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Home My WebLink AboutPC Res 02-03 - 2002-02-06 RESOLUTION 02-3 OR Ie. . ,,,\ L A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW 02- I FOR A 324 SQUARE-FOOT FAMILY ROOM ADDITION AT THE REAR OF 12282 BRIDGEWATER WAY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 17, 2001, Cary and Carol Brody (the "Applicant") filed an application with thc Department of Development 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 47.93%; the maximum lot coverage pennitted is 50%. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the 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 ~ l5301(e) (Existing Facilities) because the request is for a minor addition to an existing residence that will not result in an merease 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 ~ l506l(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant cffeet 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 record of the hearing of January 9 and February 6, 2002 indicatcs the following: (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 a/:,'feement 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 pcrmitted is 50%. (d) The subject property is located on the easterly side of Bridgewater Way, between Rock Landing Way and Plymouth Way, cast of Seal Beach Boulevard within the Centex Homes residential development portion of the Old Ranch project. (e) The subject property is located in the 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 uses and zoning are as follows: All Directions - Residential Medium Density (RMD) zone. C IMy I)U"uIDulltJ.IRESOISPR02-1 (12282 BlldgeW"dler) PC Rosa docILWI02-06-02 PIOJIIl/llg CommiSSIOn ResolutlOlI 02-3 Site Plall Review 02-1, 12282 Bridgewater Wuy FebruOlY 6. 2002 North of Residential neighborhood - single family residential homes within the "Rossmoor Highlands" area of the City of Loa Alamitos. South of Residential neighborhood - Approved Bixby Old Ranch Towne Center currently under construction, in the Gencral Commercial (C-2) Zone. East of Residential neighborhood- Los Alamitos Joint Forces Training Base. West of Residential neighborhood - across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center development, in the City of Scal Bcach. (g) The proposed single-story residential addition complies with all standard development requirements of thc City rclated to setbacks, lot coverage, building height, living arca, of I-street parking, and landscaping. Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to the City Code, the Planning Commission makes the following findings: (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 pennits the proposed addition subject to approval of a "Site Plan Review". The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements arc consistent with, and reflected in, the Land Use Element. Accordingly, tlle 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 residential and commercial uscs. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility with adjoining land uses. The proposed 324 square-foot, single-story room addition exceeds all standard development requirements of the City related to sctbaeks, lot coverage, building height, living area, off-street parking, and landscaping. (e) Subject to the proposed conditions of approval, the proposed 324 square-foot, single-story room addition, as approved herein, will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility with adjoining land uses. (d) Required adherence to applicable building and fire codes will ensure there will be adequate water supply and utilities for the proposed use. Section 6. Based upon the foregoing, the Planning Commission hereby approves Site Plan Review 02-1, subject to the following conditions: 1. 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. SPR02-ll12282 Blldgewatel).PC Re.o 2 Plannmg CommissIOn ResolutIOn 02-3 Sue Plall RevIew 02-1, 12282 Bndgewater Way FebruUlY 6, 2002 2. All residential development shall bc 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 l:lll "Acceptance of Conditions" form has been signed by the applicant in the prescnce of thc Director of Developmenl Services, or notarizcd and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 4. A modification of this Site Plan Rcvicw shall be obtained when the property proposes to modifY any of its current conditions of approval. 5. The Planning Commission reservcs the right to revoke or modify this Site Plan Review if any violation of the approved conditions occurs, any violation of the Code of thc 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, defcnd and hold hannless City, its officers, agents and employees (collcctively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all pcrsons, firms, or corporations furnishing or supplying work, serviccs, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of lhe rights granted herein, and any and all claims, lawsuits or actions arising from thc granting of or the exercise of the nghts permUted by this Site Plan Rcvicw, and from any and all claims and losses occurring or rcsulting to any person, finn, corporation or property for damagc, injury or death arising out of or connecled with the perfonnance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold hannless thc City as statcd herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of lhe City's choice in representing the City in connection with any such claims, losses, lawsuits or aclions, cxpert 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 cxtcnsion of time as may be granted by thc Planning Commission pursuant to a written request for extension submiLled to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on thc 6th day of February ,2002, by the following vote: AYES: Commissioners Sharp, Cutuli, Brown, Ladner NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Hood SPR 02-1 (12282 Bndgcwatcr) PC Rc.o 3 SPR 02-1 (12282 Blidgewatel) PC Reso Plalll/!/Ig CommisslOll ResolutlOll 02-3 SIte Plall ReVIew 02-1,12282 B/"ldgewater Way Febrllary 6, 2002 4