The URL can be used to link to this page

Home My WebLink AboutPC Res 12-12 - 2012-07-18 RESOLUTION NUMBER 12-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 12-4, TO ALLOW A PORCH/DECK ADDITION AND INTERIOR WALL RECONFIGURATION TO AN EXISTING, NONCONFORMING RESIDENTIAL PROPERTY AT 125 14th STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On June 13, 2012, Ralph Bakker ("the applicant") filed an application for Minor Use Permit (MUP) 12-4 with the Department of Community Development. Section 2. The applicant is requesting an MUP for the establishment of a short-term vacation rental property within the Residential High Density (RHD-20) zone at 125 14th Street. Section 3. Pursuant to Calif. Code of Regs. §15303, staff has determined as follows: The application for Minor Use Permit 12-4 for the requested land use entitlements for a proposed short-term vacation rental property is categorically exempt from review pursuant to the California Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Planning Commission on July 18, 2012, to consider the application for Minor Use Permit 12-4. At the public hearing, the Planning Commission received written and oral evidence on the project. Section 5. The record of the public hearing of July 18, 2012 indicates the following (a) On June 13, 2012, the applicant filed an application for Minor Use Permit 12-4 with the Department of Community Development. (b) The applicant is requesting approval to allow a porch/deck addition and interior wall reconfiguration to an existing, nonconforming residential property. The property is nonconforming due to substandard front and rear setbacks, inadequate off-street parking, and exceeding the allowable density - two existing dwelling units on a lot where only one dwelling unit would be allowed per the current zoning code. (c) The subject property is located in the Residential High Density (RHD-20) zone within the neighborhood generally referred to as "Old Town". (d) The surrounding land uses and zoning are as follows: NORTH: Single and Multi-family residences in the Residential High Density (RHD-20) zone SOUTH: Single and Multi-family residences in the Residential High Density (RHD-20) zone EAST: Single and Multi-family residences in the Residential High Density (RHD-20) zone WEST: Single and Multi-family residences in the Residential High Density (RHD-20) zone (e) The subject property is described as Orange County assessor's parcel #199-081-03; is 25'-0" x 117'-6" in size; and comprises approximately 2,937 square feet in area. (f) The City has received no comments, written or otherwise, in response to the published and mailed public notices for MUP 12-4. Section 6. Based upon the facts contained in the record, including those stated in § 5 of this resolution, and pursuant to § 11.2.05; 11.4.40.015; and 11.5.20 of the Code of the City of Seal Beach, the Planning Commission hereby makes the following findings: a. MUP 12-4, as conditioned, 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; b. MUP 12-4 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; c. The proposed modifications to the subject property are permitted within the applicable zoning district, subject to the approval of a Minor Use Permit, and as proposed to be conditioned, will comply with all other applicable provisions of the Municipal Code; d. The project site is physically adequate for the type, density, and intensity of the modifications being proposed, including the provision of services and the absence of physical constraints; e. The location, size, design, and operating characteristics of the proposed modifications will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood and; f. The establishment, maintenance, or operation of the proposed modifications at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. Section 7. Based upon the foregoing, the Planning Commission hereby approves Minor Use Permit 12-4, subject to the following conditions: 1. Minor Use Permit 12-4 is approved for a porch/deck addition and a reconfiguration of interior walls at 125 14th Street. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Use Permit 12-4, except as conditioned herein. 3. Building permits shall be obtained for all work requiring such permits. 4. The front porch/deck may extend into the front setback as shown on the submitted plans, however the solid roof cover over this area may only project up to two feet (2'-0") beyond the existing front wall of the structure. 5. The proposed second floor balcony and open-beam trellis may only project up to two feet (2'-0") beyond the front wall of the existing structure. 6. There shall be no net increase in habitable square footage on the property as a result of the proposed construction. 7. All other applicable development standards for the RHD-20 zone shall be adhered to. 8. This Minor 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 Community Development, or notarized and returned to the Planning Department, and until the ten (10) day appeal period has elapsed. 9. 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 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 /8 711 day of r?1/t-y , 2012 by the following vote: �t/r. Gu Almi,V'F,S 610(.-/3/e/LEj AYES: Commissioners �,c}e,,t8j¢.,,�,ry , S5/11 _ L,q v7T NOES: Commissioners ABSTAIN: Commissioners --- ABSENT: Commissioners / 7Iak � Sandra Massa-Lavitt, Chairwoman - Planning Commission Greg Hastings Interim Secretary - Planning Commission