HomeMy WebLinkAboutPC Res 10-32 - 2010-08-04RESOLUTION NUMBER 10 -32 0R 1G1,^/
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THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On June 30, 2010, Scott B. Dickson, ( "the applicant "),
submitted an application for Minor Plan Review 10 -11 with the Department of
Development Services. Specifically, the applicant proposes to modify interior walls to
reconfigure living areas without an expansion of square footage on a nonconforming
residential structure. The property is nonconforming since it does not provide a carport
or enclosed garage.
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 -11 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.
OF THE CITY OF SEAL BEACH APPROVING
MINOR PLAN REVIEW 10 -11, FOR AN INTERIOR
REMODEL AND RECONFIGURATION OF
INTERIOR WALLS TO AN EXISTING
NONCONFORMING PROPERTY AT 316 MARINA
DRIVE, SEAL BEACH.
A RESOLUTION OF THE PLANNING COMMISSION
Section 3 . A duly noticed hearing was held before the Planning
Commission on August 4, 2010, to consider the application for Minor Plan Review 10-
11.
following:
Section 4
The record of the hearing on August 4, 2010, indicates the
submitted an application
Development Services.
(a) On June 30, 2010, Scott B. Dickson, ( "the applicant "),
for Minor Plan Review 10 -11 with the Department of
(b) Specifically, the applicant proposes to modify interior
walls to reconfigure living areas without an expansion of square footage on a
nonconforming residential structure. The property is nonconforming since it does
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Planning Commission Resolution No. 10 -32
Minor Plan Review 10 -11
316 Marina Drive
August 4, 2010
not provide a carport or enclosed garage.
(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- family residences in the Residential Low Density (RLD-
3000) Zone; Marina Park and Community Center
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; nonconforming commercial uses 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 interior remodel
and modification of existing interior walls, as conditioned, is not anticipated to have any
adverse impacts to adjacent properties, rather, it will bring the subject property into
conformance with the existing zoning by reestablishing a residential use on the
property.
(f) The City has received no comments, written or
otherwise, responding to the mailed notices of the hearing on MPR 10 -11.
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 -11, 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 interior remodel and modification to
existing interior walls is appropriate to the surrounding neighborhood as it will
reestablish a conforming, residential use on the subject property.
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 10 -11, subject to the following conditions:
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Planning Commission Resolution No. 10 -32
Minor Plan Review 10 -11
316 Marina Drive
August 4, 2010
Minor Plan Review 10 -11 is approved for an interior remodel and wall
reconfiguration to reestablish a residential use at 316 Marina Drive.
2. All construction shall be in substantial compliance with the submitted plans
approved through Minor Plan Review 10 -11. 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 part of the existing unit 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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 4th day of August 2010, by the following vote:
AYES: Commissioners Deaton, Bello, Cummings, Galbreath, and
Massa - Lavitt
NOES: Commissioners None
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Planning Commission Resolution No. 10 -32
Minor Plan Review 10 -11
316 Marina Drive
August 4, 2010
ABSENT: Commissioners None
ABSTAIN: Commissioners None
Ellery Deaton
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
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