The URL can be used to link to this page

Home My WebLink AboutPC Res 11-16 - 2011-07-20RESOLUTION NUMBER 11 -16 0`P/0, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 11 -5 FOR THE ADDITION OF APPROXIMATELY 638 SQUARE FEET TO AN EXISTING, NONCONFORMING SINGLE - FAMILY DWELLING AT 612 OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On June 7, 2011, Eddie Kesky ( "the applicant "), submitted an application for Conditional Use Permit 11 -5 with the Department of Development Services. Section 2. The applicant is proposing to add approximately 638 square feet to the second floor of a nonconforming single - family dwelling. The property is nonconforming because of an attached, beach level, enclosed patio structure that encroaches into the rear yard setback area. Section 3. Pursuant to 14 Calif. Code of Regs. § 15025(a) and § 11.13 of the City's Local CEQA Guidelines, staff has determined as follows: The application for Conditional Use Permit 11 -5 is categorically exempt from review pursuant to the California Environmental Quality Act - 14 Calif. Code of Regs. § 15301(e)(1) EXISTING FACILITIES; and § 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 4. A duly noticed hearing was held before the Planning Commission on July 20, 2011, to consider the application for Conditional Use Permit 11 -5. Section 5. The record of the hearing on July 20, 2001, indicates the following: (a) On June 7, 2011, Eddie Kesky, ( "the applicant "), submitted an application for Conditional Use Permit 11 -5 with the Department of Development Services. (b) Specifically, the applicant is proposing to add approximately 638 square feet to the second floor of a nonconforming single - family dwelling. The property 1 of 4 Planning Commission Resolution No. 11 -16 Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 is nonconforming because of an attached, beach level, enclosed patio structure that encroaches into the rear yard setback area. (c) The subject property is located in the Residential Low Density (RLD -9) zone within the neighborhood generally referred to as "Gold Coast ". (d) The surrounding land uses and zoning are as follows: NORTH: Single- and Multi family residences in the Residential High Density (RHD) Zone SOUTH: Beach; Pacific Ocean EAST: Single- family residences in the Residential Low Density (RLD -9) Zone WEST: Single- family residences in the Residential Low Density (RLD -9) Zone (e) The subject property is located in a developed, single and multi - family residential neighborhood on a sloping lot. The proposed addition will not have any adverse impacts to adjacent properties, since the structure is located at least six (6) feet or more from adjacent properties, which complies with Building Code separation requirements. (f) The City has received no comments, written or otherwise, responding to the mailed notices of the hearing on Conditional Use Permit 11 -5. Section 6. Based upon the facts contained in the record, including those stated in Section 5 of this resolution, and pursuant to Section 11.4.40.020 of the City's Code, the Planning Commission hereby finds as follows: (a) Conditional Use Permit 11 -5, as conditioned, 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 the proposed addition, subject to approval of a Conditional Use Permit. 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 addition, as conditioned, is appropriate to the surrounding neighborhood as the structure is an adequate distance from adjacent residences. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 11 -5, subject to the following conditions: 2 of 4 Planning Commission Resolution No. 11 -16 Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 1. Conditional Use Permit 11 -5 is approved for an approximately 638 square foot expansion to an existing, nonconforming single - family dwelling at 612 Ocean Avenue. 2. All construction shall be in substantial compliance with the submitted plans approved through Conditional Use Permit 11 -5. All new construction and setbacks shall comply with all applicable sections of the City's Zoning Code 3. Building permits shall be obtained for all construction requiring such permits. 4. Roof pitches and exterior finishes of the proposed addition shall match or approximate existing roof pitches and building finishes. 5. The property owner shall work with the City Engineer to ensure that a utility easement is recorded on the title to the property, allowing the City access to the sanitary sewer should the need arise in the future, and requiring removal of the nonconforming patio enclosure if it is determined necessary for access to the sanitary sewer. 6. This Conditional Use Permit 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. 7. The applicant shall indemnify, defend, and hold harmless the 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 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 Minor Plan Review, 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. 8. Failure to comply with any of the aforementioned conditions may result in the revocation of this Conditional Use Permit. 3 of 4 Planning Commission Resolution No. 11 -16 Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 20th day of July 2011, by the following vote: AYES: Commissioners Massa- Lavitt, Cummings, Everson, and Galbreath NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Mark Persico, AICP Secretary, Planning Commission 4 of 4 Sandra Massa - Lavitt Chairperson, Planning Commission