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HomeMy WebLinkAboutPC Res 05-49 - 2005-10-26 RESOLUTION NO. 05-49 OR/C/f// /1/4L. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 05-4, PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE IN CONJUNCTION WITH A NEW SINGLE FAMILY RESIDENCE AT B-116 SURFSIDE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On August 31, 2005 Joseph Louis Hernandez ("The Applicant") submitted an application for Height Variation 05-4 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 35 foot height limit in conjunction with the construction of a new single family residence at B-116 Surfside. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILA of the City's Local CEQA Guidelines, staff has determined as follows: The application for Height Variation No. 05-4 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 October 26, 2005 to consider Height Variation 05-4. Section 4. The record ofthe hearing indicates the following: (a) On August 31, 2005, Joseph Louis Hernandez submitted an application for Height Variation 05-4. (b) The applicant is requesting to construct a CRAS in conjunction with a new single family dwelling located at B-116 Surfside (c) The subject property is described as Orange County Assessor's Parcel Number 178-461-54 and is located within Surfside Colony. Page 1 of4 Planmng Commlsswn Resolutwn No 05-49 HeIght Varzatwn 05-4 B-116 SUlfslde October 26, 2005 (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 Pacific Coast Highway, Huntington Harbor and Anaheim Bay 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 in the Residential Low Density zone (RLD) of Surfs ide. (f) As of October 14, 2005 staff has received no responses, written or other, to its mailed notice regarding Height Variation 05-4. 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 05-4 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 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 within 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 significantly impair the primary view of any property located within 300 feet of the subject property. Page 2 of4 Plannzng CommiSSIOn Resolution No 05-49 Height Varzation 05-4 B-1 16 Surfslde October 26, 2005 Section 6. Based on the foregoing, the Planning Commission hereby approves Height Variation 05-4, subject to the following conditions: 1. Height Variation 05-4 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 single family dwelling at B-116 Surfside, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through HV 05-4. 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. 5. The Applicant shall indemnify, defend and hold harmless the city, its officers, agents and employees (collectively hereinafter referred to as "the City") 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 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 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 indemnify, 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 26th day of October 2005 by the following vote: AYES: Commissioners Shanks, Ladner, O'Malley, and Roberts, NOES: Commissioners None ABSENT: Commissioners Deaton Page 3 of4 . . Lee Whittenberg Secretary, Planning Comm. **** Page 4 of 4 Plannmg CommIssIOn ResolutIOn No 05-49 HeIght Varzatzon 05-4 8-116 Surfslde October 26, 2005 ~~ Gordon Shanks Chairperson, Planning Commission