HomeMy WebLinkAboutPC Res 10-40 - 2010-09-15RESOLUTION NUMBER 10 -40 O11IV11V0n
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING MINOR PLAN
REVIEW 10 -13, A REQUEST FOR A REASONABLE
ACCOMMODATION TO ALLOW ENCLOSURE OF AN
EXISTING TERRACE AND BREEZEWAY AND THE
RECONFIGURATION OF INTERIOR WALLS AT AN
NON - CONFORMING RESIDENTIAL PROPERTY AT
1101 SEAL WAY, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . The Planning Commission held a duly noticed hearing on
September 1, 2010, to consider the application for Minor Plan Review 10 -13, a request
for a reasonable accommodation to allow enclosure of an existing terrace and
breezeway and the reconfiguration of interior walls at a non - conforming residential
property at 1101 Seal Way ( "the subject property "). The record of the hearing on
September 1, 2010, indicates the following:
(a) The subject property is located in the Residential High
Density (RHD) zone within the neighborhood generally referred to as "Old Town," and is
currently developed with a three -unit residential structure. The first story is comprised
of two residential units — one that is approximately 665 square feet and another that is
approximately 659 square feet — and a four -car garage. The second story unit is
approximately 2,004 square feet, with an additional 200 - square foot front terrace, a 131 -
square foot rear terrace, and a 184- square foot breezeway on the north side.
(b) The land uses and zoning surrounding the subject
property are as follows:
NORTH: Single- and Multiple - family residences
Density (RHD) Zone.
SOUTH: Beach boardwalk; Beach; Pacific Ocean
EAST: Single- and Multiple - family residences
Density (RHD) Zone.
WEST: Single- and Multiple - family residences
Density (RHD) Zone.
in the Residential High
in the Residential High
in the Residential High
Page 1 of 5
Planning Commission Resolution No. 10 -40
Minor Plan Review 10 -13
1101 Seal Way
September 15, 2010
(c) The existing residential structure on the subject
property does not conform to the current requirements of the Zoning Code in the
following respects:
1. The subject property currently has a street
side -yard setback of 3 feet 8 inches, whereas the Municipal Code currently requires a 5-
foot, 8 -inch setback for properties having the width of the subject property.
2. The subject property currently has a rear
setback from the public alley of 4 feet, whereas the Municipal Code currently requires a
9 -foot setback.
3. The subject property exceeds the current
density requirements of the Municipal Code because it has three units whereas the
Municipal Code currently allows only one.
4. The subject property provides only four off -
street parking spaces, whereas the Municipal Code currently requires three -unit
residential structures to provide six spaces.
(d) Section 28 -2407 of the Seal Beach Municipal Code
only allows the enlargement or structural alteration of a nonconforming residential
structure in the RHD zone if the structure is nonconforming only by reason of building
heights exceeding the maximum height or inadequate setbacks to the nonconforming
single - family residential buildings and uses. Under Section 28 -2407, the Planning
Commission can only approve the expansion of such uses if the garage and carport
setbacks adjacent to a public alley comply with current applicable set back
requirements.
(e) On August 19, 2009, Michael Niemeyer ( "the
applicant ") submitted applications to the Department of Development Services for
Variance 09 -5 to allow an approximately 207 square -foot expansion of the habitable
area of the second story unit of the subject property that would otherwise be prohibited
by Section 28 -2407 of the Seal Beach Municipal Code.
(f) A duly noticed public hearing was held before the
Planning Commission on October 21, 2009, to consider the application for Variance 09-
5. At the public hearing, the Planning Commission received and considered all
evidence presented, both written and oral, regarding Variance 09 -5. During the hearing,
the applicant stated for the first time that Variance 09 -5 was needed to allow a caretaker
for his elderly mother. Based on evidence presented at the public hearing, the Planning
Commission adopted Resolution 09 -32 denying Variance 09 -5 for the reasons stated in
that resolution.
(g) On July 29, 2010, the applicant submitted an
application for Minor Plan Review 10 -13 with the Department of Development Services,
proposing enclosure of an existing uncovered rear terrace and an existing uncovered
side breezeway, and the reconfiguration of interior walls to the second story unit on the
subject property.
Page 2 of 5
Planning Commission Resolution No. 10 -40
Minor Plan Review 10 -13
1101 Seal Way
September 15, 2010
(h) The applicant's request for approval of Minor Plan
Review 10 -13 was made pursuant to the Federal Fair Housing Act as a reasonable
accommodation from Section 28 -2407 of the Seal Beach Municipal Code to allow
expansion in the habitable space in the second story unit to allow for the residency of a
caretaker for the applicant's mother, Norma J. Niemeyer.
(i) In support of his reasonable accommodation request,
the applicant submitted a letter dated July 14, 2010 from Theresa O'Donnell, MD,
attesting to Ms. Niemeyer's need for a caretaker due to multiple, chronic medical
conditions. A copy of this letter is on file with the Department of Development Services.
(j) The City has received no responses to the mailed
notices of the hearing on Minor Plan Review 10 -13.
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 -13 is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301(e)(1) (Existing
Facilities), because the application is for an exterior alteration (addition of approximately
207 square feet of enclosed habitable space) to an existing structure.
Section 3 . The Planning Commission, having received and considered
all evidence presented, both written and oral, regarding Minor Plan Review 10 -13 and
based on facts contained in the record, including but not limited to those stated in
Section 1 of this Resolution, hereby finds as follows:
(a) Minor Plan Review 10 -13, 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 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 additions, as conditioned, are
appropriate to the surrounding neighborhood as the additions are an adequate distance
from adjacent residences and will not adversely impact those residences.
(c) The addition of an enclosed rear terrace, enclosed
side breezeway, and the reconfiguration of interior walls to an existing non - conforming
residential property will not adversely impact adjacent properties.
(d) Ms. Niemeyer is disabled within the meaning of the
Federal Fair Housing Act.
Page 3of5
Planning Commission Resolution No. 10 -40
Minor Plan Review 10 -13
1101 Seal Way
September 15, 2010
(e) Approval of Minor Plan Review 10 -13 is necessary to
allow Ms. Niemeyer to live at the subject property because she requires a live -in
caretaker due to her disability and the expansion in habitable area in the second floor is
necessary to allow for a caretaker residence.
(f) Approval of Minor Plan Review 10 -13 is a reasonable
accommodation because it will not impose any undue administrative or financial burden
on the City and will not undermine the essential purposes or goals of the City's land use
regulations.
Section 4 . Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 10 -13, subject to the following conditions:
1. Minor Plan Review 10 -13 is approved for the enclosure of an existing uncovered
rear terrace, the enclosure of an existing uncovered side breezeway, and the
reconfiguration of interior walls to an existing non - conforming residential property
at 1101 Seal Way, Seal Beach.
2. The enclosure of the rear and side exterior areas, as well as the reconfiguration of
the interior spaces, shall be in substantial compliance with the submitted plans
approved through Minor Plan Review 10 -13.
3. This Minor Plan Review only authorizes the expansion of approximately 207
square feet of interior space, as well as the reconfiguration of interior walls, as
detailed in the applicant preferred submitted plans (Plan "A ") under the
Reasonable Accommodation provisions of the Federal Fair Housing Act.
4. Building permits shall be obtained for all approved structures, mechanical
equipment, and utilities requiring such permits.
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 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,
Page 4 of 5
Planning Commission Resolution No. 10 -40
Minor Plan Review 10 -13
1101 Seal Way
September 15, 2010
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 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 15th day of September 2010, by the following
vote:
AYES: Commissioners Deaton, Bello, Cummings, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners Galbreath
Jzu
Ellery Deaton
Chairperson, Planning Commission
Page 5 of 5
Secretary, Planning Commission
CITY OF SEAL BEACH
Planning Department
2010 Resolutions
Res. No.Case Number(s)ApplicantActionMtg. DateAOC
10-1
Minor Plan Review 10-1430 Ocean AvenueApproved12/9/2009Y
10-2
Application Withdrawn
Variance 10-1700 Ocean Avenue
10-3
Minor Plan Review 10-2B-42 SurfsideApproved1/6/2010Y
10-4
Minor Plan Review 10-34533 Elder AvenueApproved2/17/2010Y
10-5
(Pei-Wei)
12235 Seal Beach Blvd
Conditional Use Permit 09-2 (Indef. Ext.)Approved2/17/2010Y
10-6
(Main Street Wine Cellar)
302 Main St
Conditional Use Permit 08-3 (Indef. Ext.)Approved2/17/2010Y
10-7
Minor Plan Review 10-4208 Ocean AvenueApproved3/18/2010Y
(DWP Property)
1st St & Marina Dr
10-8
Application Withdrawn
General Plan Amendment 10-1
(DWP Property)
1st St & Marina Dr
10-9
Application Withdrawn
Zone Change 10-1
10-10
Conditional Use Permit 10-12902 Westminster AveApproved7/7/2010Y
10-11
Planning Commission GuidelinesCity of Seal BeachApproved2/17/2010*******
10-12
(CRAS)]
Covered Roof Access Structures
Zone Text Amendment 10-1Approved2/17/2010*******
10-13
Minor Plan Review 10-51117 Electric AveApproved3/18/2010Y
10-14
(Family Day Care)
4657 Guava Ave
Conditional Use Permit 10-2Approved4/21/2010Y/Y
10-15
Zone Text Amendment 10-2Eliminate Height VariationsApproved4/7/2010*******
10-16
(Primrose Café)
13956 Seal Beach Blvd
Conditional Use Permit 08-7 (Indef. Ext.)Approved4/7/2010Y
10-17
Minor Plan Review 10-6238 - 5th StApproved4/7/2010Y
10-18
Planning Commission GuidelinesCity of Seal BeachApproved4/21/2010*******
10-19
(Beach Fitness)
148-E Main St
Conditional Use Permit 09-4 (Indef. Ext.)Approved5/5/2010Y
10-20
Minor Plan Review 10-7139 - 7th StreetApproved6/2/2010Y
10-21
Minor Plan Review 10-81115 1/2 Seal WayApproved6/2/2010Y
10-22
Title11 Zoning CodeCitywideApproved5/5/2010*******
10-23
Honoring John LarsonService as Planning CommissionerApproved5/5/2010*******
*
(Chipotle Grill)
12359 Seal Beach Blvd
10-24
Conditional Use Permit 10-3Approved7/7/2010Y/Y
10-25
Zone Change 10-2Title 11: Zoning Code - Neg Dec 2010-1Approved6/2/2010*******
10-26
Minor Plan Review 10-912274 Bridgewater WyApproved7/7/2010Y
10-27
(Pacific Inn)
600 Marina Dr
Conditional Use Permit 10-4Approved7/7/2010Y
10-28
Variance 10-2A110 Surfside AveApproved7/7/2010Y
10-29
(Target)
12300 Seal Beach Blvd
Conditional Use Permit 09-9 (Indef. Ext.)Approved7/21/2010Y
10-30
Minor Plan Review 10-104197 Dogwood AveApproved7/21/2010Y
10-31
(Kobe Steakhouse)
3001 Old Ranch Pkwy
Conditional Use Permit 09-7 (Indef. Ext.)Approved7/21/2010Y
10-32
Minor Plan Review 10-11316 Marina DriveApproved8/4/2010Y
10-33
Minor Plan Review 10-121305 Crestview AveApproved9/1/2010Y
10-34
(Chevron)
2950 Westminster Ave
Conditional Use Permit 05-10 (Indef. Ext.)Approved9/1/2010Y
(Panera)
12241 Seal Beach Blvd
10-35
Application Withdrawn
Conditional Use Permit 10-5
10-36
(Primrose Café)
13956 Seal Beach Blvd
Conditional Use Permit 09-1 (Indef. Ext.)Approved9/1/2010Y
10-37
(Wells Fargo Bank)
1103 Pacific Coast Hwy
Conditional Use Permit 10-6Approved9/15/2010
2010 PC Resolutions.xls12/22/2013
Res. No.Case Number(s)ApplicantActionMtg. DateAOC
10-38
(Wells Fargo Bank)
12310 Seal Beach Blvd
Conditional Use Permit 10-7Approved9/15/2010
10-39
(Pho Basil Leaf)
136-136 1/2 Main St
Conditional Use Permit 09-8 (Indef. Ext.)Approved9/1/2010Y
10-40
Minor Plan Review 10-131101 Seal WayApproved9/15/2010Y
10-41
(Waki Sushi)
210 Main St
Conditional Use Permit 09-3 (Indef. Ext.)Approved10/6/2010Y
10-42
Minor Plan Review 10-14401 Marble Cove WayApproved10/6/2010Y
10-43
(Pop Physique)
347-D Main Street
Conditional Use Permit 10-8Approved########Y
10-44
Minor Plan Review 10-1555 Riversea RdApproved12/1/2010Y
10-45
(Affliction Clothing)
1799 Apollo Ct
Conditional Use Permit 10-9Approved########Y
10-46
Minor Plan Review 10-161113 Electric AveApproved1/19/2011Y
10-47
Variance 10-31608 Ocean AveApproved3/16/2011Y
10-48
10-49
10-50
10-51
10-52
10-53
10-54
10-55
10-56
10-57
10-58
10-59
10-60
10-61
10-62
10-63
10-64
10-65
10-66
10-67
10-68
10-69
10-70
^ = Assigned 6-Month Review
* = Assigned 12-Month Review
@ = Assigned 3-Month Review
2010 PC Resolutions.xls22/22/2013