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HomeMy WebLinkAboutPC Res 05-60 - 2005-11-09 RESOLUTION NUMBER 05-60 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH CONDITIONALLY APPROVING VARIANCE 05-6 PERMITTING A REMODEL AND ADDITION TO A SINGLE-FAMILY DWELLING WITH A NON- CONFORMING SIDE SETBACK LOCATED AT 700 OCEAN AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 5, 2005, Jack Haley (the "Applicant") filed an application with the Department of Development Services for Variance 05-6. Specifically, the applicant is requesting approval for a remodel and addition to a single-family residence with an existing non-conforming side setback of 0 foot on one side adjacent to the street. The new construction will conform to setback requirements. Section 2. Pursuant to 14 Calif. Code of Regs. ~ l5025(a) and ~ II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Variance No. 05-6 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15301 (Existing Uses), because it involves an addition to an existing use which does not exceed 10,000 square feet in an area where all public services and facilities are available and the project area is not in an environmentally sensitive area; and pursuant to ~ l506l(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 public hearing was held before the Planning Commission on November 9,2005 to consider the application for Variance No. 05-6. Section 4. The record of the hearing on November 9, 2005 indicates the fOllowmg: (a) On October 5, 2005 Jack Haley (the "Applicant") submitted an application for Variance 05-6 with the Department of Development Services. Specifically, the applicant IS requesting approval for a remodel and addition to a single-family residence with an existing non- conforming side setback of 0 foot on one side adj acent to the street. All new constructIOn will conform to setback requirements. (b) The subject property is located at 700 Ocean Avenue. (c) The surrounding land uses and zoning are as follows: North Across Ocean Avenue is a mixture of single family and multi- family residential uses in the Residential High Density (RHD) zone. 10f4 Planmng Commlsswn Resolutwn No 05-60 Varzance 05-6 - 700 Ocean Ave November 9, 2005 South The beach and Pacific Ocean in the Public Land Use / Recreation (pLU/R) zone. East & West Single family residences in Residential Low Density (RLD) zone. Across 7th Street, single family residences in Residential Low Density (RLD) zone. (d) In response to the mailed and published notice of this hearing, staff has received one neighbor response stating objection to the proposed second floor balcony area on the westerly side ofthe property that abuts 7th Street. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution and pursuant to ~~ 28-400, 28-401(1), 28-2407, and 28-2500 of the City's Code, the Planning Commission hereby finds as follows: (a) Variance 05-6 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "low density residential" designation for the subject property and permits single-family residential uses and additions to same. 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 building and property at 700 Ocean Avenue are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (c) The proposed structure is unique in that it has an existing structure on the property on a comer lot, which is nonconforming to current zoning standards and is adjacent to the public ih Street end, which is at a lower elevation level. (d) The granting of this variance will not constitute a special privilege given to one resident that would not be afforded to another by virtue of the fact that the property is adjacent to the public ih Street at the side with a lower grade elevation and all new construction will maintain current setback requirements. (e) The Gold Coast Architectural Review Board has approved the proposed construction. Section 6. Based on the foregoing, the Planning Commission hereby approves Variance 05-6, subject to the following conditions: 1. Variance 05-6 is approved for an addition to an existing single family dwelling at 700 Ocean Avenue, Seal Beach. Specifically, Variance 05-6 allows expansion and remodel of an existing residence with a non-conforming side yard setback along ih Street. 20f4 Planmng Commlsswn Resolutwn No 05-60 Varzance 05-6 - 700 Ocean Ave November 9, 2005 2. All new construction on the subject property shall provide the required minimum setbacks, including the garage and the second floor over the garage. 3. All construction shall be in substantial compliance with the plans approved through Vanance 05-6 as approved by the Planning Commission. 4. Approval of Variance 05-6 includes the balcony-like feature in the side yard setback above the existing nonconforming portion of the structure according to the revised plan provided to the Planning Commission dated 11-08-05. 5. Variance 05-6 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. 6. 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 defendmg 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 third 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 fails 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, attorneys 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 9th day of November 2005 by the following vote: AYES: Commissioners Shanks, Deaton, Ladner, and Roberts, NOES: Commissioners None ABSENT: Commissioners O'Malley A4~iI:J ordon Sh s Chairperson, Planning Commission 30f4 Lee Whittenberg Secretary, Planning Commis . **** 4of4 Planmng CommissIOn ResolutIOn No 05-60 Variance 05-6 - 700 Ocean Ave November 9, 2005