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Home My WebLink AboutPC Res 12-42 - 2013-02-06 RESOLUTION NO. 12-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 12-6, TO ALLOW A 159 SQUARE FOOT OPEN ROOF DECK ABOVE A SECOND FLOOR IN CONJUNCTION WITH AN EXISTING, NONCONFORMING SINGLE-FAMILY DWELLING IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE AT 1608 OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On November 20, 2012, John S. Beery ("the applicant") filed an application with the Community Development Department for Minor Use Permit 12-6. The proposed project is to construct a 159 square foot, open roof deck above a second floor within an existing, nonconforming single-family property. The property is nonconforming due to substandard rear yard setback (4'-0" existing setback where current code requires a 12'-0" setback). Section 2. Pursuant to Title 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 Minor Use Permit 12-6 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301(e)(1) (Existing Structures), because the application is for the construction of an uncovered roof deck in conjunction with an existing dwelling. Section 3. A duly noticed public hearing was held before the Planning Commission on February 6, 2013 to consider Minor Use Permit 12-6. At the public hearing, the Planning Commission received into the record all evidence and testimony provided on this matter. Section 4. The record of the hearing indicates the following: (a) November 20, 2012, the applicant submitted an application to the Community Development Department for Minor Use Permit 12-6. (b) The applicants are requesting to construct a 159 square foot open roof deck within an existing, nonconforming single-family property. (c) The subject property is rectangular in shape with a lot area of 2,500 square feet. The property is 25'-0" wide by 100'-0" deep. (d) The surrounding land uses and zoning are as follows: NORTH, SOUTH, Single and multi-family dwellings located in the EAST, & WEST Residential High Density zone (RHD-20). (f) The Zoning Code allows the requested land use entitlements to nonconforming properties, through the approval of a Minor Use Permit by the Planning Commission. (g) As of January 29, 2013, Planning staff has received no correspondence in response to the hearing notices that were mailed to residents within a 300' radius of the subject property for the proposed MUP 12-6. Section 5. Based upon the evidence in the record, including the facts stated in Section 4 of this resolution and pursuant to Section 11.4.40.015.B of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Use Permit 12-6, 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 and permits single and multi- 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 open roof deck, as conditioned, complies with the requirements of the Zoning Code applicable to the existing structures, including height, setbacks, and site coverage. (c) The proposed open roof deck, as conditioned, is appropriate for the character and integrity of the surrounding neighborhood and permissible by code through the issuance of a Minor use Permit. Section 6. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 12-6, subject to the following conditions: 1. Minor Use Permit 12-6 is approved for the construction of a 159 square foot open roof deck at 1608 Ocean Avenue, Seal Beach. 2. All construction pertaining to the roof deck shall be in substantial compliance with the plans submitted for Minor Use Permit 12-6. All new construction shall comply with all applicable sections of the City's Zoning Code. 3. Building permits shall be obtained for all new construction requiring such permits. 4. 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 Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 5. The applicant shall indemnify, defend and hold harmless 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 Height Variation, 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 Z,t- day of P.:?-if ÷/.", 2013 by the following vote: AYES: Commissioners cj 44,1 �4 ;l�; r,a,J°r l.J� i�g' la st �/ s,/ NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners 4/,),,t1 /4-LVAJ I'M it -*Z. Sandra Massa-Lavitt, Chairwoman Planning Commission .ash: , Secretary PI:nning Commission