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Home My WebLink AboutPC Res 10-03 - 2010-01-06O � RESOLUTION NUMBER 10 -3 9/ 0 /j A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING MINOR PLAN REVIEW 10 -2 FOR THE ADDITION OF APPROXIMATELY 1,047 SQUARE FEET TO AN EXISTING NONCONFORMING THREE - STORY, SINGLE - FAMILY DWELLING AND MODIFICATION OF THE EXISTING GARAGE TO MAINTAIN THE NONCONFORMING REAR SETBACK AT B -42 SURFSIDE AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On December 4, 2009, Victor Pelayo, ( "the applicant "), submitted an application for Minor Plan Review 10 -2 with the Department of Development Services. Specifically, the applicant proposes to add approximately 1,047 square feet to an existing three - story, single - family dwelling. The existing garage has nonconforming side yard and rear yard setbacks; the applicant wishes to modify the existing garage and maintain the nonconforming rear yard setback, which is allowed under the Minor Plan Review process for properties within the RLD zone. 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 10 -2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § § 15301 EXISTING FACILITIES (e) Additions to existing structures provided that addition will not result in an increase of more than: (1) 50 percent of the floor area of the structures before the addition or 2,500 square feet, whichever is less. § 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 January 6, 2010, to consider the application for Minor Plan Review 10 -2. following: Section 4 . The record of the hearing on January 6, 2010, indicates the 1 of 4 Planning Commission Resolution No. 10 -3 Minor Plan Review 10 -2 8 -42 Surfside Avenue January 6, 2010 (a) On December 4, 2009, Victor Pelayo, ( "the applicant "), submitted an application for Minor Plan Review 10 -2 with the Department of Development Services. (b) Specifically, the applicant proposes to add approximately 1,047 square feet to an existing three -story, single - family dwelling. The existing garage has nonconforming side yard and rear yard setbacks; the applicant wishes to modify the existing garage and maintain the nonconforming rear yard setback, which is allowed under the Minor Plan Review process for properties within the RLD zone. (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: SOUTH EAST, WEST: Single- family residences in the Residential Low Density (RLD) Zone, District III ( Surfside Colony) NORTH: Pacific Coast Highway (e) The subject property is located in a developed, single - family residential neighborhood on a relatively flat lot. The proposed structure is not anticipated to have any adverse impacts to adjacent properties, since this type of structure is quite common along the "B" 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 Minor Plan Review 10 -2. Section 5 . Based upon the facts contained in the record, including those stated in § 4 of this resolution, and pursuant to §28 -501 and §28 -2407 of the City's Code the Planning Commission hereby finds as follows: (a) Minor Plan Review 10 -2, 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 2of4 Planning Commission Resolution No. 10 -3 Minor Plan Review 10 -2 B -42 Surfside Avenue January 6, 2010 residences and is a common type of development within the "B" row of the Surfside Colony. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 10 -2, subject to the following conditions: 1. Minor Plan Review 10 -2 is approved for a 1,047 square foot expansion and remodel of an existing, nonconforming single family dwelling located at B -42 Surfside Avenue, Seal Beach. 2. The existing garage, as depicted in the submitted plans, shall be modified to provide a minimum 3' -0" side yard setback along both sides of the subject property. The property shall otherwise substantially comply with the submitted plans, which are incorporated by this reference as if set forth in full. 3. The existing, nonconforming rear yard setback shall be allowed to remain as long as the existing garage is not completely demolished. In the event that the garage walls are completely demolished, whether out of necessity or by choice of the owner, the replacement garage shall comply will all current setback requirements, including the requirement for a minimum 3' -0" rear setback. 4. The modified garage shall maintain minimum interior dimensions of 18' -0" wide by 20' -0" deep. 5. Surfside Colony Architectural Committee approval is required for all exterior changes to the existing structure(s). 6. All plans submitted for building plan check shall be revised to incorporate the changes conditioned by this Minor Plan Review approval. 7. Building permits shall be obtained for all approved structures requiring such permits. 8. 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. 9. 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, 3 of 4 Planning Commission Resolution No. 10 -3 Minor Plan Review 10 -2 B -42 Surfside Avenue January 6, 2010 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 6th day of January 2010 by the following vote: AYES: Commissioners Deaton, Galbreath, Larson, and Massa- Lavitt NOES: Commissioners None ABSENT: Commissioners Bello ABSTAIN: Commissioners None IJ Ellery Deaton Chairperson, Planning Commission Mark Persico, AICP Secretary, Planning Commission 4of4