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Home My WebLink AboutPC Res 10-28 - 2010-07-07RESOLUTION NUMBER 10 -28 09Z 0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING VARIANCE 10 -2 TO ALLOW AN ELEVATED STAIR AND ENTRY WALKWAY GREATER THAN TWO AND ONE -HALF FEET ABOVE GRADE AND AN AWNING OVERHANG ALONG THE NORTHWEST SIDE OF THE BUILDING AT A -110 SURFSIDE AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On May 24, 2010, Seth and Vicki Kogan (the "applicants ") applied for Variance 10 -2 with the Department of Development Services. The applicants are seeking to maintain an existing primary access stair and walkway greater than two and one -half feet above grade and an awning projection which is located within a required side yard setback area, as part of a tear down and rebuild of a single family dwelling. Section 2 . Pursuant to 14 California Code of Regulations §15305 and §II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for Variance 10 -2 to allow an elevated stair and walkway, and an awning projection located within a required side yard setback area, is categorically exempt from review pursuant to the California Environmental Quality Act §15303 (New Construction or Conversion of Small Structures), because the proposal involves the construction of a single family dwelling within a residential zone; and pursuant to §15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density. Section 3 . A duly noticed public hearing was held before the Planning Commission on July 7, 2010 to consider the application for Variance 10 -2. Section 4 . The record of the hearing on July 7, 2010 indicates the following: (a) On May 24, 2010, Seth and Vicki Kogan applied for Variance 10 -2 with the Department of Development Services. The applicant is seeking to maintain an existing stair and entry walkway greater than two and one -half feet above 1 of 4 Planning Commission Resolution No. 10 -28 Variance 10 -2 A -110 Sudside July 7, 2010 grade and an awning projection which is located within a required side yard setback area, as part of a teardown and rebuild of an existing single family dwelling. (b) The subject property is located at A -110 Surfside Avenue. (c) The surrounding land uses and zoning are as follows: NORTH, EAST, WEST: Single- family residences in the Residential Low Density (RLD) Zone within the Surfside Colony. SOUTH: Beach; Pacific Ocean (d) The subject property contains approximately 1,478 sq. ft. in lot area. (e) The existing house is proposed to be demolished and rebuilt with a larger house incorporating a basement and maintaining the non - conforming stair and walkway access to the main entrance on the second floor. (f) Staff has received no responses, written or oral, in regard to the public hearing notices that were mailed and published for Variance 10 -2. Section 5 . Based upon the facts contained in the record, including those stated in § 4 of this resolution and pursuant to §§ 28 -2500, 28 -2501, 28 -2502, and 28 -2505 of the City's Code the Planning Commission hereby finds as follows: (a) Variance 10 -2 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Low Density Residential" designation for the subject property and permits residential land uses in accordance with certain development standards. The proposed new single family dwelling will retain the current residential character of the property, while providing additional options to the living accommodations to the residents, which is one of the goals of the Land Use Element. 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) Because of the special circumstances applicable to the property, including the proximity to the coastal zone and the location of surroundings, the strict application of the Zoning Code deprives the property of privileges enjoyed by other property in the same vicinity and zone. (c) The granting of this variance will not constitute a grant of special privilege inconsistent with other limitations on other properties in the same vicinity and zone, given that other properties in the vicinity have similarly located access 2 of 4 Planning Commission Resolution No. 10 -28 Variance 10 -2 A -110 Sudside July 7, 2010 structures and because the Variance allows the subject property to preserve an access configuration that many other properties within the Surfside Colony presently enjoy. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Variance 10 -2, subject to the following conditions: 1. Variance 10 -2 is approved to maintain an existing primary access staircase to a second floor, which is located within the required side yard setback area; and an awning overhang along the northwest side of the proposed structure that encroaches not more than 18" into the required side yard setback area at A -110 Surfside Avenue. 2. All construction shall be in substantial compliance with the plans approved through Variance 10 -2, as revised to eliminate the awning overhang on the southeast side of the first floor; and a reduction of the awning overhang on the northwest side of the structure to encroach not more than 18" into the required side yard setback area. 3. A Coastal Development Permit shall be obtained from the California Coastal Commission for all proposed construction and any conditions and requirements imposed by the Coastal Commission shall be incorporated into the approved building plans. 4. City of Seal Beach building permits shall be obtained for all proposed construction. 5. This Variance 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. 3 of 4 Planning Commission Resolution No. 10 -28 Variance 10 -2 A -110 Sudside July 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 July 2010 by the following vote: AYES: Commissioners Deaton, Bello, Galbreath, and Massa - Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Ellery Deaton Chairperson, Planning Commission Mark Persico, AICP Secretary, Planning Commission 4 of 4