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Home My WebLink AboutPC Res 10-17 - 2010-04-07RESOLUTION NUMBER 10 -17 /I/ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 10 -6 FOR A REMODEL OF AN EXISTING BATHROOM AND KITCHEN, AND TO ADD AN ADDITIONAL BATHROOM, BALCONY, AND TWO TRELLIS STRUCTURES TO AN EXISTING NONCONFORMING PROPERTY AT 238 5 T " STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On March 15, 2010, Pat Sullivan, ( "the applicant "), submitted an application for Minor Plan Review 10 -6 with the Department of Development Services. Specifically, the applicant proposes to remodel an existing bathroom and kitchen, as well as add an additional bathroom, balcony, and trellis structure to the existing two -story rear duplex unit; and add a trellis structure to the front single -story unit of an existing nonconforming property. The property is nonconforming since it exceeds density requirements; does not provide the minimum code required off - street parking; and does not meet the 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 -6 is categorically exempt from review pursuant to the California Environmental Quality Act - 14 Calif. Code of Regs. § § 15301- EXISTING FACILITIES (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; 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 April 7, 2010, to consider the application for Minor Plan Review 10 -6. Section 4 . The record of the hearing on April 7, 2010, indicates the following: (a) On March 15, 2010, Pat Sullivan, ( "the applicant "), submitted an application for Minor Plan Review 10 -6 with the Department of Development Services. 1 of 4 Planning Commission Resolution No. 10 -17 Minor Plan Review 10 -6 238-5 th Street April 7, 2010 (b) Specifically, the applicant proposes to remodel an existing bathroom and kitchen, as well as add an additional bathroom, balcony, and trellis structure to the existing two -story rear duplex unit; and add a trellis structure to the front single -story unit of an existing nonconforming property. The property is nonconforming since it exceeds density requirements; does not provide the minimum code required off - street parking; and does not meet the minimum rear yard setback requirements. (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: Single- and Multi- family residences in the Residential High Density (RHD) Zone 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 balcony, trellis structures, and interior remodel, as conditioned, are 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 MPR 10 -6. 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 -6, 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. 2 of 4 Planning Commission Resolution No. 10 -17 Minor Plan Review 10 -6 238-5 Ih Street April 7, 2010 (b) The proposed balcony, trellis structures, and interior remodel, as conditioned, are appropriate to the surrounding neighborhood as the proposed structures are an adequate distance from adjacent residences. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 10 -6, subject to the following conditions: Minor Plan Review 10 -6 is approved for a new balcony addition, trellis additions, and interior remodel at 238 5 th Street. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 10 -6, with the exception that the proposed trellis structure located at the front unit maintains a minimum 10' -0" setback from the edge of the trellis to the front property line. All other proposed construction and interior remodel shall comply with all applicable sections of the City's Zoning Code, and the California Building Code, as adopted by the City of Seal Beach. 3. Building permits shall be obtained for all approved structures requiring such permits. 4. No expansion of habitable space within any of the existing three units on the property is permitted under this Minor Plan Review approval. 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 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. 3of4 Planning Commission Resolution No. l0 -17 Minor Plan Review 10 -6 238 — 5` Street April 7, 2010 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of April 2010 by the following vote: AYES: Commissioners Massa- Lavitt, Bello, Galbreath, and Larson NOES: Commissioners None ABSENT: Commissioners Deaton ABSTAIN: Commissioners None Sandra Mas - Lavitt Vice - Chairperson, Planning Commission Mark Persico, AICP Secretary, Planning Commission 4 of 4