HomeMy WebLinkAboutPC Res 10-21 - 2010-06-02RESOLUTION NUMBER 10 -21 01')/6/,,02
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR PLAN REVIEW 10 -8 TO ADD
AN UNCOVERED SECOND FLOOR BALCONY TO
AN EXISTING NONCONFORMING DUPLEX
PROPERTY AT 1115Y2 SEAL WAY, SEAL BEACH.
A RESOLUTION OF THE PLANNING " T(,,
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On April 14, 2010, Karen Mikkelsen, ( "the applicant "),
submitted an application for Minor Plan Review 10 -8 with the Department of
Development Services. Specifically, the applicant proposes to add an uncovered,
second -floor balcony at the front of an existing, nonconforming duplex property. The
property is nonconforming since it exceeds density requirements and does not provide
adequate covered, off - street parking as required by the Zoning Code.
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 -8 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 June 2, 2010, to consider the application for Minor Plan Review 10 -8.
following:
Section 4 . The record of the hearing on June 2, 2010, indicates the
(a) On April 14, 2010, Karen Mikkelsen, ( "the applicant "),
submitted an application for Minor Plan Review 10 -8 with the Department of
Development Services.
(b) Specifically, the applicant proposes to add an
uncovered, second -floor balcony at the front of an existing, nonconforming duplex
property. The property is nonconforming since it exceeds density requirements and
does not provide adequate covered, off - street parking as required by the Zoning Code.
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Planning Commission Resolution No. 10 -21
Minor Plan Review 10 -8
1115 % Seal Way
June 2, 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: Boardwalk; Beach; Pacific Ocean
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, as
conditioned, 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 MPR 10 -8.
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 -8, 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 balcony, as conditioned, is 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 -8, subject to the following conditions:
1. Minor Plan Review 10 -8 is approved for a new second floor balcony addition at
1115'/2 Seal Way.
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Planning Commission Resolution No. 10 -21
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1115 % Seal Way
June Z 2010
2. All construction shall be in substantial compliance with the submitted plans
approved through Minor Plan Review 10 -8. All proposed construction 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. California Coastal Commission approval may be required before building permits
can be issued by the City.
5. No expansion of habitable space within either of the existing units on the property
is permitted under this Minor Plan Review approval.
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 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 -21
Minor Plan Review 10 -8
1115 % Seal Way
June 2, 2010
Ellery Deaton
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
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