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HomeMy WebLinkAboutPC Res 02-02 - 2002-01-09 .... OR:; AL RESOLUTION NO. 02-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 02-1, PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE IN CONJUNCTION WITH AN ADDITION TO AN EXISTING SINGLE F AMIL Y RESIDENCE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On December 3, 200 I Louis Abascal ("The Applicant") submitted an application for Height Variation 02-1 with the Department of Dcvelopment Services. The applicant is proposing to construct a covered roof access structure (CRAS) leading to a roofdeck in excess of the height limit in conjunction with the construction of a major addition to an existing single family residence at 1606 Ocean Avenue. Section 2. Pursuant to 14 Calif. Code of Regs. ~ l5025(a) and ~ ItA of the City's Local CEQA Guidelines, staff has determined as follows: The application for Height Variation No. 02-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 1 5303(a) (New Construction of Small Structures), because the application is for thc construction of three (3) or less single family dwellings in an urbanized area; ~ 15305 (Minor Altcrations 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 thcre is no possibility that the approval may have a si!,'llificant effect on the environment. Section 3. A duly noticed public hearing was held before thc Planning Commission on January 9,2002 to consider Height Variation 02-1. Scetion 4. The record of the hearing indicates the following: (a) Height Variation 02-1. On December 3, 200 I, Louis Abascal submitted an application for (b) The applicant is requesting to construct a CRAS in conjunction with an addition to an existing single family dwelling located at 1606 Ocean Avenuc. (c) The subject property is dcseribed as Orange County Assessor's Parcel Number 199-094-04 and is located within "Old Town." (d) The subject propcrty is rectangular in shape with a lot area of2500 square fect. (e) Thc surrounding land uses and zoning are as follows: NORTH, EAST & WEST Residential housing in a RHD zone in what is gcnerally referred to as "Old Town." SOUTH A mixture of singlc and multi-family housing in an RHD zone and thc Beach in a Public Land Use/Recreation (PLU/R) Zone and the Pacific Occan (f) As of January 9, 2002, staff has received no responses, writtcn or other, to its mailed notice regarding Height Variation 02-1. Section 5. Bascd 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 02-1 is consistent with the provisions of the Land Use Element ofthe City's Gcneral Plan, which provides a "high density residcntial" dcsignation for the subject property and penn its single family residential uses. The use is also consistent with the remaining elements of the City's General Plan as the policies of those ~ Planning CommisSIOn Resolution No. 02-2 elements are consistent with, and reflected in, the Land Use Element. Aecordingly, the proposed use is consistent with the General Plan. (b) The proposed CRAS is architecturally in keeping with the remainder ofthe structure, with the roofing materials and siding matching those ofthe remainder of the structure. (c) The proposed CRAS is appropriate tor the character and integrity of the surrounding neighborhood where a number of similar structures are located within the immediate vicinity. (d) No habitable living space is provided within the structure. (e) Due to the relatively flat terrain in the vieinity ofthe proposed structure, it 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 02-1, subject to the following conditions: 1. HV 02-1 is approved for the construction of a covered roof access structure (CRAS) leading to the roof deck in excess of the height limit in conjunction with the addition to an existing single family dwelling at 1606 Ocean Ave., Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through HV 02-1. 3. There shall be no habitable space pennitted within the covered roof aceess strueture. 4. This Height Variation shall not become effective for any purpose unless an "Acceptance of Conditions" fonn 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 pcriod has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9111 day of January, 2002, by the following vote: AYES: Commissioners Sharp, Brown, Cutuli, Ladner NOES: Commissioners ABSENT: Commissioners Hood Page 2