HomeMy WebLinkAboutCC Res 5140 2003-07-14
RESOLUTION NO. $it/o
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH APPROVING
MINOR PLAN REVIEW 03-9, A REQUEST
FOR AN ARCHITECTURAL REVIEW IN
CONJUNCTION WITH THE PROPOSED
CONSTRUCTION OF A TWO-STORY
CABANA HOME AT 42 RIVERSEA ROAD,
SEAL BEACH
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nIE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DETERMINE AND FIND:
Section 1. On May 6, 2003, Frank Boychuck (''The Applicant") filcd
an application for Minor Plan Review 03-9 with the Deparbncnt of Developmcnt
Services. Through MPR 03-9, the apphcant seeks architectural revlcw approval for a 2
story cabana to be constructed at 42 Rlversea Road, Seal Beach.
Sectton 2. Pursuant to 14 Calif. Codc of Regs. ~ l5025(a) and ~ II.B
of the City's Local CEQA Guidchncs, stafl has detennined as follows: The applicatton
for Minor Plan Review 03-9 is catcgoncalIy exempt from review pursuant to the
Cahfornia Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303, New
Construction or Conversion of SmalI Structures, (a) single family rcsldenccs not m
conjunction with thc building of two or more such umts. In urba11lzed areas, up to three
smgle-fanllly residences may be constructed or converted under thiS excmptlOn.
~ 15061 (b )(3), because it can be sccn with certainty that there IS no pOSSibility that the
approval may have a sl!,'11lficant effect on the cnviromncnt.
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Sectton 3 A duly noticed conscnt calendar hearing was held before
the Planning Commission on Junc 18, 2003, to consider the application for Minor Plan
Rcvlew 03-9. The mattcr was rcquested to be removed from the Consent Calendar and
the planning Commission rcccivcd commcnts and wntten documentatton in favor of and
III oppOSition to the proposal. .
Section 4. The PlatIDmg Commission approved Minor Plan Review
03-9, subJcct to 7 conditions, through the adoption of Planning Commission Resolution
No 03-22 on June 18, 2003.
Scction 5. An appcal of thc Planning CommiSSIOn's approval of
Minor Plan Review 03-9 was tnnely filed. On July 14,2003 the City Council held a duly
nottccd public hcaring to considcr the appeal. The Council considered alI oral and
written testimony and evidence presented at the tune of the de novo public hearing,
inclu4ing the staif reports.
Section 6.
The record of the de novo hcanng mdlcates the following:
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(a) On May 6, 2003, Frank Boychuck filed an applicatton with the
Dcpartmcnt of Dcvclopmcnt Scrviccs for Minor Plan Review 03-9.
(b) The applicant is requestlllg architectural review of a proposed 2
story cabana to be located within the Seal Bcach Trailer Park at 42 Riversea Road.
(c) The subject property IS located within the Seal Beach Trailcr Park
and is surroundcd on three sides by residential 'uses withm tile Park and to the wcst by the
San Gabnel River.
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Resolution Number ~~
(d) An appeal of thc Planning Commission determination was timely
filed in accordance with Article 29.4 of the Code of the Citv of Seal Beach. At the
heanng, residents and property owners in the neighborhood supported and opposed the
project as submittcd.
Sectton 7. Based upon the facts contained in the record, including those
stated in ~ 6 of thiS resolution, and pursuant to ~~ 28-1158 of the City's Code, the City
Council hereby finds as follows:
(a) Minor Plan Review 03-9 is consistent with the provisions of the
Land Use Element ofthe City's General Plan, which provides a "high density residenttal"
designation for the subject property and permits trailer residential uses. The use is also
consistent with the remaining elements of the City's Gcneral 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 property at 42 Riversea Road is adequate in size, shape,
topography and location to meet the needs of the proposed use of the property.
(c) Required adherenee to applicable building and fire codes ensure
there will be adequate water supply and utilities for the proposed use.
(d) The proposed use will be compatible with surrounding uses and the
community in general, because the style, height and bulk of the proposed structure, is
consistent with surrounding residential uses.
Section 8. Based upon the foregoing, the City Council hereby
approvcs Mmor Plan ReView 03-9, subject to the following conditions:
1.
Minor Plan Review 03-9 is approved for a two-story cabaiia located at 42
Rlversea Road, Seal Beach.
2.
A hfe safety sprinkler system shall be mstalled throughout the trailer and cabaiia
in accordance with the requirements set forth by the National Fire Protectton
Association, Seetton No. 13D.
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The exterior of th'e~cabaiia shall be constructed of stucco, or one (I) hour fire-
rated material sItall:oe installed under wood siding.
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Approval shall be subject to compliance with all applicable portions of Title 25 of
the California Admini~trative Code and the Umfornl Building Code.
The overall structLshall provide a minimum setback of three (3') feet from side
trailer space lines as designated in the map of the Seal Beach TraIler Park.
3.
4.
5.
6 All construction shall be in substantial compliance with the plans approved
through Minor Plan Review 03-9.
7.
Tills Minor Plan ReView shall not become effective for any purpose unless an
"Acceptance of Conditions" form has been signed by the apphcant in the presence
of the Director of Development Services, or notanzed and returned to the
Planning Deparl1nent.
8.
The applicant shall indenmify, defend and hold harmless 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, finns, or
eorporations furnishmg or supplying work, services, materials, or supplies m
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 granttng of or thc exercise of the rights permitted by this Minor Plan Review,
and from any and all claims and losses occurring or resulting to any person, finn,
corporation or property for damage, injury or death arising out of or connected
Resolution Number ~
with the performance of the use permitted hereby. Applicant's obligation to
mdemnify, defend and hold hannless the City as stated hercin shall include, but
not be hmited to, paying all fees and costs mcurred by legal counsel of the City's
choice m representing the City in COl111ectlon with any such claims, losses,
lawsuits or actions, expert witness fees, and any award of damages, judgments,
vcrdicts, court costs or attorneys' fees in any such lawsuit or action.
Section 9. The time withm which judicial review, if available, of this
decision must be sought IS governed by Section 1094.6 of the California Code of Civil
Procedure and Section 1-13 of the Codc of the City of Seal Beach. unless a shorter time IS
provided by applicable law.
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ABSTAIN: Councilmembers
e City of Seal
2003
PASSED, APPROVED AND ADOPT7~he City C uncil
Beach at a meeting thereof held on the - day of
by the following vote:
AYES: Councilmembers
NOES: Counctlmembers
ABSENT. Councilmembers
'iJ~~;~ ~ ~
Mayor, City ofSea1 Belch
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, dQ)ter by certify that
the foregoing resolution is an original copy of Resolulton Numb~ on file III the
Office of the City Clerk, passed, approved and a1~bY thc City un il of the City of
Seal Beach at a meetmg thereof held on the "day of
2003.
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. Y eo, City Clerk
f Seal Beach
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
Resolution Number ~~
This space ;s for the County
Clerk's Filing Stamp
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I am a citizen of the United States
and a resident of the county afore-
said; , am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A8258a; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
1-/03
all in the year 2003.
Proof of Publication of
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SEAL BEACH 28-2319, 28-2940
PUBLIC NOTICES App.n.nh
Penny P_n1
NOllCE OF
PUBUC HEARING 'Iii Applloont:
, Frank Boychuck
NOlICE IS HEREBY GIVEN t,' .
that the Clly Council of lhe> Owner:
City 01 B..I Beoch will haldR line HOUSing LLC
. public ....~ng an lIIandoy,
July 14, 2003. 117:00 p.m. In AI the above time and place
the City Counell ChBmbenlSBl1 mterested persons mey be
211 EJghth Str..t, S.. heard If sa desired If you chat-
Beech California. to COMld- lenge the proposed acbons In
.r the following 118m: courl, you may be limited 10
raisIng only thOSI Issues you
Appeal of lhe Planmng Com- or someone else r8l88d at the
mission Approval publIC heanng desenbed In this
Minor Plan RevIew 03-8 notlC8, or In wnlten correspon~
42 RlY8l'81B denee dellVe~ !O the elly of
Sool Beech .~ 01 prior 10, lhe
Appollon~ public hoallllf/
Aweal of the Planning Com~
mlSSlon8pprov8lofMtnOrP~ DATED Thl8 28th day of
R8YIIW for a Proposal to con- June, 2003 '
struot a 2 story mobile home
Wtlhln the Seal Beach Trailer Joanne Yea
Perk, _led aft 01 1st Street City Clerk
The applicant propose. to Cdy or Seal Beach
build a 2nd Story Cabana --
where an eXIsting Ir8J1er Je Pub Seal9sach Sun JoumaJ
located The ovenlll height of 71312003
the proposed structure will be
less than 25 'eet
Envlran.......1 Review:
1he proposed use II categori-
cally exempt from the r&qU1"
monts 01 CEOA
Code s_no:
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this 3M U ,2003.
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
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