HomeMy WebLinkAboutPC Res 09-36 - 2009-11-04RESOLUTION NUMBER 09 -36 O "/G/
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR PLAN REVIEW 09 -7, FOR
AN APPROXIMATE 400 SQUARE -FOOT
EXPANSION; THE ENCLOSURE OF AN
APPROXIMATE 200 SQUARE -FOOT COVERED
BREEZEWAY; AND THE REDUCTION OF THE
EXISTING 695 SQUARE -FOOT 3 -CAR GARAGE
TO A 455 SQUARE -FOOT 2 -CAR GARAGE FOR
AN EXISTING, NON - CONFORMING
RESIDENTIAL PROPERTY AT 222 CENTRAL
WAY, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On September 2, 2009 Louis and Pamela Mannone, ( "the
applicants "), submitted an application for Minor Plan Review 09 -7 with the Department
of Development Services. Specifically, the applicants are proposing an approximately
400 square -foot expansion; the enclosure of an approximately 200 square -foot covered
breezeway; and the reduction of the existing 695 square -foot, 3 -car garage to a 455
square -foot, 2 -car garage, to an existing non - conforming residential property at 222
Central Way, 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 -7 is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301(e)(1) (Existin
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, and continued to the regular meeting of November 4,
2009, to consider the application for Minor Plan Review 09 -7.
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Planning Commission Resolution No. 09 -36
Minor Plan Review 09 -7
222 Central Way
November 4, 2009
Section 4 . The record of the hearings on October 21, 2009 and
November 4, 2009, indicate the following:
(a) On September 2, 2009, Louis and Pamela Mannone,
( "the applicants "), submitted an application for Minor Plan Review 09 -7 with the
Department of Development Services.
(b) Specifically, the applicants are proposing an
approximately 400 square -foot expansion; the enclosure of an approximately 200
square -foot covered breezeway; and the reduction of the existing 695 square -foot, 3 -car
garage to a 455 square -foot, 2 -car garage, to an existing non - conforming residential
property at 222 Central Way, Seal Beach.
(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.
EAST: Single- family residences in the Residential High Density (RHD)
Zone.
WEST: Single- family residences in the Residential High Density (RHD)
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 published and mailed notices of the hearing on MPR 09 -7.
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 -7, 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.
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Planning Commission Resolution No. 09 -36
Minor Plan Review 09 -7
222 Central Way
November 4, 2009
(b) The proposed addition, as conditioned, is appropriate
to the surrounding neighborhood as the addition is an adequate distance from adjacent
residences.
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 09 -7, subject to the following conditions:
Minor Plan Review 09 -7 is approved for an approximately 400 square -foot
expansion; the enclosure of an approximately 200 square -foot covered
breezeway; and the reduction of the existing 695 square -foot, 3 -car garage to a
455 square -foot, 2 -car garage, to an existing non - conforming residential property
at 222 Central Way, Seal Beach.
2. All construction shall be in substantial compliance with the submitted plans
approved through Minor Plan Review 09 -7.
3. Building permits shall be obtained for all approved structures requiring such
permits.
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 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 4th day of November 2009 by the following vote:
AYES: Commissioners Massa- Lavitt, Bello, Galbreath, and Larson
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Planning Commission Resolution No. 09 -36
Minor Plan Review 09 -7
222 Central Way
November 4, 2009
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners Deaton
Sandra Massa -Lavitt
Vice - Chairperson, Planning Commission
I k �x J c Zj4w�
Terrence Belanger
Acting Secretary, Planning Com sion
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