HomeMy WebLinkAboutPC Res 10-20 - 2010-06-02RESOLUTION NUMBER 10 -20
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR PLAN REVIEW 10 -7 FOR A
835 - SQUARE FOOT ROOFTOP DECK WITH
EXTERIOR STAIR ACCESS AND A MINIMUM
42 -INCH HIGH PARAPET OR RAILING
ENCLOSURE, ABOVE AN EXISTING SINGLE
STORY GARAGE AT THE REAR OF THE LOT AT
139 7" STREET, SEAL BEACH
0191
1 41,1�
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On March 31, 2010, Michael and Jenny Mc Lean, ( "the
applicants "), submitted an application for Minor Plan Review 10 -7 with the Department
of Development Services. Specifically, the applicants propose to add an uncovered,
outdoor roof deck over the garage of an existing nonconforming duplex property at 139
7 Street, Seal Beach. The property is nonconforming since it is over density; has a
nonconforming front yard setback; and has a third story on a 25' wide lot, even though
the third story does not exceed the 25' -0" height limit.
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 -7 is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301 EXISTING
FACILITIES (e)(1): Additions to existing structures provided that the addition will not
result in an increase of more than 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 May 5, 2010 to consider the application for Minor Plan Review 10 -7.
Section 4 . The record of the hearing on June 2, 2010 indicates the
following:
(a) On March 31, 2010, Mike and Jenny Mc Lean, ( "the
applicants "), submitted an application for Minor Plan Review 10 -7 with the Department
of Development Services.
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Planning Commission Resolution No. 10 -20
Minor Plan Review 10 -7
139 — 7' Street
June 2, 2010
(b) On May 5, 2010, at the regular meeting of the
Planning Commission, the Commission pulled the item from the Consent Calendar so
that Staff could acknowledge into the record, a letter that had been received in
opposition to the project. Since the applicant or a representative was unavailable to
offer testimony in rebuttal to the letter, the Commission decided to continue the matter
to the regular meeting of June 2, 2010.
(c) Specifically, the applicants propose to add an
uncovered, outdoor deck over the garage of an existing nonconforming duplex property
at 139 7 th Street, Seal Beach. The property is nonconforming since it is over density;
has a nonconforming front yard setback; and has a third story on a 25' wide lot, even
though the third story does not exceed the 25' -0" height limit.
(d) The subject property is located in the Residential High
Density (RHD) zone within the neighborhood generally referred to as "Old Town ".
(e) The surrounding land uses and zoning are as follows:
NORTH: Single- and multiple - family
Density (RHD) Zone
SOUTH: Single- and multiple - family
Density (RHD) Zone
EAST: Single- and multiple - family
Density (RHD) Zone
WEST: Single- and multiple - family
Density (RHD) Zone
residences in the Residential High
residences in the Residential High
residences in the Residential High
residences in the Residential High
(f) The subject property is located on a relatively flat lot
and is surrounded by properties of a similar nature. The proposed rooftop deck is not
anticipated to have any adverse impacts to adjacent properties relative to views or open
space, as both abutting properties are two -story construction.
(g) Staff received two inquiries, responding to the public
notices of the hearing on MPR 10 -7, requesting general information on the project, but
not opposition or support, as well as one letter in opposition to 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 of the City's Code the
Planning Commission hereby finds as follows:
(a) Minor Plan Review 10 -7, 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
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Planning Commission Resolution No. 10 -20
Minor Plan Review 10 -7
139 — 7' Street
June 2, 2010
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, does not adversely impact adjacent residences, and similar structures
currently exist within the neighborhood.
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 10 -7, subject to the following conditions:
Minor Plan Review 10 -7 is approved for an 835 square foot rooftop deck, with
exterior stair access and a minimum 42" high parapet or railing enclosure around
the deck, as prescribed by California Building Code requirements, above an
existing single story garage at the rear of the lot.
2. All construction shall be in substantial compliance with the plans approved
through Minor Plan Review 10 -7.
3. No enclosed, habitable square footage shall be added to the existing
nonconforming dwelling units under this approval.
4. Building permits shall be obtained for the approved structures.
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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 2nd day of June 2010 by the following vote:
AYES: Commissioners Deaton, Bello, Galbreath, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
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Planning Commission Resolution No. 10 -20
Minor Plan Review 10 -7
139 — 7' Street
June 2, 2010
ulery Deaton
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
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