The URL can be used to link to this page

Home My WebLink AboutPC Res 09-44 - 2009-11-18RESOLUTION NUMBER 09 -44 0 / pzo V� A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING MINOR PLAN REVIEW 09 -10 FOR APPROVAL OF A NEW 6 -0" DEEP BY 20' -0" WIDE DECK /BALCONY STRUCTURE ON THE FRONT (BEACH SIDE) SECOND STORY OF AN EXISTING, NONCONFORMING TWO —STORY SINGLE — FAMILY DWELLING AT A -30 SURFSIDE AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On October 14, 2009, Chrys Ritchie, ( "the applicant "), submitted an application for Minor Plan Review 09 -10 with the Department of Development Services. Specifically, the applicant proposes to construct a new 64 deep by 20' -0" wide deck/balcony structure on the front (beach side) second story of an existing nonconforming, two -story, single family dwelling at A -30 Surfside Avenue. Section 2 . Pursuant to 14 Calif. Code of Regs. § 15025(a) and § 11.13 of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 09 -10 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 November 18, 2009, to consider the application for Minor Plan Review 09 -10. Section 4 . The record of the hearing on November 18, 2009, indicates the following: (a) On October 14, 2009, Chrys Ritchie, ( "the applicant "), submitted an application for Minor Plan Review 09 -8 with the Department of Development Services. 1 of 4 Planning Commission Resohition No. 09 -44 Minor Plan Review 09 -/0 A -30 Surfside Avenue November 18, 2009 (b) Specifically, the applicant proposes to construct a new 5-0" deep by 20' -0" wide deck/balcony structure on the front (beach side) second story of an existing nonconforming, two -story, single family dwelling at A -30 Surfside Avenue. (c) The subject property is located in the Residential Low Density (RLD) zone, District 3 within the area generally referred to as the Surfside Colony. (d) The surrounding land uses and zoning are as follows: NORTH, EAST, WEST: Single- family residences in the Residential Low Density (RLD) Zone within the Surfside Colony. SOUTH: Beach; Pacific Ocean (e) The subject property is located in a developed, single - family residential neighborhood on a relatively flat. The proposed structure is not anticipated to have any adverse impacts to adjacent properties, since this type of structure is quite common along the "A" row of Surfside Avenue and staff is unaware of any adverse impacts caused by any of the existing structures. (f) The City has received no comments, written or otherwise, responding to the mailed notices of the hearing on MPR 09 -10. Section 5 . Based upon the facts contained in the record, including those stated in § 4 of this resolution, and pursuant to §28 -506 and §28 -2407 of the City's Code the Planning Commission hereby finds as follows: (a) Minor Plan Review 09 -10, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential Low 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 structure, as conditioned, is appropriate to the surrounding neighborhood as the structure is an adequate distance from adjacent residences and is a common type of development within the "A" row of the Surfside Colony. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 09 -10, subject to the following conditions: 2 of 4 Planning Commission Resolution No. 09 -44 Minor Plan Review 09 -10 A -30 Suifside Avenue November 18, 2009 1. Minor Plan Review 09 -10 is approved for an approximately 5-0" deep and 20' -0" wide deck/balcony structure located on the front (beach side) second story of an existing nonconforming, two -story, single family dwelling at A -30 Surfside Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 09 -10. 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 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 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 3 of 4 Planning Commission Resolution No. 09 -44 Minor Plan Review 09 -10 A -30 Surfside Avenue November 18, 2009 Ellery Deaton Chairperson, Planning Commission .4Nut &, /7�. Terrence Belanger Acting Secretary, Planning Commission 4 of 4