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Home My WebLink AboutPC Res 04-39 - 2004-08-18 ORIGINAL RESOLUTION NO. 04-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 04-4, PERMITTING THE CONSTRUCTION OF A NON-HABITABLE ARCHITECTURAL FEATURE TO HOUSE AN ELEVATOR AT AN EXISTING SINGLE FAMILY DWELLING AT 250 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On July 14, 2004, Susan Phillips submitted an application on behalf of James R. Watson (the "Applicant") for Height Variation 04-4 with the Department of Development Services. The Applicant is proposing to construct a non-habitable architectural feature in excess of the height limit by approximately seven feet (7') to house an elevator at an existing single family dwelling at 250 Ocean Avenue. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ Il.A of the City's Local CEQA Guidelines, staff has detennined as follows: The application for Height Variation No. 04-4 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 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 August 18, 2004 to consider Height Variation 04-4. At the public hearing, the Applicant spoke in favor of the request and with no one speaking in opposition. Section 4. The record of the hearing indicates the following: (a) Variation 04-4. On July 14, 2004, Susan Phillips submitted an application for Height (b) The Applicant is requesting to construct a non-habitable architectural feature in excess of the residential height limit to house an elevator at a single family dwelling located at 250 Ocean Avenue. (c) The subject property is legally described as Orange County Assessor's Parcel Number 199-112-06 and is located in the Residential Low Density (RLD) zone of Old Town, generally referred to as the "Gold Coast". (d) The subject property is nearly rectangular in shape with a lot area of 9,751 square feet. (e) The surrounding land uses and zoning are as follows: NORTH A mixture of single family and multi-family housing located 10 a Residential High Density (RHD) zone. EAST Stub Street WEST Single family housing in a Residential Low Density (RLD) zone. Z \My Documents\RESO\Hclght Vammtlon 04-4 250 Ocean PC Reso doc\L W\08-19-04 Planlllng CommissIOn ResolutIOn No 04-39 HeIght Varzatwn 04-4 250 Ocean Avenue August 18, 2004 SOUTH Pacific Ocean located in a Public Land Use/Recreation (PLU/R) zone. (f) The City received one written responses in opposition to the proposed project as s result of its mailed notice regarding Height Variation 04-4. Section 5. Based upon the evidence in the record, including the facts stated in ~ 4 of this resolution and pursuant to ~ 28-2317(4) of the City's Code, the Planning Commission hereby finds as follows: (a) Height Variation 04-4 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 pennits 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 architectural feature 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) The proposed architectural feature is smaller in size than similar covered roof access structures that have been constructed to accommodate stairwells. (f) 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 Planning Commission hereby approves Height Variation 04-4, subject to the following conditions: 1. Height Variation 04-4 is approved for the construction of a non-habitable architectural feature in excess of the height limit by approximately seven feet (7') in order to house an elevator at a single family dwelling at 250 Ocean Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through HV 04-4. 3. There shall be no habitable space permitted within the architectural feature. 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 notanzed and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 5. The applicant shall sign an indemnification agreement with the City regarding the City easement, which runs underneath the subject property. Such agreement shall be drafted by the City Attorney and signed by the applicant and notarized before this approval shall become valid. 6. 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 perfonnance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights HClght Vallantlon 04-4 250 Ocean PC Reso 2 Plannlllg C011lnUSSlOn ResolutIOn No 04-39 HeIght Variation 04-4 250 Ocean Avenue August 18, 2004 pennitted by this HeIght Variation, 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 award of damages, judgments, verdicts, court costs or attorneys' fees in 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 _lsth_ day of August , 2004 by the following vote: AYES: Commissioners DEATON, LADNER, ROBERTS, SHANKS, AND SHARP NOES: Commissioners NONE ABSENT: Commissioners NONE ABSTAIN: Commissioners NONE (jtt~ ~~ A.lnes Sharp, Chainnan V'lanning Commission ittenberg, Secretary Planning Commission Height VUlIanhon 04-4 250 Ocean PC Reso 3