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Home My WebLink AboutPC Res 09-04 - 2009-02-04 RESOLUTION NUMBER 09-4 Q ~ ~ ~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 09-1, TO CONSTRUCT A NEW EXTERIOR, UNCOVERED BALCONY AND NEW EXTERIOR, CIRCULAR STAIRWAY TO A NEW ROOFTOP DECK, AT 809 OCEAN AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On January 5, 2009 George Brown, ("the applicant"), filed an application with the Department of Development Services for Minor Plan Review 09-1. Specifically, the applicant proposes to construct a new exterior, uncovered balcony and new exterior circular stairway to a new 500 square foot rooftop deck at 809 Ocean Avenue. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a), staff has determined as follows: The application for Minor Plan Review 09-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. ~ 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 environment. Section 3. A duly noticed hearing was held before the Planning Commission on February 4, 2009 to consider the application for Minor Plan Review 09-1. Section 4. The record of the hearing on February 4, 2009 indicates the following: (a) On January 5, 2009 George Brown, ("the applicant"), filed an application with the Department of Development Services for Minor Plan Review 09-1 (b) Specifically, the applicant proposes to construct a new exterior, uncovered balcony and new exterior circular stairway to a new 500 square foot rooftop deck at 809 Ocean Avenue. (c) The subject property IS legally nonconforming due to density. 10f4 Planning Commission Resolution No. 09-4 Minor Plan Review 09-1 809 Ocean A venue February 4, 2009 (d) The subject property is located in the Residential High Density zone of Old Town. (e) The surrounding land uses and zoning are as follows: SOUTH Eisenhower Park, the Municipal Beach, and the Pacific Ocean located in the Public Land Use/Recreation Zone (PLU/R). Residential housing in the Residential High Density (RHD) Zone. Commercial development in the Main Street Specific Plan (MSSP) Zone. NORTH & WEST EAST (f) The subject property is located on a relatively flat lot and is surrounded by properties of a similar nature. The proposed improvements will be at or below the maximum height allowed for the proposed improvements. (g) In accordance with the current adopted local amendments to the 2007 California Building Code, as set forth in Title 9, Chapter 9.60, Building Code, ~9.60.065, California Building Code Amendments, sub-section F, Chapter 10, Means of Egress, the provisions oflocal amendment Exception 6 is applicable to this project as the egress from the new roof deck is through an intervening space, the residential unit itself, and therefore the occupied roof area must be limited to 400 square feet. (h) The City has received no comments, written or otherwise, responding to the notices of the hearing on Minor Plan Review 09-1. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to Title 9, Chapter 9.60, Building Code, ~9.60.065, California Building Code Amendments, sub-section F, Chapter 10, Means of Egress and to Chapter 28, Zoning, ~ 28-2407.A.2 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 09-1, as conditioned, is consistent with the proViSions of the Land Use Element of the City's General Plan, which provides a "Residential High Density" zoning for the subject property and permits the proposed development, subject to approval of a Minor Plan Review. 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) The proposed development, as conditioned, is appropriate to the surrounding neighborhood as the structures are an adequate distance from adjacent residences and in conformance with the height regulations ofthe City. (c) The proposed development, as conditioned, is in compliance with the provisions of Title 9, Chapter 9.60, Building Code, ~9.60.065, California 20f4 Planning Commission Resolution No. 09-4 Minor Plan Review 09-1 809 Ocean Avenue Februmy 4. 2009 Building Code Amendments, sub-section F, Chapter 10, Means of Egress and of Section 28- 2407.A.2 of the Municipal Code. Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 09-1, subject to the following conditions: 1. Minor Plan Review 09-1 is approved to allow construction of an additional balcony, exterior stairway and rooftop patio at an existing 4-unit condominium complex located at 809 Ocean Avenue. 2. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 09-1, and in substantial conformance with the project plans dated December 22,2008. 3. All construction shall comply with the requirements of the California Building Code and California Fire Code, as locally amended by the City of Seal Beach. The area of the rooftop deck is limited to 400 square feet in compliance with the provisions of Title 9, Chapter 9.60, Building Code, ~9.60.065, California Building Code Amendments, sub- section F, Chapter 10, Means of Egress. 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 period has elapsed. 5. 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 4th day of Febmary 2009 by the following vote: 30f4 Planning Commission Resolution No. 09-4 Minor Plan Review 09-1 809 Ocean Avenue February 4, 2009 AYES: Commissioners Deaton, Bello, Eagar, Larson, and Massa-Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None -;kt...LA.JI, t1 MA:z;n.v Ellery Deaton Chairperson, Planning Commission Lee WhIttenberg Secretary, Planning Commission ***** 40f4