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HomeMy WebLinkAboutPC Res 02-35 - 2002-08-21 ORIGINAL RESOLUTION NO. 02-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 02-4, PERMITTING THE CONSTRUCTION OF A NON- HABITABLE COVERED ROOF ACCESS STRUCTURE THAT WILL EXCEED THE HElGHT LIMIT OF A SINGLE FAMILY DWELLING AT 1300 CATALINA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On July 10, 2002, Martin Portcr ("The Applicant") submitted an application for Height Variation 02-4 with the Department of Development Services. The applicant is proposing to construct a non-habitable covered roof access structure in excess of the height limit to be located on a family dwelling at 1300 Catalina. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ TT.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Height Variation No. 02-4 is categorically exempt from rcview 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 [or the construction of three (3) or less single family dwellings in an urbanized area; S 15305 (Minor Alterations in Land Use Limitations) because the request is for a minor alteration in land use limitations in an area with an avcrage slope of less than 20% and no changes in land use or density are involved; and, pursuant to ~ 15061(b)(3), bccause it can be seen with certainty that there 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 August 21,2002. Section 4. The record ofthc hcaring indicates the following: (a) Height Variation 02-4. On July 10, 2002 Martin Porter 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 1300 Catalina. The Covered roof access structure will cxeced the height limit by approximately 3 Y2 feet. (c) The subject property is dcscribed as Orange County Assessor's Parcel Number 199-197-0 I and is located on what is generally rcferred to as "The Hill." (d) The subject property is nearly rectangular in shapc with a lot area of 6500 square feet. (e) The surrounding land uses and zoning are as follows: NORTH Single family dwellings located in the Residential Low Density zone (RLD) and 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 Single family dwellings located in the Residential Low Dcnsity zone (RLD). (t) As of August 14, 2002, staff has received no written responses to its mailed notice regarding Hcight Variation 02-4. Plannlllg CommiSSIOn Resolution No. 02-35 Height Var/C/tion02-4 1300 Catalma Avenue Section 5. Based upon the evidence in the rccord, 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 02-4 is consistent 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 pennits single family residential uses. Thc use is also consistent with the remaining clements of the City's General Plan as the policies of those elements arc consistent with, and reflected in. the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) 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 ofthe remaindcr of the structure. (c) The proposed Non-habitable architectural feature is appropriate for the character and integrity ofthe 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 property. Section 6. Based on the forcgoing, the Planning Commission hereby approves Height Variation 02-4, subject to the following conditions: I. Height Variation 02-4 is approved for the construction of a non-habitable architectural fcature in excess ofthe height lImit at 1300 Catalina, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through HV 02-4. 3. This Height Variation shall not become effective for any purposc unless an "Acceptance of Conditions" fonn has been signed by the applicant in the presence of the Director of Development Scrvices, or notarized and returned to the Planning Departmcnt; 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 21 <I day of August, 2002, by the following vote: Deaton, Hood, Ladner, Shanks, and Sharp AYES: Commissioners NOES: Commissioners Nonc . ABSENT: Commissioners David Hood, Ph.D., Chainn Planning Commission e hittenberg, Seerctary 'Planning CommissIOn Page 2