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HomeMy WebLinkAboutPC Res 22-13 - 2022-09-19 RESOLUTION NO. 22-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 22-5 TO ALLOW THE ADDITION OF A SECOND FLOOR CABANA OVER THE EXISTING SINGLE-STORY MANUFACTURED HOME WITHIN THE RESIDENTIAL HIGH DENSITY (RHD-33) ZONING DISTRICT LOCATED AT 71 RIVERSEA ROAD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1 . Martin Raymond ("applicant"), submitted an application to the Community Development Department for Minor Use Permit 22-5. The proposed project includes the addition of a second-floor cabana over the existing single-story manufactured home located in the Residential High Density (RHD-33) zoning district within the Seal Beach Shores Mobile Home Park. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 and Class 3 (New Construction of Small Structures) pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act(Public Resources Code Section 21000 et seq.) for the removal of an existing manufactured home and addition of a new two story manufactured home in the same location. Section 3. A duly noticed public meeting was held before the Planning Commission on September 19, 2022, to consider Minor Use Permit 22-5. At the public meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 22-5 for a proposed project at 71 Riversea Road, Seal Beach, California. B. The subject site is a rectangular shaped lot of approximately 809 square feet. The subject site is located on a larger parcel consisting of similar shaped lots that make up the Seal Beach Shores community. The lot is approximately 24 feet wide by 34 feet deep. The lot is surrounded by residential uses consisting of manufactured homes on three sides, with the San Gabriel River to the west. C. The subject property is currently developed with a one-story manufactured home which will be removed and a new second floor cabana over the existing single-story manufactured house is proposed to be installed. The proposed second floor cabana over the existing single-story manufactured residence will not exceed the maximum building height of 25 feet, as measured from grade, and will not Resolution 22-13 71 Riversea Road contain a roof deck with only roofing materials being provided between the 20 foot and 24 foot 10 inch height of the structure. D. The Seal Beach Municipal Code (SBMC § 11.2.05.015.S) requires approval of a Minor Use Permit to install a second-floor cabana over the existing single- story manufactured house. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11 .5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed minor improvements are consistent with the General Plan which encourages architectural diversity in the Planning Area 2 while ensuring compatibility between residential and commercial uses. The proposed addition of the second-floor cabana over the existing single-story manufactured home will be compatible with the architectural style of surrounding buildings, will not change the character of the property, will maintain all requirements of the zoning area, and will be consistent with other surrounding properties. B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the RHD-33 zone, an area where the Seal Beach Municipal Code (SBMC § 11.2.05.015.S) allows addition of a second-floor cabana over the existing single-story manufactured home with approval of a Minor Use Permit. The proposed second floor cabana over the existing single-story mobile home has been approved by the California Department of Housing and Community Development ("HCD"), including the requirement that the manufactured home will comply with all regulations set forth in Title 25 of the California Administrative Code as required by HCD and the Building Division. C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is currently developed with a single-story manufactured home. The proposed addition of a second-floor cabana over the existing single-story manufactured home will maintain development standards applicable to the RHD-33 zone and Title 25 of the California Administrative Code. The improvement will not increase density or change beyond existing use of the property. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the RHD-33 zone, which consists of properties developed as single family and multi- family residences. The improvement will not change existing operating characteristics of the lot and will remain similar to surrounding uses throughout the Seal Beach Shores Mobile Home Park in the RHD-33 zoning area. Resolution 22-13 71 Riversea Road E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 22-5 for the proposed addition of a second-floor cabana over the existing single-story manufactured home is subject to the following conditions: 1 . Minor Use Permit 22-5 is approved for the addition of a second-floor cabana over the existing single-story manufactured home located at 71 Riversea Road. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 22-5. All new construction shall comply with all applicable provisions of Title 24 of the California Administrative Code and all other applicable state and local codes. 3. The applicant is required to obtain all HCD permits and other Building and Safety permits prior to demolition or construction. 4. The applicant is required to obtain Coastal Commission approval prior to Building Department plan check submittal. 5. Approval shall be subject to compliance with all applicable portions of Title 25 of the California Administrative Code and California Building Code. 6. A life safety sprinkler system shall be installed throughout the existing single story manufactured home and new second-floor cabana addition in accordance with the requirements set forth in Title 25 of the California Administrative Code and the California Building Code. 7. The applicant shall obtain authorization from the appropriate flood control district prior to addition of fences, decks, stairs, or other landscape treatments within the San Gabriel River flood control easement area. Evidence of such authorization shall be provided to the City prior to issuance of any permits for construction in the easement area. 8. This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. 9. 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 Use Permit, 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, Resolution 22-13 71 Riversea Road 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, 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 Seal Beach Planning Commission at a meeting thereof held on September 19, 2022, by the following vote: AYES: Commissioners MILLER, MASSETTI, THOMAS, CAMPBELL, KLINGER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners 411 Steve Miller Chairperson ATTEST: Alexa Smittle Planning Commission Secretary