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Home My WebLink AboutPC Res 02-41 - 2002-11-06 ORIGINAL RESOLUTION NUMBER 02 - 41 A RESOLUTION OF THE PLANNTNG COMMISSION OF THE CITY OF SEAL BEACH APPROVTNG HEIGHT VARIA TJON 02-5, TO PERMIT A COVERED ROOF ACCESS STRUCTURE AT 1210 ELECTRIC A VENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 2, 2002, Seta Ghazarian (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 02-16 and Height Variation 02-5. The applicant is proposing a covered roof aecess structure at the rear of 1210 Electric Avenue, adjacent to the southerly property line. The proposed covered roof acccss structure is proposed to be 4 feet wide and 15 feet in length, with a height to the top of the roof at 32 feet. The proposed roof style is similar in nature to that of the proposed second story addition. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ItA of the City's Local CEQA Guidclines, staff has determined as follows: The application Height Variation 02-5 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15305 (Minor Alterations in Land Use Limitations) because the request is ror a minor alteration m land use limitations in an area with an average slope of less 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. the following: Thc rccord of the hearing of November 6, 2002 indicates a. On October 2, 2002, Seta Ghazarian (the "Applicant") filed an application with the Dcpartment of Development Services for Conditional Use Permit 02- 16 and Height Variation 02-5. b. Specifically, the applicant is proposing to construct non-habitable architectural features comprising higher roof elevations in excess of the 25-foot maximum height limit, but within the allowable architectural feature height provision of 32 feet, in conjunction with a proposed major addition to a nonconforming residential structure at 121 0 Electric Avenue. c. The Code of the City of Seal Bcach The Code of the City of Seal Beach, (Code) states that no building or structure shall exceed the height limit for the district and zone in which it is located. However, Section 28-2317(4) provides for height variations for non-habitable architectural features. Specifically, Section 28-2317( 4)(A) states: "Scope: Non-habttable architectural features, such as spires, towers, cupolas, belfries, monuments, parapets (not reqUIred by Uniform Building Code), domes and covered stairwells to open roof decks may exceed the height limit established for the district in which such structure is located to a maximum of seven feet (7') if granted pursuant to the procedures contained in this section," d. The subject property, Orange County Assessor's parcel number 199- 076-27, is located in the Residential High Density zone (RHD). C'\[)ocumc"l1ls and Sellmgs\LWhlttenberg\My Ducuments\RESO\HV 02-5 (1210 ElcctTlc) PC Reso doc\LW\1O-30-D2 Plannmg CommiSSIOn Resolution 02-41 Height Varlatimz 02-5 /2/0 Electrzc Avenue November 6, 2002 e. The height limit for structures on the subjeet property, which is located in thc Residential High Density (RHD) zone, is 25 feet. The maximum height elevations of the proposed arehitectural features are 32 feet. The maximum proposed height is within thc seven-foot (7') allowance provided for a non-habitable architectural feature under Section 28-2317(4). f. The subject property is an irregular shaped parcel having 30.20 feet of frontage on Thirtccnth Street, being 117.50 feet in depth. The property has approximately 67 feet of depth along the rear alley. The property is approximately 5,821 squarc feet in area and contains a single-story living unit (1210 Electric Avenue) and three apartments and four off-street parking spaccs. g. The surrounding land uses and zoning are as follows: SOUTH, EAST & WEST Residential Housing located in a Residcntial High Density zone NORTH Public open space in the Public Land Use/Recreation (pLU/R) Zone. h. In response to the mailed and published notIce of this hearing staff has received no responses, written or oral, to this request as of October 30,2002. Section 4. Based upon thc facts contained in the record, ineluding those stated in ~3 of this resolution and pursuant to ~~ 28-2317 of the City's Code, the Planning Commission makes thc following findmgs: I. Height Variation 02-5 is consistent with the provisions of the Land Use Element of the CIty's Gcneral Plan, which provides a "high density residential" dcsignation for the subject property and permits multi-family residential uses. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elcments are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. 2. The proposed non-habitable architectural feature, as conditioned for approval, is architecturally in keeping with the remainder of the structure, with the roofing materials and siding matching those of the remainder ofthe structure. 3. The proposed non-habitable architectural feature, as conditioned for approval, is appropriate for the character and integrity of thc surrounding neighborhood and pennissible by code. 4. No habitable living space is provided within the structure. 5. The proposed non-habitable architectural featurc, as conditioned for approval, does not significantly impair the primary VIew of any property located within 300 feet of the subject property. Scction 5. Based upon the foregoing, the Plannillg Commission hereby approves Height Variation No. 02-5, subject to the following eonditions: 1. Height Variation 02-5 is approved for the construction of a non-habitable architectural feature in excess of the height limit at 1210 Electric Avenue. 2. All construction shall be in substantial compliance with the plans approved through HV 02-5, with the following modifications: D The size of the covered roof access structure shall be reduced to comply with the adopted City standard of 4 feet widc by 9.5 feet long. D The overall height of the covered roof access structure shall not excccd 30 feet. HV 02-5 (1210 Eleclllc) PC Reso 2 Plallning COIllIllL~slon Resolution 02-41 Height VariatIOn 02-5 1210 Electric Avenue November 6, 2002 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 appeal period has elapsed. 4. The applicant shall indemnify, dcfend and hold harmlcss City, its officers, agents and cmp10yees (collectively ''the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection WIth the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, inJUry or death arising out of or connected with the performance of thc use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the CIty as statcd herein shall includc, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or aetiolls, expert witness fccs, and any award of damages, judgments, verdicts, court costs or attorneys' fees 111 any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of thc City of Seal Beach at a meeting thereof held on the 6th day of November 2002, by the following votc: AYES: Commissioners Hood, Ladner, Shanks, and Sharp NOES: Commissioners Deaton ABSENT: Commissioncrs ABSTAIN: Commissioners David Hood, Ph.D. Chairman of the Planning HV 02-5 (1210 Electllc) PC Reso 3