HomeMy WebLinkAboutPC Res 07-62 - 2007-12-05
RESOLUTION NUMBER 07-62
OR/6'/}I
11/41.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
VARIANCE NO. 07-5 TO MAINTAIN AN EXISTING
PRIMARY ACCESS STAIRCASE TO A SECOND
FLOOR, \VHICH IS LOCATED \VITHIN THE
REQUIRED SIDE YARD SETBACK AREA AT A-107
SURFSIDE AVENUE, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On October 16, 2007, Marshall Ininlls Architecture applied for
Variance 07-5 with the Department of Development Services. The applicant is seeking to
maintain an existing primary access staircase to a second floor, which is located within the
required side yard setback area.
Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and ~ II.A of the
City's Local CEQA Guidelines, staff has determined as follows: The application for Variance
No. 07-5 is ,categorically exempt from review pursuant to the California Environmental Quality
Act purSUallt to 14 Calif. Code of Regs. 9 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
9 15061 (b )(3), because it can be seen with certainty that there is no possibility that the approval
may have a significant effect on the enviromllent.
Section 3. A duly noticed public hearing was held before the Plal1l1ing
Commission on December 5, 2007 to consider the application for Variance No. 07-5.
Section 4.
The record of the hearing on December 5, 2007 indicates the
following:
(a) On October 16, 2007, Marshall Ininns Architecture applied
for Variance 07-5 with the Department of Development Services. The applicant is seeking to
maintain an existing primary access staircase to a second floor, which is located within the
required side yard setback area.
(b) The subject property is located at A-I 07 Surfside Avenue.
(c) The surrounding land uses and zoning are as follows:
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Planning Commission Resolution No. 07-63
Variance 07-5
A-I07 Surfside
December 5, 2007
NORTH, EAST, WEST: Single family residences in the Residential Low Density (RLD) zone
within the Surfside Colony.
SOUTH:
Beach; Pacific Ocean
(d) The subject property contains approximately 1,605 sq. ft. in
lot area.
(e) The existing house is proposed to be demolished to the first
floor, maintaining the existing first floor alld non-confornling staircase access to the second floor,
and rebuilt with additions, including a new three-car garage and extending the second floor deck
approximately ten feet beyond the house towards the beach.
(f) Staff has received no communications in response to the
mailed and published notice of this hearing.
Section 5. Based upon the facts contained in the record, including those stated in
9 4 of this resolution and pursuant to 99 28-2500, 28-2501, 28-2502, and 28-2505 of the City's
Code, the Plamling Commission hereby finds as follows:
(a) Variance 07-5 is consistent with the provisions of the Land
Use Element of the City's General Plan, which provides a "Residential Low Density"
designation for the subject property and pennits residential land uses in accordance with certain
development standards. The proposed additions to an existing single-family residence will retain
the current residential character of the property, while providing additional options to the living
accommodations to the residents, which is one of the goals of the Land Use Element. 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) Because of the special circumstances applicable to the
property, including the property location and location of sUlToundings, the strict application of
the Zoning Code deprives the property of privileges enjoyed by other property in the same
vicinity and zone.
(c) The granting of this variance will not constitute a grallt of
special privilege inconsistent with other limitations on other properties in the SaITIe vicinity and
zone, given that other properties in the vicinity have similar non-conforming structures, and
because the variance allows the subject property to enjoy similar access configurations to that of
other properties within the Surfside Colony.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Variance No. 07-5, subject to the following conditions:
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Planning Commission Resolution No. 07-63
Variance 07-5
A-I07 Swfside
December 5,2007
1. Variance 07-5 is approved to maintain an existing primary access staircase to a second
floor, which is located within the required side yard setback area.
2. All construction shall be in substantial compliance with the plans approved through
Variance 07-5, as submitted.
3. Building permits shall be obtained for all proposed additions and remodel work.
4. Surfside Colony Architectural Review Committee and Califomia Coastal Commission
approvals shall be obtained for all proposed additions and remodel work, and proof ofthese
approvals shall be submitted to the Department of Development Services before any
building pennits Call be issued.
5. This VaI"iance shall not become effective for any purpose unless all "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.
6. The applicant shall indemnify, defend, and hold hannless 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 perfonnance of
the use pennitted 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 Plan Review, and from any and all claims and losses occurring or resulting to
any person, finn, 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 incUlTed 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 thereofheld on the 5th day of December 2007 by the following vote:
AYES: Commissioners Deaton, Bello, Delay, and Massa-lavitt
NOES: Commissioners None
ABSENT: Commissioners Roberts
ABSTAIN: Commissioners None
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Planning Commission Resolution No. 07-63
Variance 07-5
A-I07 Surfside
December 5,2007
r:Iu~Id-n)
/ Ellery Deaton
Chairperson, Planning Commission