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HomeMy WebLinkAboutPC Res 03-03 - 2003-02-05 RESOLUTION NO. 03-3 0/(/6/111 'V4(. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 03-2, PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE IN CONJUNCTION WITH THE CONSTRUCTION OF A NEW SINGLE F AMIL Y RESIDENCE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section I. On January 2, 2003 Randy Allison ("The Applicant") submitted an application for Height Variation 03-2 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 falTIily reSIdence at 209 6th St. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ Il.A of the City's Local CEQA Guidelines, staffhas detennined as follows: The application for Height Variation No. 03-2 is categorically exempt from review pursuant to the California Enviromnental 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 ofless 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 PlalIDing Commission on February 5, 2003 to consider Height Variation 03-2. Section 4. The record of the hearing indicates the following: (a) Height Variation 03-2. On January 2, 2003, Randy Allison submitted an application for (b) The applicant is requesting to construct a CRAS in conjunction with the construction of a new single family dwelling located at 209 6111 St. (c) The subject property is described as Orange County Assessor's Parcel Number 199-023-21 and is located within "Old Town." (d) The subject propeIiy is rectangular in shape with a lot area of2938 square feet. (e) The sUlTounding land uses and zoning are as follows: NORTH, SOUTH, EAST & WEST Residential housing in a RHD zone in what is generally referred to as "Old Town." (f) As of January 29,2003, staffhas received no responses, written or other, to its mailed notice regarding Height Variation 03-2. Section 5. Based upon the evidence in the record, including the facts stated in ~ 4 ofthis resolution and pursuant to ~ 28-2317(4) of the City's Code, the PlalIDing CommiSSIOn hereby finds as follows: · Height Variation 03-2 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "high 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. Plan11lllg COlll1l11SSlOn ResolutIOn No 03-2 · 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. · The proposed CRAS is appropriate for the character and integrity of the surrounding neighborhood and pennissible by code. · No habitable living space is provided within the structure. · The proposed non-habitable architectural feature does not significantly impair the primary view of any property located within 300 feet ofthe subject property. Section 6. Based on the foregoing, the PlalIDing Commission hereby approves Height Variation 03-2, subject to the following conditions: I. HV 03-2 is approved for the construction of a covered roof access structure (CRAS) leading to the roofdeck in excess ofthe height limit in conjunction with the new construction of a single family dwelling at 209 6lh St., Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through HV 03-2. 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" fonn 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 tlle ten (10) day appeal period has elapsed. 5. The applicant shall indemnify, defend and hold hannless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, finns, or corporations furnishing or supplying work, services, materials, or supplies in connection with the per:(onnance of the use pennitted hereby or the exercise of the rights !,'fanted 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 Pennit, 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 perfonnance of the use permitted hereby. Applicant's obligatIon to indemnify, defend and hold hannless the City as stated herein shall include, 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 actions, expert witness fees, and any aww'd of damages, judgments, verdIcts, court costs or attorneys' fees 111 any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 5111 day of February, 2003, by the following vote: AYES: Commissioners Hood, Sharp, Shanks, Deaton, Ladner NOES: CommIssioners ABSENT: Commissioners David Hood, Ph.D., Chain n PlalIDing Commission Page 2 J) . ' .. Planning Commission Resolution No. 03-2 PlaIming Commission Page 3