HomeMy WebLinkAboutPC Res 09-24 - 2009-06-03
RESOLUTION NUMBER 09-24
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH DENYING HEIGHT VARIATION
09-4, A REQUEST TO ALLOW THE CONSTRUCTION OF A
NON-HABITABLE ARCHITECTURAL FEATURE TO HOUSE
AN ELEVATOR AT A PROPOSED SINGLE FAMILY
DWELLING AT 126 TENTH STREET.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On April 15, 2009, Mr. Robert Tavasci submitted an application to
the Department of Development Services for Height Variation 09-4. The proposed project would
allow for the construction of a non-habitable architectural feature in excess of the 25-foot height
limit. Specifically, the applicant proposes to construct a 4' -10" by 11'-10" elevator enclosure to
exceed the height limit by 5' -6"; 7 feet is the maximum height variation permitted.
Section 2. Pursuant to 14 Calif. Code of Regs. S 15025(a) staff has
determined as follows: The application for Height Variation No. 09-4 is categorically exempt
from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of
Regs. S 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; S 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 S 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 May 20, 2009 to consider Height Variation 09-4. At the public hearing, the
Planning Commission received into evidence all written and oral testimony presented on the
subject application.
Section 4.
The record of the hearing indicates the following:
(a) On April 15, 2009, Mr. Robert Tavasci submitted an
application to the Department of Development Services for Height Variation 09-4.
(b) The proposed project would allow for the construction of a
non-habitable architectural feature in excess of the 25-foot height limit. Specifically, the
applicant proposes to construct a 4' -1 0" by 11'-10" elevator enclosure to exceed the height limit
by 5'-6"; 7 feet is the maximum height variation permitted, at a new single family dwelling
located at 126 Tenth Street.
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Planning Commission Resolution No. 09-24
Height Variation 09-4
126 Tenth Street
June 3, 2009
(c) The subject property is described as 126 Tenth Street; since
this lot will be created by a reversion to the original subdivision boundaries, an Assessor's Parcel
Number has not yet been assigned to this particular lot. This lot is located in what is generally
referred to as "Old Town.".
(d) The subject property will be rectangular in shape with a lot
area of 2,938 square feet. The property will have 25 feet of street frontage and will be 117.50
feet in depth.
(e)
The surrounding land uses and zoning are as fol1ows:
NORTH, SOUTH,
EAST & WEST
Single and Multiple family dwellings located in the
Residential High Density Zone (RHD).
(f) The City received both written and oral responses in
opposition to the proposed project as s result of its mailed notice regarding Height Variation
09-4.
Section 5. Based upon the evidence in the record, including 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 fol1ows:
(a) Height Variation 09-4 is one of two applications on
immediately adjoining properties, and such a concentration of CRAS structures is not compatible
with the surrounding neighborhood, therefore, the CRAS requested by Height Variation 09-4 is
not 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 permits single
family residential uses. The use is also not 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 not consistent with the General Plan.
(b) The proposed non-habitable covered roof access structure
is not compatible with the remainder of the neighborhood, as the project has become the subject
of protest by the community.
(c) The proposed non-habitable architectural feature would
significantly impair the primary view of properties located within 300 feet of the subject
property.
Section 6.
Height Variation 09-4.
Based on the foregoing, the Planning Commission hereby denies
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Planning Commission Resolution No. 09-24
Height Variation 09-4
126 Tenth Street
June 3. 2009
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 3rd day of June 2009 by the following vote:
AYES: Commissioners Deaton, Bello, Eagar, and Massa-Lavitt
NOES: Commissioners None
ABSENT: Commissioners Larson
ABSTAIN: Commissioners None
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(Ellery Deaton
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commission
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