HomeMy WebLinkAboutPC Res 04-17 - 2004-04-07
RESOLUTION NO. 04-17
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING HEIGHT VARIATION
04-2, PERMITTING THE CONSTRUCTION OF A NON-
HABITABLE COVERED ROOF ACCESS STRUCTURE THAT
WILL EXCEED THE HEIGHT LIMIT OF A SINGLE FAMILY
DWELLING AT B-98 SURFSIDE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On March 2, 2004, Michael Baker ("The Applicant") submitted an
application for Height Variation 04-2 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 B-98 Surfside.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILA of the
City's Local CEQA Guidelines, staffhas determined as follows: The application for Height
Variation No. 04-2 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 7, 2004 to consider Height Variation 04-2.
Section 4.
The record of the hearing indicates the following:
(a)
Height Variation 04-2.
On April 7, 2004 Michael Baker submitted an application for
(b) The applicant is requesting to construet a non-habitable covered
roof access structure to be located on a single-family dwelling located at B-98 Surfside. The
covered roof access structure will exceed the height limit by approximately 7 feet.
(c) The subject property is described as Orange County Assessor's
Parcel Number 178-461-36, and is located in the private community of Surfside.
(d) The subject property is rectangular in shape with a lot area of 875
square feet.
(e)
The surrounding land uses and zoning are as follows:
NORTH
& EAST
Pacific Coast Highway and open Huntington Harbor wetlands.
SOUTH
Residential dwellings within the Surfside Residential Low Density
(RLD) zone, Pacific Ocean and Surfside beach in the Public Land
Use/Recreation (PLU/R) zone.
WEST
Residential dwellings located within the Surfside (RLD) zone, Pacific
Ocean.
(f) As of April 1, 2004 staffhas received no written responses to its
mailed notice regarding Height Variation 04-2.
lof2
Plallll/llg CommlSSlO1l ResolutlOll No 04-17
/-Ielght VarlatlOll 04-2 - 8-98 Surfilde
Aprtl 7, 2004
Section 5. Based upon the evidence in the record, mcluding 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 Vanatlon 04-2 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 pell11its single-family residential uses. The use IS also consistent
with the remaining elements ofthe CIty'S General Plan as the policies of those elements are
consistent with, and reflected in, the Land Use Element. Accord1l1gly, 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 ofthe 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 sU11'ound1l1g neighborhood.
(d) No habitable living space IS provided within the structure.
( e) The structure does not significantly impair the pnmary view of any
property located with1l1 300 feet of the subject property.
Section 6. Based on the foregoing, the PlannIng CommISSIOn hereby approves Height
Variation 04-2, subject to the following condItions:
1. HV 04-2 is approved for the construction of a non-habitable architectural feature in
excess ofthe height limit to be located on top of a smgle family dwellIng at B-98
Surfside, Seal Beach.
2. All construction shall be in substantIal compliance with the plans approved through
HV 04-2.
3. This Height Variation shall not become effective for any purpose unless an
"Acceptance of ConditIons" fOll11 has been signed by the applicant in the presence of
the Director of Development ServIces, or notarized and returned to the Plann1l1g
Department; and until the ten (l0) day appeal penod has elapsed.
PASSED, APPROVED AND ADOPTED by the Plannmg Commission of the City of Seal Beach
at a meeting thereof held on the 7th day of April 2004 by the following vote:
AYES: Commissioners Sharp, Deaton, Eagar, Ladner, and Shanks
NOES: Commissioners None
ABSENT: Commissioners None
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/ Lee WhIttenberg
Secretary Planning Commissl
{kMO~ f/Jkl
/'l J arrres harp
t/ ChaIrperson, Planning Commission
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