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Home My WebLink AboutPC Res 03-15 - 2003-04-09 RESOLUTION NO. 03-15 OR / G / N A RESOLUTION OF THE PLANNING COMMISSION '4 L OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIA TION 03-3, 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 1405 SANDPIPER DRIVE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On March 5, 2003, David Simmons ("The Applicant") submitted an application for Height Vanation 03-3 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 1405 Sandpiper Drive. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Height Variation No. 03-3 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 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 April 9, 2003 to consider Height Variation 03-3. Section 4. The record of the hearing indicates the following: (a) Height Variation 03-3. On March 5, 2003 David Simmons 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 at1405 Sandpiper Drive. The covered roof access structure will exceed the heIght limit by approximately 2 feet. (c) The subject property is described as Orange County Assessor's Parcel Number 199-197-024 and is located on what is generally referred to as "The Hill." (d) The subject property is nearly rectangular in shape with a lot area of 5937 square feet. (e) The surrounding land uses and zoning are as follows: NORTH, SOUTH, EAST & WEST Single-family dwellings located in the Residential Low Density zone (RLD). (f) As of April 2, 2003, staff has received no written responses to its mailed notice regarding Height Variation 03-3. Section 5. Based upon the evidence in the record, including the facts stated in S 4 of this resolution and pursuant to ~ 28-2317(4) of the City's Code, the Planning Commission hereby finds as follows: Page 1 of2 Planmng CommISSIOn ResolutIOn 03-15 HeIght VarzatlOn 03-3 1405 Sandpiper Drzve Aprzl9, 2003 (a) Height Variation 03-3 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 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 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 architectural feature 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 03-3, subject to the following conditions: 1. HV 03-3 is approved for the construction of a non-habitable architectural feature in excess of the height limit to be located on top of a single family dwelling at 1405 Sandpiper Drive, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through HV 03-3. 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 penod 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 April 2003 by the following vote: AYES: Commissioners Hood, Deaton, Ladner, Shanks, and Sharp NOES: Commissioners None ABSENT: Commissioners None ee Whittenberg, Secretary Planning Commission Page 2 of2