofthe hcaring indicates the following: (a) Height Variation 01-2. On March 29,2001 Brent Sears submitted an application for (b) The applicant is requesting to construet a non-habitable covered roof access structure to be loeated on a single family dwclling located at 1205 Crestview. The Covercd roof access structure will exceed the height limit by approximatcly 6 Y2 feet. (c) The subjcct property is described as Orange County Assessor's Parcel Number 199-132-09 and is located on what is generally referred to as "The Hill." (d) The subject property is nearly rcetangular in shape with a lot area of 6500 square feet. (e) The sunuunding land uses and zoning are as follows: NORTH Gum Grove Park in a Public Land Use & Recreation (PLU/R) zone and the Hellman Ranch Property within the Hellman Ranch Specific Plan Zone. SOUTH, EAST & WEST Singlc family dwellings loeated in the Residential Low Density zone (RLD). (1) As of May 2, 2001, staffhas rcecivcd no written responses to its mailed notice regarding Height Variation 01-2. Section 5. Based upon the evidence in the record, including thc facts stated in ~ 4 ofthis resolution and pursuant to ~ 28-2317(4) of the City's Code, the Planning Commission hercby finds as follows: Plan/Illig Cummission ResolutIOn No. 01-17 (a) Height Variation 01-2 is consistent with the provisions of the Land Use Elcmcnt of the City's General Plan, which provides a "low density residential" designation for the subject property and permits single family rcsidcntial uses. The use is also consistent with the remaining elements of the City's Gcneral Plan as the policies of those elements arc consistcnt with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with thc Gcneral Plan. (b) Thc proposcd Non-habitable covered roof access structurc 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 ncighborhood. (d) No habitable living space is provided within the structure. (e) The structure docs not significantly impair the primary view of any property located within 300 teet of the subjcct propel1y. Section 6. Based on the foregoing, the Planning Commission hereby approves Height Variation 01-2, subject to the following conditions: 1. HV 01-2 is approved for the construction of a non-habitablc architectural feature in excess of the height limit to be located on top of a single family dwclling at 1205 Crestview, Seal Beach. 2. All construction shall be in substantial compliancc with the plans approved through HV 01-3. 3. This Height Vmiation shall not beeome effective for any purpose unless an "Aeceptancc of Conditions" form has been signed by the applicant in the presence of the Director of Devc10pment Services, or notUl;zed and returned to the Planning Department; mld until thc tcn (10) day appcal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereofheld on the gthday of May, 2001, by the following vote: Hood, Cutuli, Brown, Larson, Ladner AYES: Commissioners NOES: Commissioners ABSENT: Commissioners David Hood, Ph.D., C Planning Commissio Whittenberg, Secretary Jannmg CommiSSion Page 2