HomeMy WebLinkAboutPC Res 09-38 - 2009-11-18RESOLUTION NUMBER 09 -38 0
A RESOLUTION OF THE PLANNING v qI�
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR PLAN REVIEW 09 -9 FOR
THE ADDITION OF AN EXTERIOR ELEVATOR TO
AN EXISTING NON - CONFORMING RESIDENTIAL
PROPERTY AT 1101 SEAL WAY, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On August 19, 2009, Michael Niemeyer, ( "the applicant "),
submitted an application for Minor Plan Review 09 -9 with the Department of
Development Services. Specifically, the applicant is proposing to install an exterior
elevator to an existing non - conforming residential property at 1101 Seal 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 -9 is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301(a) (Existing
Facilities), because the application is for an exterior alteration (addition of an exterior
elevator); § 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-
9.
following:
Section 4 . The record of the hearing on October 21, 2009, indicates the
(a) On August 19, 2009, Michael Niemeyer, ( "the
applicant "), submitted an application for Minor Plan Review 09 -9 with the Department of
Development Services.
(b) Specifically, the applicant is proposing to install an
exterior elevator to an existing non - conforming residential property.
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Planning Commission Resolution No. 09 -38
Minor Plan Review 09 -9
1101 Seal Way
November 18, 2009
(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 and multiple family residences
(RHD) Zone.
SOUTH: Beach boardwalk; Beach; Pacific Ocean
EAST: Single and multiple family residences
(RHD) Zone.
WEST: Single and multiple family residences
(RHD) Zone.
in the Residential High Density
in the Residential High Density
in the Residential High Density
(e) The subject property is nonconforming due to the fact
that it has less than code required setbacks; less than code required parking; and the
unit density exceeds the allowable density for the zone.
(f) The addition of an exterior elevator to the property will
not adversely impact adjacent properties.
(g) The City has received three letters responding to the
mailed notices of the hearing on MPR 09 -9. All three letters were in support of the
project.
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 -9, 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 and will not adversely impact those residences.
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 09 -9, subject to the following conditions:
Minor Plan Review 09 -9 is approved for the addition of an exterior elevator to an
existing, non - conforming residential property at 1101 Seal Way, Seal Beach.
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Planning Commission Resolution No. 09 -38
Minor Plan Review 09 -9
1101 Seal Way
November 18, 2009
2. The elevator size, placement, and orientation shall be in substantial compliance
with the submitted plans approved through Minor Plan Review 09 -9.
3. No expansion of the existing building footprint or of the existing building square
footage is authorized by this Minor Plan Review.
4. Building permits shall be obtained for all approved structures, mechanical
equipment, and utilities requiring such permits.
5. 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.
6. 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 18th day of November 2009 by the following
vote:
AYES: Commissioners Deaton, Bello, Galbreath, Larson, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
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Planning Commission Resolution No. 09 -38
Minor Plan Review 09 -9
1101 Seal Way
November 18, 2009
Ellery Deaton
Chairperson, Planning Commission
Terrence Belanger
Acting Secretary, Planning Co fission
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