HomeMy WebLinkAboutPC Res 04-07 - 2004-01-18
RESOLUTION NO. 04-7
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING HEIGHT VARIATION
04-1, PERMITTING THE CONSTRUCTION OF A NON-
HABITABLE COVERED ROOF ACCESS STRUCTURE THAT
WILL EXCEED THE HEIGHT LIMIT OF A SINGLE FAMILY
DWELLING AT 1701 CRESTVIEW.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On January 13, 2004 Zuhrab Ghazarian ("The Applicant")
submitted an application for Height Variation 04-1 wIth the Department of Development
Services. The applicant is proposing to construct a non-habitable covered roof access structure in
excess ofthe height limit to be located on a family dwelling at 1701 Crestview
Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9ILA of the
City's Local CEQA Guidelines, staff has determined as follows: The application for Height
Variation No. 04-1 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
dwellmgs 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 February 18, 2004.
Section 4. The record of the hearing indicates the following:
(a) On January 13, 2004 Zuhrab Ghazarian submitted an application
for Height Variation 04-1.
(b) The applicant is requesting to construct a non-habitable covered
roof access structure to be located on a single-family dwelling located at 1701 Crestview. The
Covered roof access structure will exceed the height limit by approximately 5 ~ feet.
(c) The subject property is described as Orange County Assessor's
Parcel Number 199-151-07 and is located on what is generally referred to as "The Hill."
(d) The subject property is nearly rectangular in shape with a lot area
of 8438 square feet.
(e) The surrounding land uses and zoning are as follows:
NORTH Gum Grove Park in a Public Land Use & Recreation (PLU/R) Zone and
the Hellman Ranch Property, wIthin the Hellman Ranch Specific Plan Zone.
SOUTH, EAST & WEST Single family dwellings located in the Residential
Low Density zone (RLD).
(f) As of February 11, 2004, staff has received one written response to
its mailed notice regarding Height Variation 04-1.
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:
Page 1 of3
Planning CommIssIOn ResolutIOn No 04-7
HeIght Varzatlon 04-1 1701 CrestvIew Avenue
February 18, 2004
(a) Height Variation 04-1 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 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.
(c) The proposed Non-habitable architectural feature IS appropriate for
the character and integrity of the surrounding neighborhood.
(d) No habitable living space is provided within the structure.
(e) The structure 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 04-1, subject to the following conditions:
I. Height Variation 04-1 is approved for the construction of a non-habitable architectural
feature in excess ofthe height limit at 1701 Crestview, Seal Beach.
2. All construction shall be in substantial compliance with the plans approved through HV 04-1.
The only exception to this is that the plans shall be slightly altered to be in conformance with
the City Council adopted policy guideline on Covered Roof Access Structures.
3. 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 ofthe Director of
Development Services, or notarized and returned to the Planning Department; and until the
ten (10) day appeal period has elapsed.
4. The applicant shall indemnify, defend and hold harmless 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, firms, or corporations furnishing or supplying
work, services, materials, or supplies in connection with the performance ofthe 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 permitted by this Conditional Use
Permit, 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
performance of the use permitted hereby. Applicant's obligation to indemmfy, defend and
hold harmless 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 18th day of January 2004, by the following vote:
AYES: Commissioners
Sharp, Deaton, Ladner, and Shanks
NOES: Commissioners
Eagar
ABSENT: Commissioners None
Page 2
e ittenberg, Secretary
Planning Commission
Page 3
Planning CommIssIOn ResolutIOn No 04-7
HeIght VarzatlOn 04-1 1701 CrestvIew Avenue
February 18, 2004
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