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Home My WebLink AboutCC Res 4987 2002-03-25 RESOLUTION NUMBER J/'l81 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING AN APPEAL, SUSTAINING THE DECISION OF THE PLANNING COMMISSION, AND APPROVING SITE PLAN REVIEW NO. 02-1, PERMITIING A 324 SQUARE-FOOT FAMILY ROOM ADDITION AT THE REAR OF ] 2282 BRIDGEWATER WAY THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: Section 1. On December 17, 2001, Cary and Carol Brody (the "Applicant") filed an application with the Department of Devclopment Services for Site Plan Review 02-1. The applicant is proposing to construct a 324 square foot family room addition at the rear of the subject property. The proposed lot coverage will be 47.96%; the maximum lot coverage permitted is 50%. I Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of thc City's Local CEQA Guidelines, staff has determined as follows: The application for Site Plan Review 02-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs ~ 15301(e) (Existing Facilities) because the request is for a minor addition to an existing residence that will not result in an increase of more than 50 percent of the floor area of the structure before the addition, or 2,500 square feet, whichever is less; and, pursuant to ~ 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a si!,'Ilificant effect on the environment. Section 3. A duly noticed public hearing was scheduled before the Planning Commission on January 9, 2002, and continued to February 6, 2002 to consider the application for Site Plan Review 02-1. Section 4. The Planning Commission approved Site Plan Review 02- I, subject to 7 conditions, through the adoption of Planning Commission Resolution No. 02-3 on February 6, 2002. Section 5. An appcal of the Planning Commission's approval of Site Plan Review 02-1 was timely filed. On March 25, 2002 the City Council held a duly noticed public hearing to consider the appeal. The Council considcred all oral and written testimony and evidence presented at the time of the de novo public hearing, including the staff reports. Section 6. The record of the de novo hearing indicates the following: I (a) On December 17, 2001, Cary and Carol Brody (the "Applicant") filed an application with the Department of Development Services for Site Plan Review 02-1. (b) The site plan review is required as a condition of the approved development agreement between Bixby Ranch Company and the City of Seal Beach regarding the Bixby Old Ranch Towne Center project. (c) The applicant is proposing to construct a 324 square foot family room addition at the rear of the subject property. The proposed lot coverage will be 47.96%; the 'maximum lot coverage permitted is 50%. Resolution Number ~ (d) The subject property is located on the eastcrly side of Bridgewater Way, between Rock Landing Way and Plymouth Way, east of Seal Beach Boulevard within the Centex Homes residential development pOltion of the Old Ranch project. (e) The subject property is located in thc Residential Medium Density (RMD) zone, on a parcel of land having 55 feet of frontage on Bridgewater Way, being 89 feet deep. The subject property is 4,895 square feet in area and is developed with an existing single family residence. (f) Surrounding land uscs and zoning are as follows: I All Directions - Residential Medium Density (RMD) zone. North of Residential neighborhood - single family residential homes within the "Rossmoor Highlands" area of the City of Los Alamitos. South of Residential neighborhood - Approved Bixby Old Ranch Towne Center currently under construction, in the General Commercial (C-2) Zone. East of Rcsidential neighborhood- Los Alamitos Joint Forces Training Base. West of Residential neighborhood - across Seal Beach Boulevard, in the General Commercial (C-2) zonc is the Rossmoor Center development, in the City of Seal Beach. ' (g) The proposed single-story residential addition complies with all standard development requirements of the City related to setbacks, lot coverage, building height, living area, off-street parking, and landscaping. (h) An appeal of the Planning Commission determination was timely filed in accordance with Article 29.4 of the Code of the Citv of Seal Beach. I (i) The City Council received the record of the Planning Commission hearings, including Planning Commission Staff Reports and Minutes. In addition the City Council received public testimony in favor and in opposition to the proposed project. Section 7. Based upon the evidence submitted at the de novo hearing, facts contained in the record, including those stated in ~6 of this resolution and pursuant to ~~ 28-1300, 28-2503 and 28-2504 of the City's Code, the City Council hereby finds: (a) Site Plan Review 02-1, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential Medium Density" designation for the subject property and permits the proposed addition subject to approval of a "Site Plan Review". The use is also consistcnt with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and retlected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The proposed style, height and bulk of the proposed 324 square-foot, single-story room addition is consistent with adjoining residential uses, which include a new residential neighborhood development further to the west, being developed by the same homebuilder. In addition, the properties adjacent to the subject site to the south have received previous approvals for a commercial shopping center and mitigation measures were imposed by the City Council at the time of certification of the Bixby Old Ranch Towne Center Final Environmental Impact Report (SCH 97091077) to ensure compatibility of the proposed rcsidcntial and commercial uses. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to cnsurc compatibility with adjoining land uses. The proposed 324 square-foot, single-story room addition exceeds all standard development requirements of the City related to setbacks, lot coverage, building height, living area, off-street parking, and landscaping. I I I I / Resolution Number ~Gf;1 (c) Subject to the proposed conditions of approval, the proposed 324 square-foot, single-story room addition, as approved hcrcin, will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As approved by the City Council, there are sufticient mitigation measures adopted by the City Council to ensure compatibility with adjoining land uses. (d) Required adherence to applicable building and tire codes will ensure there will be adcquate water supply and utilities tor the proposed use. Section '8. Based upon the foregoing, the City Council hereby denies the appeal, sustains the Planning Commission decision, and approves Site Plan Revicw 02-1, subject to the following conditions: I. Site Plan Review 02-1 is approved for the construction of a 324 square foot family room addition at the rear of 12282 Bridgewater Way. 2. All residential development shall be in substantial compliance with the plans submitted as a part of the application for Site Plan Review 02-1. 3. This Site Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" fornl has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department. , 4. A modif~ation o~ .thi'; Sitc Plan Review shall be obtained when the property proposes to modify any of its current conditions of approval. 5. The Planning Commission reserves the right to revoke or modify this Site Plan Review if any violation of the approved conditions occurs, any violation of the Code of the Citv of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 of the Code of the Citv of Seal Beach. 6. The applicant shall indemnify, 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, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use pennitted 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 Site 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 hannless 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. 7. This Site Plan Review shall become null and void unless exercised within one (I) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. Section 9. The time within 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 Code of the Citv of Seal Beach, unless a shorter time is provided by applicabie law. Resolu~ion NUmber ~ PASSED, APPROVED, AND ADOPTED by the City Council2!.!!te City of Seal Beach 'th a meeting thereof held on thc r:t25 -!f day of ~ ,2002, by the folIowing vote: AYES: Councilmemb ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of Seal Beach, califomiff~~ certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council ofthe CitY. of Seal Beach, at a ~eeting thereof held on the ,..?~ day of ~ ,2002. 1 I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange ~~SolutiQnfNUmbe~~;11' I his space IS or the L.;6oTfrYf- Clerk's Filing Stamp I I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the apove-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 A82583; 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: ~J2R all in the ye6.r 2002, I certify (or declare) under penalty of perjury that the foregoing is true and co rrect. Proof of Publication of , N01lCI; oj: -- ... , :"::-. '-':'. .!'plI8UCHEARlNO \"L .,A " .~ .~.' NOlICEI5HERUY'" . ':;' GMN "",,.o,Caidol'hQy.. · 01 SoaIIle&I. w;J held a pubic '-'I'll an ,~, 'Mcnday,~ 1111::100;2;017'00"': .}p on. " lie G1yCa.r.a1 Cl..nbon,'2.11.' (1, EVIh 5no\ SoaI Beach, CaI,1amoa. b" "..".. Q"";d,,,helail>Mrg,...."" . . , lo'APPEAL Of PlANNING coMM.S:.'~ , . - SION API'IIOVAL '.' ~ . -.,; .,,~, '.srrEPlANRMEW02~l . ':"122i2BRIDGEWATEIlWAY,~ ...~ :. . I . ~ '",IEACH ~. ; .... .,' APPEUANT5 REQU,:,T:r" of he ::-',,-..i-Canrri..... ' ofa~ ""'b.;J...a324 ' . lidbnlyroam " ad:loanolhe"'c1~"""'_ s.. , . Plan KlMIIM'Is required 011 a CcindI!kiJ ofa ...~~~!Iie?ty OrupoperlyONrtf!ll .. .. .,' 'ENVlRONMENfAL'REVlEWl'1he I: '-~~'~~~'~" IrIIIIl'equllwrnenls .' """~'~l' CODE SECnONS= SiIB Plan RsvI8'N I'l"iDn" cI:oodbtp....lcpTori....a:j'C.~'s:J &<by IiOOch CaIrj>any ,oty, . Beach-.. ...~,' :::.}_~.:).:; . .APPEIJ.ANIl_. ranioandAlnao..;", '"', 12283 Old ~Ccut, SoaI Beado APPUCANT. Cay and c..cISIody. 1 , OWNER: eaYand c..cIBrCdY~, . . . A! hi aIX,...e 6nw and place" ~ InlereSIed. . perSCI'DrrDfbehec:nflfsodesll'l!lCJ fyou . "ilderge lie P"'f"""d, adano" """,, . . - be IiMOd b ",;Oirg:r"" , ""mo,. " . '.'.' . otL ISSlJeI)'OUOl'D'MOrlllI_ral InIII , ~"""rgdoKnbodlnlU_a" _..........Jc,adoMnoObheOy 01 SoaI Boadi at, a p;a 10, he ploIc..... l,., k1g", "l'{' ''l>': rl ., , "~DATE~~~'l9'.~~t~,2002~ '\ .-.Joc;InIM. Yeo ':,,:.":f..~.~...1 ~ Coty~ ". ..-..'" '1 PubI.""" In he Seal BO.xh Sun Jauma , 2/28/2rJ:11.. :', ' ,)1 Dated at Seal Beach, CA, this28'" day of ~~~~C(/tr' 2002, Signature PUBLlC,A; ON PROCESSED THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 I Resolution Number 110(211 PROOF OF PUBLlCATIOtf'Y- (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the county afore- said; I 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 A82583; that tl)e 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: (~JILII") n()/'. I I all in the year 2002. Proof of Publication of ............................................... I ............................................... I certify (or declare) under penalty of perjury that the foregoing is true and co rrect. NonCE 01' PUBlIC HEARING NOllCE IS HEREBY GIVEN fa "" OIyCourcd 01.. Cdy 01 Seal Beach w' hold Q oubI~ hoo;"ll an Monday, Ma.th 25~ '2002, d 7.00 pm... "'" GIy Courcd CJ.ambon, 211 fog!>/> 51-.... Seal Bead>, CaI,1cm1O, Ia c:onsder the roIowna l!em APPEAl. Of PlANNINcl' COMMIS- SION APPROVAl5ITE PIAN _02.1. 122B2 BRIDGOWATER WAY, wu. BEACH APPEI..1AI'<<S REOUESll Apped d Ihe Pl.'.IlQmnsso,_da_ 10 oonsCl\Jd a 324 S(JJare foal lamIy mom _at Iharearallha_p_Oy. SIIe Plan RevIaw Is RKJired as a condIIItI1 da.....""""'._betwaanlha Cdy and Ihe property owner. ENVIRONMENTAl REVIEW: Tho JlR> .,...d projed.. ~y -.... &em he requ_oI CODE SEClIONSo 51"PIan _ man- <b.dbyDewolcpnwt~beI.oen a.m,. _CompanycnJ "" 0Iy0l5eal Beaih. API'EUANJI_, r"')O. adAlno Domo. ... .. 12283 Old t-bboo- Cc>.t, Seal Beach APPllCANT. Cay ad Cad Ilo<tly ~ERl Cay ad Cad Brody AI "" abaw. lime and P!aa> all .......1Bd _nuybot.ea.d,I",domod Iyw <haIIorge lie f""PO>Od adan, in """'. ywnuybo""'o;.!la...,;"gantv""'" issues)'OU.OI someone else fOlsocJ at h filioc"""vdeoa.bocln ""neb, or.. -~_Ia""Cdy ~ Seal Bead, at, or pncr ...,. puI>c I..;. "'9, DAlID 1IfS II' day 01 Mcrd., 2002. .IcannoM Voo GIyCIodo Published in !he Seal Beach Sam Jownal 3/14/2002. ' 1 Dated at Seal Be~ ::~~t"I lro thisJ!::L.=day of ~, 2002. ignature PUBLICA 0 OCESSED THE SEAL BEACH S 216 Main Street Seal Beach, CA 90740 (562) 430-7555 I