HomeMy WebLinkAboutPC Res 04-56 - 2004-12-08
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RESOLUTION NO. 04-56
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING HEIGHT VARIATION
04-9, PERMITTING THE CONSTRUCTION OF A COVERED
ROOF ACCESS STRUCTURE IN CONJUNCTION WITH A
NEW SINGLE FAMILY RESIDENCE AT B-5 SURFSIDE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On November 3,2004 Brent Sears ("The Applicant") submitted an
application for Height Variation 04-9 with the Department of Development Services. The
applicant IS proposing to construct a covered roof access structure (CRAS) leadmg to a roof deck
m excess of the height limit in conjunction with the construction of a new smgle famIly resIdence
at B-5 Surf sIde.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ IT.A of the
City's Local CEQA Guidelines, staff has determined as follows: The application for Height
Variation No. 04-9 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 m 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 December 8, 2004 to consider Height Variation 04-9.
Section 4.
The record of the hearing indicates the following:
(a)
Height Variation 04-9.
On November 3, 2004, Brent Sears submitted an application for
(b) The applicant is requesting to construct a CRAS in conjunction
with a new smgle family dwelling located at B-5 Surfside
(c) The subject property is described as Orange County Assessor's
Parcel Number 178-502-09 and is located within Surfside Colony.
(d) The subject property is rectangular in shape with a lot area of 1,560
square feet.
(e) The surrounding land uses and zoning are as follows:
NORTH Pacific Coast Highway and Huntington Harbor wetlands.
SOUTH Single-famIly dwellings in the Residential Low Density zone (RLD) of
Surfside, Pacific Ocean and the beach in a Public Land Use/Recreation zone
(PLU/R).
EAST Single-family dwellings located in the Residential Low Density zone
(RLD) of Surfside.
WEST Single-family dwellings located m the Residential Low DensIty zone
(RLD) of Surfside.
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Plannmg CommiSSIOn ResolutIOn 04-56
Height VarzatlOn 04-9 - 8-5 Surfslde
December 8, 2004
(f) As of November 29,2004 staff has received no responses, written
or other, to its mailed notice regarding Height Variation 04-9.
Section 5. Based upon the evidence in the record, including the facts stated in
94 of this resolution and pursuant to 928-2317(4) of the City's Code, the Planning Commission
hereby finds as follows:
(a) Height Variation 04-9 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 CRAS is architecturally in keeping with the
remainder of the structure, with the roofing materials and siding matching those of the other
portions of the building.
(c) The proposed CRAS is appropriate for the character and integrity
of the surrounding neighborhood where a number of similar structures are located withm 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 sigmficantly impair the primary view of any property located withm 300
feet of the subject property.
Section 6. Based on the foregoing, the Planning Commission hereby approves Height
Variation 04-9, subject to the following conditions:
1. Height Vanation 04-9 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 smgle
family dwellmg at B-5 Surfside, Seal Beach.
2. All construction shall be in substantial compliance with the plans approved through HV 04-9.
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 8th day of December 2004 by the following vote:
AYES: Commissioners
Ladner, Deaton, Roberts, Shanks, and Sharp
NOES: Commissioners
None
ABSENT: CommIssIOners None
Phil Ladner
Chairperson, Planning Commission
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Secretary, Planning Commission
Planmng CommiSSIOn ResolutIOn 04-56
Height VariatIOn 04-9 - B-5 Surfslde
December 8, 2004
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