HomeMy WebLinkAboutPC Res 04-48 - 2004-11-03
OR/G
A RESOLUTION OF THE PLANNING COMMISSION / N A, L
OF THE CITY OF SEAL BEACH DENYING HEIGHT
VARIATION 04-7, DENYING THE CONSTRUCTION
OF A COVERED ROOF ACCESS STRUCTURE IN
CONJUNCTION WITH THE CONSTRUCTION OF A
NEW SINGLE FAMILY RESIDENCE AT 150 12th
STREET, SEAL BEACH
RESOLUTION NO. 04-48
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section I. On September 9,2004 Keith Dawson ("The Applicant") submitted
an application for Height Variation 04-7 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 150 lth Street.
Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9 II.A of the
City's Local CEQA Guidelines, staff has detennined as follows: The application for Height
Variation No. 04-7 is categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to 14 Calif. Code of Regs. 9 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; 9 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 9 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 October 6, 2004 to consider Height Vadation 04-7.
Section 4.
The record of the hearing indicates the following:
(a)
VariatIon 04-7.
On September 9,2004, Keith Dawson submitted an application for Height
(b) The applicant is requesting to construct a CRAS in conjunction with the
construction ofa new single family dwelling located at 150 12th Street.
(c) The subject property is described as Orange County Assessor's Parcel
Number 199-076-32 and is located within "Old Town."
(d) The City received one communication in opposition to the project, in
response to the notices of the hearing for HV 04-7, and four persons spoke in opposition at the
public hearing.
(e) The surrounding 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."
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 04-7 is one of three applications on immediately
adjoining properties, and such a concentration of CRAS structures is not compatible with the
surroundmg neighborhood, therefore, the CRAS requested by Height Variation 04-7 is not
consistent with the provisions of the Land Use Element of the City's General Plan, which
Z \My Documcnls\RESO\HV 04-7 PC Re&olul1on doc\LW\ll-04-04
Pla1l1uIlg CommlSSlO1l ResolullOll No. 04-48
HeIght VarzallOll 04-7, 150 Twelfth St/'eel
November 3, 2004
provides a "high density residential" designation for the subject property and permits single
family residential uses. The use is also not 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 not consistent with the General Plan.
(b) The proposed non-habitable covered roof access structure is not
compatible with the remainder of the neighborhood, as the project has become the subject of
protest by the community.
(c) The height and appearance of the proposed CRAS structure are not in
keeping with the surrounding neighborhood, as the project is located in a highly visible area at
the easterly terminus of Central Avenue, and would significantly alter the character and integnty
of the neighborhood.
(d) The proposed non-habitable architectural feature would significantly
impair the primary view of properties located within 300 feet of the subject property.
Section 6.
Height Variation 04-7.
Based on the foregoing, the Planning Commission hereby demes
PASSED, APPROVED AND ADOPTED by the Planning COlmnission of the City of
Seal Beach at a meeting thereof held on the 3rd day of November 2004, by the following vote:
AYES: Commissioners
Deaton, Roberts, Shanks, and Sharp
NOES: Commissioners
ABSENT: Commissioners Ladner
ABSTAIN: Commissioners
~~rman
Planning Commission
Whittenberg, Secretary
lanning Commission
BY 04-7 PC ResolutIOn
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