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HomeMy WebLinkAboutPC Res 10-13 - 2010-03-18RESOLUTION NUMBER 10 -13 OPIG1414 A RESOLUTION OF THE PLANNING 4 COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 10 -5 TO ADD AN ADDITIONAL TWO -CAR GARAGE TO AN EXISTING NONCONFORMING PROPERTY AT 1115 -1117 ELECTRIC AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On February 10, 2010, Shant Barsikhian, ( "the applicant "), submitted an application for Minor Plan Review 10 -5 with the Department of Development Services. Specifically, the applicant proposes to add an additional two - car garage to an existing nonconforming residential property. The property is nonconforming as it does not provide the minimum code required off - street parking; and the existing two -car garage does not meet minimum rear yard setback requirements. 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 -5 is categorically exempt from review pursuant to the California Environmental Quality Act - 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; and § 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 March 18, 2010, to consider the application for Minor Plan Review 10 -5. Section 4 . The record of the hearing on March 18, 2010, indicates the following: (a) On February 10, 2010, Shant Barsikhian, ( "the applicant "), submitted an application for Minor Plan Review 10 -5 with the Department of Development Services. (b) Specifically, the applicant proposes to add an additional two -car garage to an existing nonconforming residential property. The property is nonconforming as it does not provide the minimum code required off - street parking; and the existing two -car garage does not meet minimum rear yard setback requirements. 1 of 4 Planning Commission Resolution Mo. 10 -13 Minor Plan Review /0 -5 I5 -1117 Electric Avenue March 18, 2010 (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 multi - family residences in the Residential High Density (RHD) Zone SOUTH: Open space (Seal Beach Greenbelt) EAST: Single- and multi - family residences in the Residential High Density (RHD) Zone WEST: Single- and multi - family residences in the Residential High Density (RHD) Zone (e) The subject property is located in a developed, single and multi - family residential neighborhood on a flat lot. The proposed structure is not anticipated to have any adverse impacts to adjacent properties, since the proposed structure is located at least six (6) feet or more from adjacent properties, which complies with Building Code separation requirements. (f) The City has received no comments, written or otherwise, responding to the mailed notices of the hearing on Minor Plan Review 10 -5. Section 5 . Based upon the facts contained in the record, including those stated in § 4 of this resolution, and pursuant to § 28 -2407 of the City's Code the Planning Commission hereby finds as follows: (a) Minor Plan Review 10 -5, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "High Density Residential" 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. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 10 -5, subject to the following conditions: Minor Plan Review 10 -5 is approved for a new two -car garage in conjunction with an existing two -car garage at 1115 -1117 Electric Avenue. 2of4 Planning Commission Resolution No. 10 -13 Minor Plan Review 10 -5 1115 -1117 Electric Avenue March 18, 2010 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 10 -5. All proposed garage area and setbacks shall comply with all applicable sections of the City's Zoning Code 3. Building permits shall be obtained for all approved structures requiring such permits. 4. The proposed two -car garage is to be maintained as off - street vehicle storage only; no other use of the proposed garage, including use as habitable space, is permitted. 5. Roof pitches and exterior finishes of the proposed two -car garage shall match existing building finishes. 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 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 March 2010 by the following vote: AYES: Commissioners Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None 3of4 Planning Commission Resolution No. 10 -13 Minor Plan Review 10 -5 / 115-1117 Electric Avenue March 18, 2010 Ellery Deaton Chairperson, Planning Commission Mark Persico, AIC Secretary, Planning Commission 4 of 4