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Home My WebLink AboutPC Res 20-15 - 2020-12-07RESOLUTION NO. 20-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 20-9 TO ALLOW THE CONSTRUCTION OF A 12 FEET TALL RETAINING WALL, 50 FEET LONG TO ALLOW CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE, ON A PROPERTY LOCATED IN THE RESIDENTIAL LOW DENSITY (RLD-9) ZONING AREA AT 402 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Karen Otis, ("the applicant") on behalf of Aimee Weisner and Thomas Saeman ("the owners") submitted an application to the Community Development Department for Minor Use Permit 20-9. The proposed project includes the construction of a 12 -feet tall retaining wall 50 feet long to allow construction of a single-family residence located in the Residential Low Density (RLD-9) zoning area. Section 2. This project is determined to be a Class 3 (New Construction) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a retaining wall to allow the construction of a single-family residence, where only minor modifications are made. Section 3. A duly noticed public meeting was held before the Planning Commission on December 7, 2020 to consider Minor Use Permit 20-9. At the public meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 20-9 for a proposed project at 402 Ocean Avenue, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 6,370 square feet per assessor's records. The property is approximately 32.5 feet wide by 196 feet deep. The site is surrounded by residential uses on the north, west and east with the beach on the south side. C. The subject property is currently vacant with a proposed single-family residence and a 2 -car attached garage. The proposed improvements will not expand or create any nonconformity as the proposed residence with attached garage meets all zoning requirements. D. The Seal Beach Municipal Code (SBMC § 11.4.15.015.B.2) allows the construction of retaining walls greater than 30 inches subject to approval of a Minor Use Permit. The applicant is requesting to construct a retaining wall_ up to 12 feet in height with a six foot tall garden wall on top. According Seal Beach Municipal Code (SBMC § 11.1.15.025.D) to measure height of a combined wall and retaining wall measure from the midpoint of the retaining wall to the top of the garden wall. This combined height will be up to 18 feet. Page 1 of 3 Resolution 20-15 402 Ocean Avenue Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed minor improvements are consistent with the General Plan which encourages architectural diversity in the Gold Coast area (Planning Area 1) while ensuring compatibility between residential and commercial uses. The proposed construction of the retaining wall will be compatible with the architectural style of the surrounding area and will not change the character of the property, will maintain all requirements of the zoning area, and will be consistent with other surrounding properties. B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the Gold Coast RLD-9 zone, an area where the Seal Beach Municipal Code (Section 11.4.15.015) allows retaining walls over 30 inches tall with approval of a Minor Use Permit C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is currently vacant. The construction of the retaining wall and with a garden wall on top will maintain development standards applicable to the RLD-9 zone. The improvement will not increase density or change beyond existing use of the property. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the RLD-9 zone, which consists of properties developed as single family residences. The improvement will assist with the construction of a single-family residence, will not change existing operating characteristics of the single-family residence, and will remain similar to surrounding uses throughout RLD-9. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 20-9 for the construction of a retaining wall up to approximately 12 feet in height and approximately 50 feet in length to allow construction of a single-family residence is subject to the following conditions: 1. Minor Use Permit 20-9 is approved for the construction of a retaining wall up to approximately 12 feet in height and approximately 50 feet long to allow construction of a single-family residence located at 402 Ocean Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 20-9. All new construction shall comply with all applicable state and local codes. Page 2 of 3 Resolution 20-15 402 Ocean Avenue 3. The retaining wall shall be a maximum of approximately 12 feet tall with no more than a 6 feet tall garden wall on top along the approximately 50 linear feet of combination wall. 4. The applicant is required to obtain all applicable Building and Safety permits prior to construction or demolition. 5. This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. 6. 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 Seal Beach Planning Commission at a meeting thereof held on December 7, 2020, by the following vote: AYES: Commissioners Campbell, Winkler, Miller, Thomas, Klinqer NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Les Pof}rSsonV PlaAKing Commission Secretary Maria Klinger Chairperson Page 3 of 3