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Home My WebLink AboutPC Res 13-01 - 2013-02-06 Conditional Use Permit 13-1 February 6, 2013 Page 6 RESOLUTION NUMBER 13-1 RESOLUTION NUMBER 13-1 , A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NUMBER 13-1 , TO LEGALIZE AN EXISTING BEDROOM ATTACHED TO A SINGLE- FAMILY DWELLING WITH A NONCONFORMING REAR YARD SETBACK AT 314 16TH STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 14, 2012, Natalie Newburry ("the applicant") submitted an application for Conditional Use Permit 13-1 with the Community Development Department. Section 2. The applicant is proposing to legalize an existing bedroom attached to a single-family dwelling with a nonconforming rear yard setback at 314 16th Street. Section 3. Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that this project is categorically exempt under Section 15301 (Existing Facilities) and has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA). Section 4. A duly noticed public hearing was held before the Planning Commission on February 6, 2013, to consider the application for CUP 13-1. The Planning Commission considered all evidence presented, both written and oral regarding the subject application. Section 5. The record of the hearing of February 6, 2013 indicates the following: a. On December 14, 2012, Natalie Newburry("the applicant")submitted an application for Conditional Use Permit 13-1 with the Community Development Department. b. The applicant is proposing to legalize an existing bedroom attached to a single-family dwelling with a nonconforming rear yard setback at 314 16th Street. Conditional Use Permit 13-1 February 6, 2013 Page 7 c. The subject property is located in the Residential High Density(RHD- 20) Zone within the neighborhood generally known as "Old Town", and is approximately 3,750 square feet in size. d. The surrounding land uses and zoning are as follows: North: Single-family residences in the Residential High Density (RHD-20) Zone East: Single-family residences in the Residential High Density (RHD-20) Zone South: Single-family residences in the Residential High Density (RHD-20) Zone West: Single-family residences in the Residential High Density (RHD-20) Zone Section 6. Based upon the facts contained in the record, including those stated in §5 of this resolution and pursuant to §11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: 1. Conditional Use Permit 13-1, 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 the proposed legalization, subject to a Conditional Use Permit. The use is also consistent with the remaining elements of the 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; 2. The proposed use is allowed within the applicable zoning district with Conditional Use Permit approval and complies with all other applicable provisions of the Municipal Code, subject to conditions of approval; 3. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints because it complies with the development standards for the Residential High Density (RHD-20) Zone; 4. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood due to the single-family residential use of the property; 5. The establishment, maintenance, or operation of the proposed use 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 due to the adequate yard dimensions and side yard setbacks. Conditional Use Permit 13-1 February 6, 2013 Page 8 Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 13-1, subject to the following conditions: 1. Conditional Use Permit 13-1 is approved for the legalization of an existing bedroom attached to a single-family dwelling with a nonconforming rear yard setback at 314 16th Street. 2. All new construction and setbacks shall comply with all applicable sections of the City's Zoning Code. 3. The applicant must replace the existing door from the bedroom to the garage with a fire-rated wall within 30 days of the adoption of this Resolution. 4. Building permits shall be obtained for all construction requiring such permits. 5. Any subsequent expansion or modification of the property shall require a modification of this Conditional Use Permit. 6. This Conditional Use Permit shall become null and void unless exercised within 1 year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Community Development Department a minimum of 90 days prior to such expiration date. 7. 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 Community Development, or notarized and returned to the Planning Department; and until the 10 day appeal period has elapsed. 8. 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 Conditional 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. 9. Failure to comply with any of these conditions may result in revocation of this Conditional Use Permit. Conditional Use Permit 13-1 February 6, 2013 Page 9 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6'" day of ft Lruokr y , 2013, by the following vote: AYES: Commissioners Gc Wiper Cant p Le i) / CuM N1• 5 14 ss A-Lo,v) F f- , 3Io001 NOES: Commissioners lone. ABSENT: Commissioners )Jon& ABSTAIN: Commissioners k eint I i Afar _ , ,, ,,,---- ---7 , Sandra Massa-Lavitt, Chai f. an � A Planning Commission 6 Jim Basham Secretary of the Planning Commission