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Home My WebLink AboutPC Res 07-05 - 2007-02-07 RESOLUTION NO, 07- 5 0/(/6/11/ IV4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 07-3, TO PERFORM A MAJOR REMODEL AND ADDITIONS OF NON-HABITABLE SPACES TO AN EXISTING LEGAL, NON- CONFORMING BUILDING AT 617 OCEAN AVENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE SectIOn 1 On December 27,2006 Mr John SmIth filed an applIcatIOn WIth the Department of Development ServIces for VarIance 07-1 and MInor Plan ReVIew 07- 3 SectIOn 2 The requested MInor Plan ReVIew would allow for a maJor remodel IncludIng proVIsIOn of 336 square feet of new decks on the 2nd floor, an 80 square foot mechanIcal/eqUIpment room, a cIrcular stmrway to a new, of en, roof-deck, and maJor Intenor remodel work Also, the applIcant proposes to add a 5t parkIng space on the ground floor In the form of a tandem garage space compnsIng 200 square feet and a 36 square foot laundry area along the west SIde of the property, and a new elevator and foyer on the west SIde of the property for access to the remodeled 2nd story umt SectIOn 3 Pursuant to 14 CalIf Code of Regs S 15025(a) staff has determIned as follows The applIcatIOn for MInor Plan ReVIew 07-3 IS categoncally exempt from reVIew pursuant to the CalIfornia EnVIronmental QUalIty Act pursuant to 14 CalIf Code of Regs ~ 15305 (Mmor 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 hearIng was held before the Planmng CommIssIOn on February 7, 2007 to conSIder MInor Plan ReVIew 07-3 in conJunctIon WIth VarIance 07-1 SectIOn 5 The record of the hearIng 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 MInor Plan ReVIew 07- Z \My Documents\RESO\MPR 07-3 617 Ocedn PC Reso doc\L W\02-07-07 Planning CommissIOn ResolutIOn 07-5 MlI10r Plan ReView 07-3 6/7 Ocean Avenue February 7, 2007 3 The requested MInor Plan RevIew would allow for a maJor remodel Includmg provlSlon of 336 square feet of new decks on the 2nd floor, an 80 square foot mechanIcal/eqUIpment room, a cIrcular stmrway to a new, open, roof-deck, and maJor Intenor remodel work Also, the applIcant proposes to add a 5th parkIng space on the ground floor In the form of a tandem garage space compnsIng 200 square feet and a 36 square foot laundry area along the west sIde of the property, and a new elevator and foyer on the west sIde of the property for access to the remodeled 2nd story umt (b) The subJect property IS located at 617 Ocean Avenue (c) 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 (d) The surroundIng land uses and zomng are as follows NORTH, EAST & WEST ReSIdentIal HOUSIng located In the ResIdentIal HIgh DenSIty (RHD), DIstnct 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 (e) On Janumy 7, 1987 the Planmng CommISSIOn approved MInor Plan RevIew 86-27 for a remodel In the upstmrs kItchen area and a remodel to allow the constructIon of an elevator ThIs approved constructIOn never occurred, (t) On December 6, 2000 the PlannIng ComrmssIOn approved VarIance 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 (g) At the tIme of the 2000 approvals of VarIance 00-4 and CondItIonal Use PeIffiIt 00-12 the CIty allowed for the addItIOn of habItable lIVIng space to legal, non-conformIng multI-unIt reSIdentIal propertIes, subJect to certaIn lImItatIOns and reqUIrements related to the prOVlSlon of parkIng spaces and the number of addItIOnal bedroom/bathrooms that could be added (h) On March 8, 2004 the CIty CounCIl adopted OrdInance No 1519, whICh Imposed new regulatIons on the modIficatIOns to non-conformIng reSIdentIal propertIes, effectIvely elImInatmg the abIlIty to add addItIonal habItable lIVIng space to multI-umt reSIdential properties The proVISIOns of OrdInance 1519 have been MPR 07-3617 Ocean PC Reso 2 Planning CommISSion ResolutIOn 07-5 MlI10r Plan Review 07-3 617 Ocean Avenue Febluary 7, 2007 Incorporated Into the ZonIng OrdInance as SectIOn 28-2407 and are applIcable to the subJect requests (I) SectIOn 28-2407 permIts the requested renovatIons subJect to approval of a MInor Plan RevIew In complIance WIth the provIsions of subsectIOns a, b, d, e, f, and g of SectIOn 28-2407 A 2 (j) 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, IncludIng those stated In S 5 of thIS resolutIOn and pursuant to SS 28-2407 of the CIty'S Code, the PlannIng CommIssIOn hereby finds as follows (a) MInor Plan ReVIew 07-3, as condItIoned, IS consIstent WIth the proVIsIOns of the Land Use Element of the CIty'S General Plan, WhICh provldes a "ResIdentIal HIgh DensIty" deSIgnatIOn for the subJect property and permIts the proposed renovatIOns and addItIOns of non-habItable areas, subJect to approval of a MInor Plan ReVIew In accordance WIth the provIsIOns of SectIOn 28-2407 A 2 The proposed renovatIOns and addItIons are 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 development, as condItIOned, complIes WIth all setback, lot coverage and heIght development standards of the ResIdentIal HIgh DensIty, DIStrICt I, zone (c) The proposed structures, as condItIOned, are approprIate to the surroundIng neIghborhood as the structures are an adequate dIstance from adJacent IesIdences The proposed renovatIOns wIll also reduce the number of lIVIng unIts on the property and Increase the number of off-street parkIng spaces SectIOn 7 Based upon the foregOIng, the PlannIng CommIssIOn hereby approves MInor Plan ReVIew 07-3, subJect to the follOWIng condItIons 1 All constructIOn shall be In substantIal complIance WIth the plans approved through MInor Plan ReVIew 07-3, 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 No addItIonal habItable lIVIng space IS permItted 2 All constructIOn shall comply WIth the reqUIrements of the Umform BUIldIng Code and UnIform FIre Code, as locally amended by the CIty of Seal Beach MPR 07-3617 Ocedll PC Reso 3 Planning CommissIOn ResolutIOn 07-5 Mmor Plan ReView 07-3 617 Ocean Avenue Febluary 7, 2007 3 The ApplIcant shall replace all 60-amp electrIcal meters wIth 100-amp electrIcal meters 4 ThIS MInor Plan RevIew 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 penod 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 falls 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 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 7th day of February 2007, by the follOWIng vote A YES CommIssIOners Bello, Ladner, O'Malley, Roberts, and Deaton NOES CommIssIOners ABSENT CommIssIOners ABSTAIN CommISSIoners dw~ /to-ta~ -Ellery Dea n, Chmrperson PlannIng CommIssIOn e WhIttenberg, ecretary lannIng CommIssIOn MPR 07-3 617 OCCdIl PC Reso 4