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Home My WebLink AboutPC Res 07-13 - 2007-05-09 RESOLUTION NUMBER 07-13 OR/6/~J 1I/4/. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 07-6, AN ARCHITECTURAL REVIEW OF A TWO STORY CABANA AT 74 RIVERSEA ROAD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On February 20, 2007, Sheila Oden ("the applicant") submitted an application for Minor Plan Review 07-6 with the Department of Development Services to add a new second floor cabana of 494 square feet of living area to a new 540 square foot trailer in the Seal Beach Trailer Park. The overall height will be less than 25 feet and the proposed structure will provide a total of 1,034 square feet of living space. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ H.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 07-6 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303, New Construction or Conversion of Small Structures, subsection (a), construction of single family residences, 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 May 9,2007 to consider the application for Minor Plan Review 07-6. Section 4. The record of the hearing on May 9, 2007 indicates the following: (a) On February 20, 2007, Sheila Oden ("the applicant") submitted an application for Minor Plan Review 07-6 with the Department of Development Services to add a new second floor cabana of 494 square feet of living area to a new 540 square foot trailer in the Seal Beach Trailer Park. The overall height will be less than 25 feet and the proposed structure will provide a total of 1,034 square feet ofliving space. (b) The subject property is located on an interior lot between Riversea Road and Welcome Lane of the Seal Beach Trailer Park, which is abutting the San Gabriel River and is surrounded by residential uses within the Park in all other directions. Z \My Documents\RESO\MPR 07-674 RIVersea PC Reso doc\LW\05-10-07 Plal1l11l1g CommIssion ResolutIOn No 07-13 Mmor Plan ReVIew 07-6 - 74 R,versea May 9, 2007 (c) The subject property is currently approximately rectangular 111 shape, with a lot area of737 sq. ft. (22.0' x 33.5'). (d) The Seal Beach Trailer Park surrounding land uses and zoning are as follows: o o SOUTH: Oakwood Apartments in the Residential High Density (RHD) Zone Single Family Attached Housing in the Residential High Density (RHD) Zone Undeveloped parcel of land, Single Family Housing in the Residential Low Density (RLD) Zone San Gabriel River & City of Long Beach NORTH: o EAST: o WEST: (e) The subject property is located on an interior lot between Riversea Road and Welcome Lane in the Seal Beach Trailer Park, surrounded by residential uses within the Park in all directions. A common area walkway area approximately 10-11 feet in width adjoins the subject trailer space to the east and an approximately 18-foot common area walkway area adjoins the trailer spaces to the south. (f) This is an interior lot, located between Riversea Road and Welcome Lane in the Seal Beach Trailer Park. In parks, or portions of parks, constructed prior to September 15, 1961, "units shall not be located closer t!lan six (6) feet from any permanent building or anotlter unit' in accordance with the provisions of California Code of Regulations, Title 25, Division 1, Chapter 2, Mobilehome Parks and Installations, Article 7, MH-Unit and Commercial Modular Installations and Facilities, Section 1330, Unit Separation and Setback Requirements Wlthm Parks, subsection (a). The subject request is conditioned to require compliance with this provision of State Regulations which the City has no authority to modify. (g) In order to comply with the separation standard set forth in California Code of Regulations Title 25 of 6 feet between the living units, the trailer to be moved onto the site cannot exceed a size of 16 feet by 30.5 feet, or a maximum of 488 square feet, and the floor area of the second story cabana cmillot exceed 487 square feet, in compliance with the provisions of California Code of Regulations, Title 25 regarding cabanas as an "accessory" structure on the trailer space. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~ ~ 28-2319 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 07-6, as conditioned for approval, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "high density residential" designation for the subject property and permits trailer residential uses. The use is also consistent with the remaining elements of the City's MPR 07-674 Rlversea PC Reso 2 Planning ComnllSSlon ResolutIOn No 07-13 Minor Plan RevIew 07-6 - 74 Rlversea May 9, 2007 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 property at 74 Riversea Road is adequate in size, shape, topography and location to meet the needs of the proposed use of the property, as conditioned for approval. (c) Required adherence to applicable building and fire codes ensures 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, as conditioned for approval, is consistent with surrounding residential uses. Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 07-6, subject to the following conditions: 1. Minor Plan Review 07-6 is approved for a new trailer and second-story cabana located at 74 Riversea Road, Seal Beach, with the following modifications to the proposed plans: a. The overall structure, including the second story cabana, shall provide a minimum setback of six (6) feet from all sides of any adjoining trailers or mobilehomes located on adjacent trailer spaces. b. The trailer to be moved onto the site cannot exceed a size of 16 feet by 30.5 feet, or a maximum of 488 square feet, and the floor area of the second story cabana cannot exceed 487 square feet, in compliance with the provisions of California Code of Regulations, Title 25. 2. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 07-6, as revised pursuant to Condition 1. 3. The second floor window at the top of the stairs shall be of obscured/frosted glass or be redesigned in order to prevent a view into the residence directly behind the property at 74 Riversea at 73 Riversea. 4. The maximum permitted building height shall not exceed two stories and 25 feet in overall height. 5. The area between 20 feet and 25 feet in overall height shall consist exclusively of roofing. 6. No decks or balconies shall be permitted above the floor level of the second story. 7. A life safety sprinkler system shall be installed throughout the trailer and cabaiia in accordance with the requirements set forth by the National Fire Protection Association, Standard No. 13D. MPR 07-6 74 Rlversea PC Reso 3 Plannmg COml1llSSlOn Resolution No 07-13 Mmor Plan RevIew 07-6 - 74 R,versea May 9, 2007 8. The exterior of the cabana shall be constructed of stucco, or one (l) hour fire- rated material shall be installed under wood siding. 9. Approval shall be subject to compliance with all applicable portions of Title 25 of the California Code of Regulations and the California Building Code. 10. This Minor Plan Review shall not become effective for any purpose unless/until a City "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 10 calendar-day appeal period has elapsed. 11. 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 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 Conditional 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, 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 Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of May , 2007 by the following vote: AYES: Commissioners BELLO. DEATON. MASSA-LA VITT. ROBERTS NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners MPR 07-6 74 Rlversea PC Reso 4 e Whittenberg, Secretary lanning Commission MPR 07-674 Rlversea PC Reso Plannl11g COnll1l1SSlOn Resolution No. 07-13 Mmor Plan RevIew 07-6 - 74 R,versea May 9, 2007 5