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Home My WebLink AboutPC Res 09-31 - 2009-10-21RESOLUTION NUMBER 09 -31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 09 -5, FOR AN APPROXIMATE 326 - SQUARE FOOT FIRST FLOOR EXPANSION AND AN APPROXIMATE 318 - SQUARE FOOT SECOND FLOOR EXPANSION TO AN EXISTING NONCONFORMING RESIDENTIAL PROPERTY AT 334 12 STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On August 17, 2009 John and Michelle Currey, ( "the applicants "), submitted an application for Minor Plan Review 09 -5 with the Department of Development Services. Specifically, the applicants are proposing an approximately 326 square -foot first floor expansion and an approximately 318 square -foot second floor expansion to an existing non - conforming residential property at 334 12 Street, Seal Beach. Section 2 . Pursuant to 14 Calif. Code of Regs. § 15025(a) and § II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 09 -5 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301(e)(1) (Existing Facilities), because the application is for the addition to an existing structure of less than 50 percent of the floor area of the structure before the addition; § 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 § 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 October 21, 2009, to consider the application for Minor Plan Review 09 -5. Section 4 . The record of the hearing on October 21, 2009, indicates the following: 1 of 4 Planning Commission Resolution No. 09 -31 Minor Plan Review 09 -5 334 — 12 Street October 21, 2009 (a) On August 17, 2009, John and Michelle Currey, ( "the applicants "), submitted an application for Minor Plan Review 09 -5 with the Department of Development Services. (b) Specifically, the applicants are proposing an approximately 326 square -foot first floor expansion and an approximately 318 square - foot second floor expansion to an existing, non - conforming residential property. (c) The subject property is located in the Residential High Density (RHD) zone within the neighborhood generally referred to as "Old Town ". (d) The surrounding land uses and zoning are as follows: NORTH: Single- family residences in the Residential High Density (RHD) Zone SOUTH: Single- family residences in the Residential High Density (RHD) Zone and Residential Medium Density (RMD) Zone. EAST: Single- and multi - family residences in the Residential Medium Density (RMD) Zone WEST: Single- and multi - family residences in the Residential High Density (RHD) Zone; educational uses within the Public Land Use /Recreation (PLU /R) Zone. (e) The subject property is one of only 25 such properties within the Old Town area, out of over 1,200 total properties, that have a similar configuration with the garage access taken from the side street. (f) The City has received no comments, written or otherwise, responding to the mailed notices of the hearing on MPR 09 -5. Section 5 . Based upon the facts contained in the record, including those stated in § 4 of this resolution, and pursuant to § 28- 2407.A.4 of the City's Code the Planning Commission hereby finds as follows: (a) Minor Plan Review 09 -5, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential High Density" designation 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 addition, as conditioned, is appropriate to the surrounding neighborhood as the addition is an adequate distance from adjacent residences. 2 of 4 Planning Commission Resolution No. 09 -31 Minor Plan Review 09 -5 334 — 12' Street October 21, 2009 Section 6 . Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 09 -5, subject to the following conditions: Minor Plan Review 09 -5 is approved for an approximately 326 square -foot first floor expansion and an approximately 318 square -foot second floor expansion to an existing, non - conforming residential property at 334 12 Street, Seal Beach. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 09 -5. 3. The existing exterior access door along the side wall facing Landing Avenue shall be removed and no secondary exterior door access to the residential unit shall be provided, with the exception of sliding or French doors to a patio /backyard area. 4. The property shall be maintained as a single - family dwelling only. 5. Building permits shall be obtained for all approved structures requiring such permits. 6. 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. 7. 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 Plan Review, and from any and all claims and losses occurring 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 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 21 st day of October 2009 by the following vote: 3of4 Planning Commission Resolution No. 09 -31 Minor Plan Review 09 -5 334 — 12' Street October 21, 2009 AYES: Commissioners Deaton, Bello, and Massa - Lavitt NOES: Commissioners None ABSENT: Commissioners Galbreath and Larson ABSTAIN: Commissioners None Ellery Deaton Chairperson, Planning Commission 4 AAA UAf� Terrence Belanger Interim Secretary, Planning Co mission 4 of 4