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Home My WebLink AboutPC Res 11-01 - 2011-02-02RESOLUTION NUMBER 11 -1 1 4 1 4 A '7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH, APPROVING MINOR USE PERMIT 11 -2 FOR THE ADDITION OF A 196- SQUARE -FOOT (14'X14') SOLID ROOF PATIO COVER; A 114- SQUARE- FOOT (6'X19') TRELLIS STRUCTURE; AND THE RELOCATION OF AN EXISTING INTERIOR BATHROOM IN AN EXISTING, NONCONFORMING SINGLE - FAMILY DWELLING WITHIN THE SURFSIDE COLONY AT B -67 SURFSIDE AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On January 11, 2011, Carlos Losada, (the "applicant "), submitted an application for Minor Use Permit 11 -1 with the Department of Development Services. Specifically, the applicant proposes to construct a 196 square foot (14'x14') solid roof patio cover; a 114 square foot (6'x19') trellis structure; and relocate an existing interior bathroom in an existing, nonconforming single - family dwelling within the Surfside Colony. The property is currently nonconforming because it has substandard setbacks from property lines. 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 Use Permit 11 -2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § § 15301 EXISTING FACILITIES (e) Additions to existing structures provided that addition will not result in an increase of more than: (1) 50 percent of the floor area of the structures before the addition or 2,500 square feet, whichever is less; 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 February 2, 2011, to consider the application for Minor Use Permit 11 -2. Section 4 . The record of the hearing on February 2, 2011, indicates the following: 1 of 4 Planning Commission Resolution No. 11 -1 Minor Use Permit 11 -2 8 -67 Surfside Avenue February 2, 2011 (a) On January 11, 2011, Carlos Losada, (the "applicant "), submitted an application for Minor Use Permit 11 -2 with the Department of Development Services. (b) Specifically, the applicant proposes to construct a 196 square foot (14'x14') solid roof patio cover; a 114 square foot (6'x19') trellis structure; and relocate an existing interior bathroom in an existing, nonconforming single - family dwelling within the Surfside Colony. The property is currently nonconforming because it has substandard setbacks from property lines. (c) The subject property is located in the Residential Low Density (RLD -9) zone ( Surfside) within the area generally referred to as the Surfside Colony. (d) The surrounding land uses and zoning are as follows: SOUTH, EAST, WEST: Single- family residences in the Residential Low Density (RLD -9) Zone, ( Surfside) NORTH: Parking lot; Pacific Coast Highway (e) The subject property is located in a developed, single - family residential neighborhood on a relatively flat lot. The proposed structures and interior reconfiguration are not anticipated to have any adverse impacts to adjacent properties, since these types of structures and modifications are somewhat common for single - family residences. (f) The City has received no comments, written or otherwise, responding to the mailed and published notices of the public hearing for Minor Use Permit 11 -2. Section 5 . Based upon the facts contained in the record, including those stated in § 4 of this resolution, and pursuant to §11.4.40.015 B of the City's Code the Planning Commission hereby finds as follows: (a) Minor Use Permit 11 -2, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential Low Density" designation for the subject property and permits the proposed development, subject to approval of a Minor Use Permit. 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 structures and interior modification, as conditioned, is appropriate to the surrounding neighborhood as the structures are an 2of4 Planning Commission Resolution No. 11 -1 Minor Use Permit 11 -2 8 -67 Sudside Avenue February 2, 2011 adequate distance from adjacent residences and is a common type of development within the RLD -9 zone. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Minor Use Permit 11 -2, subject to the following conditions: 1. Minor Use Permit 11 -2 is approved for an interior remodel and reconfiguration of an existing bathroom, the addition of a 196 square foot (14'x14') solid roof patio cover; and a 114 square foot (6'x19') trellis structure to an existing, nonconforming single family dwelling located at B -67 Surfside Avenue, Seal Beach. 2. All improvements and modifications shall be in substantial compliance with the plans submitted in conjunction with Minor Use Permit 11 -2. 3. The existing, nonconforming setbacks shall be allowed to remain as long as there is no physical expansion of habitable areas or change in existing building footprints. Minor Use Permit 11 -2 does not authorize any such footprint or square footage expansions to the existing structures. 4. Surfside Colony Architectural Committee approval is required for all exterior changes to the existing structure(s). 5. Building permits shall be obtained for all approved structures requiring such permits. 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, 3 of 4 Planning Commission Resolution No. 114 Minor Use Permit 11 -2 B -67 Surfside Avenue February 2, 2011 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 February 2011, by the following vote: AYES: Commissioners Massa- Lavitt, Bello, Cummings, and Galbreath NOES: Commissioners None ABSENT: Commissioners Deaton ABSTAIN: Commissioners None Sandra Massa - Lavitt Vice - Chairperson, Planning Commission --s Mark Persico, A Secretary, Planning Commission 4of4