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HomeMy WebLinkAboutPC Res 05-36 - 2005-07-06 RESOLUTION NO. 05-36 0 ~/ 6'h A RESOLUTION OF TIIE PLANNING COMMISSION OF TIIE /114(' CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 05-2, PERMITTING THE CONSTRUCTION OF A COVERED ROOF ACCESS STRUCTURE IN CONJUNCTION WITH A NEW SINGLE FAMILY RESIDENCE AT B-106 SURFSIDE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On June 2, 2005, Charles Degele ("The Applicant") submitted an application for Height Variation 05-2 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 B-1 06 Surfside. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Height Variation No. 05-2 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 July 6,2005 to consider Height Variation 05-2. Section 4. The record of the hearing indicates the following: (a) Height Variation 05-2. On June 2, 2005, Charles Degele submitted an application for (b) The applicant is requesting to construct a CRAS in conjunction with a new single-family dwelling located at 8-106 Surfside. (c) The subject property is described as Orange County Assessor's Parcel Number 178-461-44 and is located within Surfside Colony. (d) The subject property is rectangular in shape with a lot area of 878.20 square feet. (e) The surrounding land uses and zoning are as follows: NORTH Single-family dwellings in the Residential Low Density zone (RLD) of Surfside Colony. SOUTH Across 20' wide private roadway, single family dwellings in the Residential Low Density zone (RLD) of Surfside Colony, 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 Surfs ide Colony. WEST Single-family dwellings located in the Residential Low Density zone (RLD) of Surfside Colony. Page 1 of3 Plannmg CommiSSIOn ResolutIOn No 05-36 Height Varratlon 05-2,8-106 Surfside July 6, 2005 (f) As of June 30, 2005 staff has received no responses, written or other, to its mailed notice regarding Height Variation 05-2. Section 5. Based upon the evidence in the record, including the facts stated in S 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 05-2 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 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 covered roof access structure feature 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 covered roof access structure is appropriate for the character and integrity of the surrounding neighborhood and is permissible by code. (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. Section 6. Based on the foregoing, the Planning Commission hereby approves Height Variation 05-2, subject to the following conditions: 1. Height Variation 05-2 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-I06 Surfside, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through HV 05-2. 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 (l0) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of July 2005 by the following vote: Ladner, Deaton, Roberts, and Shanks AYES: Commissioners NOES: Commissioners None ABSENT: Commissioners O'Malley Phil Ladner Chairperson, Planning Commission Page 2 of3 Lee Whittenberg Secretary, Planning Com Planning CommiSSIOn Resolution No 05-36 Height VarzatlOn 05-2,8-106 Surfslde July 6, 2005 **** Page 3 of3 r:;: ~N.t'tZ-