HomeMy WebLinkAboutPC Res 03-36 - 2003-09-17
RESOLUTION NO. 03-36
OR/S/llI
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A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING HEIGHT
VARIATION 03-5, PERMITTING THE CONSTRUCTION OF
A NON-HABITABLE COVERED ROOF ACCESS
STRUCTURE THAT WILL EXCEED THE HEIGHT LIMIT
OF A SINGLE F AMIL Y DWELLING AT C-l SURFSIDE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOL VE:
Section 1. On August 11,2003, Anton & Debra Marinkovich ("The Applicant")
submitted an application for Height VariatIon 03-5 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 C-1 Surfside.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A ofthe City's Local
CEQA Guidelines, staff has determined as follows: The application for Height Variation No. 03-5 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 m 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 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. A duly notIced public hearing was held before the Planning Commission on
September 17,2003 to consider Height Variation 03-5.
Section 4. The record of the heanng indicates the following:
(a) On August 11,2003 Anton & Debra Marinkovich submitted an application
for Height Variation 03-5.
(b) The applIcant is requesting to construct a non-habitable covered roof access
structure to be located on a single-family dwelling located at C-1 Surfside. The covered roof access
structure will exceed the height lImIt by approximately 5 feet.
(c) The subject property is described as Orange County Assessor's Parcel
Number 178-471-16, and is located in the private community of Surfside.
(d) The subject property is rectangular in shape with a lot area of875 square
feet.
(e)
The surrounding land uses and zoning are as follows:
NORTH
& EAST
PacIfic Coast Highway and open Huntington Harbor wetlands.
SOUTH
ResidentIal dwellings within the Surfside Residential Low Density (RLD)
zone, Pacific Ocean and Surfside beach in the Public Land Use/Recreation
(pLU/R) zone.
WEST
ResidentIal dwellings located within the Surfside (RLD) zone, Pacific
Ocean.
Section 5. Based upon the evidence in the record, including the facts stated in ~ 4 of
this resolution and pursuant to ~ 28-2317(4) ofthe City's Code, the Planning Commission hereby finds as
follows:
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Planmng CommISSIOn ResolutIOn No 03-36
HeIght VanatlOn 03-5 - C-I Surfslde
September 17, 2003
(a) Height Variation 03-5 is consistent with the provisions ofthe 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 uses. The use is also consistent with the remaining elements
of the City's General Plan as the policIes ofthose elements are 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 of the
remainder of the structure.
(c) The proposed non-habitable covered roof access structure is appropriate for
the character and integrity of the 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 foregoing, the Planning Commission hereby approves Height Variation 03-5,
subject to the following conditions:
1. HV 03-5 is approved for the construction of a non-habitable covered roof access structure in
excess of the height limit to be located on top ofa single family dwelling at C-l Surfside, Seal
Beach.
2. All construction shall be in substantial compliance with the plans approved through HV 03-5.
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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 17th day of September 2003, by the following vote:
AYES:
Commissioners
Sharp, Deaton, Eager, Ladner, Shanks
NOES:
Commissioners
ABSENT:
Commissioners
ittenberg, Secretary
Planning Commission
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