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Home My WebLink AboutPC Res 07-04 - 2007-03-21 O~,0 6'~ '4< RESOLUTION NUMBER 07- 4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE NO. 07-1, A REQUEST TO ALLOW CONSTRUCTION OF HABITABLE LIVING AREA TO A LEGAL, NONCONFORMING RESIDENTIAL STRUCTURE IN THE RESIDENTIAL HIGH DENSITY ZONE AT 617 OCEAN AVENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIOn 1 On December 27,2006 Mr John SmIth filed an applIcatIOn WIth the Department of Development ServIces fOI Variance 07-1 and MPR 07- 3 SectIOn 2 The requested vallance IS to add approxImately 120 square feet of addItIonal lIVIng space to a legal, non-conformIng 5-unIt structure at 617 Ocean Avenue SpeCIfically, the applIcant proposes to reduce the denSIty of the property from 5 unItS to 4 unItS by combInIng umts 'C" and "D" on the 2nd floor and then addIng approXImately 120 square feet to that new umt "C" as part of a maJor 111tenor remodel SectIOn 3 Pursuant to 14 CalIf Code of Regs S 15025(a) staff has determIned as follows The applIcatIon for VarIance No 07-1 IS categorIcally exempt from reVIew pursuant to the CalIfornia EnVIronmental QualIty Act pursuant to 14 CalIf Code of Regs 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 sIgmficant effect on the enVIronment SectIOn 4 A duly notIced publIc hearIng was held before the PlannIng CommISSIOn on February 7, 2006 to conSIder the applIcatIOn for VarIance No 07-1 At the publIc heanng the CommISSIon receIved all eVIdence and testImony regardIng thIS matter SectIOn 5 The record of the hearIng on February 7, 2006 IndIcates the follOWIng (a) On December 27, 2006 Mr John SmIth filed an applIcatIOn WIth the Department of Development ServIces for Variance 07-1 and MPR 07- 3 The requested vanance IS to add approxImately 120 square feet of addItIonal lIVIng space to a Z \L Whlttenberg\My Documents\RESOWanance 07-1 617 Ocean Avenue PC Reso dol, \L W\03-14-07 Planning CommissIOn ResolutIOn 07-4 Variance 07-1- 617 Ocean Avenue March 21, 2007 legal, non-conformIng 5-unIt structure at 617 Ocean Avenue SpecIfically, the applIcant proposes to reduce the denSIty of the property from 5 umts to 4 umts by combImng umts 'C" and "D" on the 2nd floor and then addIng approxImately 120 square feet to that new unIt "C" as part of a maJor InterIor remodel The applIcant also has receIved approval pursuant to MInor Plan ReVIew 07-3 to add an addItIOnal tandem parkIng space on the property, whIch brIngs the property Into greater conformIty WIth the off-street parkIng reqUIrements of the CIty (b) The proposed 120 square foot, second floor addItIon WIll baSICally enclose the eXIstIng second floor balcony along 7th Street as part of the famIly room that WIll be created as part of the combInIng of the 2 current lIVIng umts Into a SIngle lIVIng unIt The SIze of the "new famIly room' would be 312 square feet WIthout the proposed addItIon and 432 square feet WIth the proposed addItIOn of habItable lIVIng space (c) The subJect property IS located at 617 Ocean Avenue (d) The subJect property IS rectangular In shape WIth a lot area of 5,500 square feet, haVIng 55 feet of frontage on Ocean Avenue and beIng 110 feet In depth, and also haVIng a street SIde yard on 7th Street (e) The surroundIng land uses and zonIng are as follows NORTH, EAST & WEST ReSIdentIal HOUSIng located In the ReSIdentIal HIgh DenSIty (RHD), DIStrICt I, zone SOUTH ReSIdential HOUSIng In the ReSIdentIal Low DenSIty (RLD), DIStrICt VI zone WIth the Beach and PaCIfic Ocean further to the south In the PublIc Land Use (PLU/R) zone (t) On January 7, 1987 the PlannIng CommISSIon approved MInor Plan ReVIew 86-27 for a remodel In the upstaIrs kitchen area and a remodel to allow the constlUctIon of an elevatOI ThIS approved constructIOn never occurred, (g) On December 6, 2000 the PlannIng CommIssIOn approved Vanance 00-4 and CondItIonal Use PermIt 00-12 for baSIcally the same request now beIng consIdered The applIcant dId not proceed to construct the preVIOusly approved proJect and those approvals have lapsed (h) At the tIme of the 2000 approvals of VarIance 00-4 and CondItIonal Use PermIt 00-12the CIty allowed for the addItIOn of habItable lIVIng space to legal, non-conformIng multI-umt reSIdentIal propertIes, subJect to certaIn lImItatIons and reqUIrements related to the proVISIon of parkIng spaces and the number of addItIOnal bedroom/bathrooms that could be added Vanance 07-1617 Ocean Avenue PC Reso 2 Planmng CommiSSIOn ResolutIOn 07-4 Variance 07-1 - 617 Ocean Avenue March 21,2007 (I) On March 8, 2004 the CIty CouncIl adopted OrdInance No 1519, whIch Imposed new regulatIOns on the modIficatIOns to non-conformIng resIdentIal propertIes, effectIvely elImInatIng the abIlIty to add addItIOnal habItable lIvIng space to multI-umt resIdentIal propertIes The provIsIOns of OrdInance 1519 have been Incorporated mto the Zomng OrdInance and are applIcable to the subJect (J) The current provlSlons of SectIOn 28-2407 no longer permIt such a requested expanSIOn of habItable lIvIng space (k) In response to the maIled and publIshed notIce of thIS hearIng staff has receIved no communIcatIOns regardIng thIS request SectIOn 6 Based upon the facts contaIned In the record, Includmg those stated In S 5 of thIS resolutIOn and pursuant to SS 28-2500 through 28-2502 of the CIty'S Code, the Plannmg CommissIOn hereby finds as follows (a) VarIance 07-1 IS consIstent WIth the provlSlons of the Land Use Element of the CIty'S General Plan, whIch provIdes a "hIgh densIty resIdentIal" deSIgnatIOn for the subJect property and permIts multI-famIly IesIdentIal uses The requested addItIon of habItable lIvIng space to a non-conformIng multI-umt resIdential property, although not permItted pursuant to SectIOn 28-2407, Enlargements or Structural AlteratIOns to Nonconformmg Resldentzal Bwldmgs and Uses, when consIdered In conJunctIOn WIth the requested reductIOn In the number of legal, non- conformIng reSIdentIal lIvIng unItS on the subJect property from 5 umts to 4 unItS and the provlSlon of an addItIonal off-street parkIng space pursuant to MInor Plan ReVIew 07-3, WIll bnng the subJect property Into greater overall conformIty WIth the proVISIOns of the General Plan and Zonmg Code relatIve to the overall denSIty of development and proVISIOn of off-street parkIng spaces on the subJect property SInce the proVISIons of the ZOnIng Code and the General Plan are conSIstent relatIve to allowable denSIty of development and reqUIred off-street parkIng spaces, the requested addItIon, In conJunctIOn WIth the requested reductIon In the number of reSIdentIal lIVIng unItS and the provlSlon of an addItIonal off-street parkIng space on the subJect property IS conSIstent WIth the General Plan (b) There are speCIal CIrcumstances applIcable to the subJect property wInch would deprIve the property owner from enJoYIng the same pnvIleges enJoyed by other property owners WIthIn the same vIcImty and zone The property IS rectangular shaped lot that IS commonly found m the ReSIdentIal HIgh DenSIty, DIStrICt 1 zone When conSIdered In conJunctIOn WIth the requested reductIOn In the number of legal, non- conformIng reSIdentIal lIVIng unItS on the subJect property from 5 unItS to 4 umts and the proVISIOn of an addItIonal off-street parkIng space pursuant to MInor Plan ReVIew 07-3, approval ofVanance 07-1 WIll brIng the subJect property Into greater overall conformIty WIth the proVISIOns of the General Plan and Zomng Code relatIve to the overall denSIty of development and prOVlSlon of off-street parkIng spaces on the subJect property Vanance 07-1 617 Ocedll Avenue PC Reso 3 Planmng CommiSSIOn ResolutIOn 07-4 VOllOnce 07-1- 617 Ocean Avenue MOlCh 21,2007 (c) The grantIng of Variance 07-1 would not constItute a special prIvIlege gIven to one resIdent and not another by VIrtue of the fact that the requested addItIon of habItable lIvIng space to a non-conformIng multI-unIt property IS condItIOned upon a reductIOn In the number of legal, non-conformIng resIdentIal lIvIng unItS on the subJect property from 5 umts to 4 unItS and the prOVlSlon of an addItIonal off-street parkIng space pursuant to MInor Plan ReVIew 07-3 These condItIons WIll bnng the subJect property Into greater overall conformIty WIth the provlSlons of the General Plan and ZonIng Code relatIve to the overall denSIty of development and proVIsIOn of off- street parkIng spaces on the subJect property, resultIng In less Impact to surroundIng propertIes Such reductIOn In the number of habItable lIVIng unItS results In less "prIvIlege" for the subJect property than would eXIst If the varIance were not approved and the number of legal, non-conformIng reSIdentIal unItS were not reduced SectIon 7 Based upon the foregOIng, the PlannIng ComnlIssIOn hereby approves VarIance No 07-1, subJect to the follOWIng condItIOns 1 All constructIon shall be In substantIal complIance WIth the plans approved through VarIance 07-1, resultIng In a total of 4 lIVIng umts and 5 off-street parking spaces to be located on the subJect property, In substantIal conformance WIth the proJect plans dated November 11, 2006 AddItIonal habItable lIvmg space IS permItted as shown on the proJect plans dated November 11, 2006, conSIstIng of approxImately 120 square feet to that new umt "C" as part of a maJor InterIor remodel 2 All constructIOn shall comply WIth the reqUIrements of the Umform BUIldIng Code and Umform FIre Code, as locally amended by the CIty of Seal Beach 3 The ApplIcant shall replace all 60-amp electrIcal meters WIth 100-amp electrIcal meters 4 ThIS VarIance 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 Planmng Department, and untIl the ten (10) day appeal perIod has elapsed 5 If any claIm, actIOn or proceedIng (collectIvely "actIOn") IS InstItuted by a thIrd party or partIes challengIng the valIdIty of the thIS approval, Developer and CIty shall cooperate In defendIng any such actIon CIty shall notIfy Developer of any such actIOn agaInst CIty WIthIn ten workIng days after CIty receIves serVIce of process, except for any petItIOn for InJunctIve relIef, In WhICh case CIty shall notIfy Developer Immediately upon receIpt of notIce thereof Developer shall IndemnIfy, hold harmless and defend CIty, and any of ItS officers, employees or agents for any actIOn by a thud party or partIes brought to challenge the ProJect Approvals, proVIded, however, that If CIty faIls promptly to notIfy Developer of any actIOn agaInst CIty, or If CIty falls to cooperate In the defense, Developer shall not thereafter be responSIble for CIty'S defense Developer shall reImburse Vanance 07-1 617 Ocean Avenue PC Reso 4 Planmng CommiSSIOn ResolutIOn 07-4 Variance 07-1- 617 Ocean Avenue MOIch 21,2007 all of CIty'S defense costs IncludIng, wIthout lImItatIOn, court costs, attorney's fees Incurred by counsel selected by the CIty, and expert WItness fees Developer shall promptly pay all monetary awards, Judgments, verdIcts, court costs and attorneys fees that may be awarded In such actIon PASSED, APPROVED AND ADOPTED by the PlannIng CommIssIOn of the CIty of Seal Beach at a meetIng thereof held on the 21 st day of March , 2007 by the follOWIng vote AYES CommissIoners Bello, Deaton, O'Malley, and Roberts NOES CommIssIOners ABSENT CommIssIoners ABSTAIN CommIssIoners @jil"'J" IOLaLhiJ ~llery Dea on, Chmrperson PlannIng CommIssIOn e WhIttenberg, Secretary PlannIng CommIssIOn Vandnce 07-1 617 Ocean Avenue PC Reso 5