HomeMy WebLinkAboutPC Res 03-29 - 2003-07-09
RESOLUTION NO. 03-29
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING HEIGHT VARIATION
03-4, PERMITTING THE CONSTRUCTION OF A COVERED
ROOF ACCESS STRUCTURE IN CONJUNCTION WITH A
NEW SINGLE FAMILY RESIDENCE AT B-94 SURFSIDE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On June 9, 2003 Tony & Jill Nagy ("The Applicant") submitted an
application for Height Variation 03-4 with the Department of Development Services. The
applicant is proposing to construct a covered roof access structure (CRAS) leading to a roof deck
in excess of the height limit in conjunction with the construction of a new single family residence
at B-94 Surfside.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ IT.A of the
City's Local CEQA Guidelines, staff has determmed as follows: The application for Height
Variation No. 03-4 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 ofthree (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 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 July 9,2003 to consider Height Variation 03-4.
Section 4.
The record of the hearing indicates the following:
(a)
Height Variation 03-4.
On June 9,2003, Tony & Jill Nagy 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 B-94 Surfside
(c) The subject property is described as Orange County Assessor's
Parcel Number 178-461-32 and is located within Surfside Colony.
(d) The subject property is rectangular in shape with a lot area of875
square feet.
(e) The surroundmg land uses and zoning are as follows:
NORTH Residential housing in an RLD zone (Surf sIde) and open space located
within the Seal Beach Naval Weapons Station m the Public Land UselRecreation
zone (PLUIR) along with Pacific Coast Highway
SOUTH Residential Housing in a Residential Low Density (RLD) Zone (Surfside)
& Pacific Ocean and the beach in a Public Land UselRecreation (PLUIR) zone
EAST & WEST Single-family dwellings located in the Residential Low Density
zone (RLD) of Surfside.
(f) As of July 2,2003, staff has received no responses, written or
other, to ItS mailed notice regarding Height Variation 03-4.
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Planning CommISSIOn ResolutIOn No 03-29
HeIght VarzatlOn 03-4 B-94 Surfslde
July 9, 2003
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:
(a) Height Variation 03-4 is consistent with the provisions of the
Land Use Element ofthe 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 of those
elements are consistent with, and reflected In, the Land Use Element. Accordingly, the proposed
use is conSIstent with the General Plan.
(b) The proposed CRAS 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 CRAS is appropriate for 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 vicinity of the 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 03-4, subject to the following conditions:
1. Height Variation 03-4 is approved for the construction of a covered roof access structure
(CRAS) in excess of the height limit in conjunction with the construction of new a single
family dwelling at B-94 Surfside, Seal Beach.
2. All construction shall be in substantial compliance WIth the plans approved through HV 03-4.
3. There shall be no habitable space permitted within the covered roof access structure.
4. 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 9th day of July 2003, by the following vote:
AYES: Commissioners
Hood, Ladner, Sharp, Deaton, Shanks
NOES: Commissioners
None
ABSENT: CommIssioners None
David Hood, Ph.D., Chai
Planning Commission
e Whittenberg, Secretary
anning Commission
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