HomeMy WebLinkAboutPC Res 10-46 - 2011-01-19RESOLUTION NUMBER 10-46
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR PLAN REVIEW 10 -16 FOR
AN APPROXIMATELY 363- SQUARE -FOOT
ROOFTOP DECK WITH EXTERIOR STAIR
ACCESS AND A 48 -INCH HIGH PARAPET, OR
RAILING ENCLOSURE, ABOVE AN EXISTING
SINGLE -STORY GARAGE AT THE REAR OF THE
LOT AT 1113 ELECTRIC AVENUE, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On November 22, 2010, Robert C. Beaver, (the "applicant "),
submitted an application for Minor Plan Review 10 -16 with the Department of
Development Services. Specifically, the applicant proposes to add an open rooftop
deck to a detached garage of an existing nonconforming residential property. The
property is nonconforming since the existing two -car garage does not meet the
minimum rear yard and side yard setback requirements.
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 -16 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 January 19, 2011 to consider the application for Minor Plan Review 10-
16.
following:
Section 4 . The record of the hearing on January 19, 2011 indicates the
(a) On November 22, 2010, Robert C. Beaver, (the
"applicant "), submitted an application for Minor Plan Review 10 -16 with the Department
of Development Services.
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Planning Commission Resolution No. 10 -46
Minor Plan Review 10 -16
1113 Electric Avenue
January 19, 2011
(b) Specifically, the applicant proposes to add an open
rooftop deck to a detached garage of an existing nonconforming residential property at
1113 Electric Avenue. The property is nonconforming since the existing two -car garage
does not meet the minimum rear yard and side yard setback requirements.
(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 multiple- family residences in the Residential High
Density (RHD) Zone
SOUTH: Electric Avenue Greenbelt; Single- and multiple- family residences
in the Residential High Density (RHD) Zone
EAST: Single- and multiple- family residences in the Residential High
Density (RHD) Zone
WEST: Single- and multiple - family residences in the Residential High
Density (RHD) Zone
(e) 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, and will provide additional open space and useable outdoor area on the lot.
(f) As of January 12, 2011, staff had not received any
responses to the public notices that were mailed and published for the hearing on MPR
10 -16.
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 -16, 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 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.
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Planning Commission Resolution No. 10 -46
Minor Plan Review 10 -16
1113 Electric Avenue
January 19, 2011
Section 6 . Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 10 -16, subject to the following conditions:
1. Minor Plan Review 10 -16 is approved for an approximately 363 square foot
rooftop deck, with exterior stair access and a 48" high parapet or railing
enclosure (42" is the minimum required by the Building Code) around the deck
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 -16.
3. No enclosed, habitable square footage shall be added to the existing dwelling
unit under this approval.
4. The lattice structure along the east elevation wall shall be at least 50% open.
5. Building permits shall be obtained for the approved structures.
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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 19th day of January 2011, by the following vote:
AYES: Commissioners Deaton, Bello, Cummings, Galbreath, and
Massa -Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
Ellery Deaton
Chairperson, Planning Commission
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Planning Commission Resolution No. 10 -46
Minor Plan Review 10 -16
1113 Electric Avenue
January 19, 2011
Mark Persico, Al
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Secretary, Planning Commission