HomeMy WebLinkAboutPC Res 05-32 - 2005-07-06
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING HEIGHT VARIATION
05-1, PERMITTING THE CONSTRUCTION OF A COVERED
ROOF ACCESS STRUCTURE IN CONJUNCTION WITH A
NEW SINGLE F AMIL Y RESIDENCE AT 1307 OCEAN
AVENUE, SEAL BEACH
RESOLUTION NO. 05-32
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On June 1, 2005, Jim Gallagher ("The Applicant") submitted an
application for Height Variation 05-1 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 co~unction with the construction of a new single-family residence
at 1307 Ocean Avenue.
Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and ~ ILA of the
City's Local CEQA Guidelines, staff has determined as follows: The application for Height
Variation No. 05-1 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 ~ l5061(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 05-1.
Section 4.
The record of the hearing indicates the following:
(a)
Height Variation 05-1.
On June 1, 2005, Jim Gallagher submitted an application for
(b) The applicant is requesting a Height Variation to construct a
Covered Roof Access Structure (CRAS) in excess of the height limit in conjunction with a new
single-family dwelling located at 1307 Ocean Avenue.
(c) The subject property is described as Orange County Assessor's
Parcel Number 199-081-21 and is located within the Old Town neighborhood of District 1 in
Seal Beach.
(d) The subject property is rectangular in shape with a lot area of2,750
sq uare feet.
(e) The surrounding land uses and zoning are as follows:
NORTH Across alley, mix of single-family and multi-family residential m
Residential High Density (RHD) zone.
SOUTH Across Ocean Avenue, mix of single-family and multi-family residential
in Residential High Density (RHD) zone.
EAST
Mix of single-family and multi-family residential in Residential High
Density (RHD) zone.
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Planning CommissIOn ResolutIOn No 05-32
Height VariatIOn 05-/, /307 Ocean Avenue
July 6, 2005
WEST Mix of single-family and multi-family residential in Residential High
Density (RHD) zone.
(f) As of June 29, 2005 staff has received no responses, written or
other, to its mailed notice regarding Height Variation 05-1.
Section 5. Based upon the evidence in the record, including the facts stated in
9 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 05-1 is consistent with the provisions of the
Land Use Element of the City's General Plan, which provides a "high density residential"
designation for the subject property and pennits 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 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 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 and the fact that two rows of residences separate the property from the ocean, 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 05-1, subject to tlle following conditions:
1. Height Variation 05-1 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 1307 Ocean Avenue, Seal Beach.
2. All construction shall be in substantial compliance with the plans approved through HV 05-1.
3. There shall be no habitable space permitted within the covered roof access structure.
4. No portion of the Covered Roof Access Structure "storage" area shall exceed the 25 feet
height limit.
5. The roof over the Covered Roof Access Structure must be redesigned to cover the stairs to
the roof deck only, and shall not cover the "storage" area as shown.
6. 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.
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:
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Planning CommiSSIOn ResolutIOn No 05-32
Height VanatlOn 05-1, 1307 Ocean Avenue
July 6, 2005
A YES: Commissioners
Ladner, Deaton, Roberts, and Shanks
NOES: Commissioners
None
ABSENT: Commissioners O'Malley
/tV
Phil Ladner
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commisso
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