HomeMy WebLinkAboutPC Res 04-32 - 2004-06-16
RESOLUTION NO. 04-32 ORIS/,
A RESOLUTION OF THE PLANNING COMMISSION OF THE W 4l
CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW
04-6, PERMITTING THE ADDITION OF APPROXIMATELY
398 SQUARE FEET TO AN EXISTING LEGAL, NON-
CONFORMING STRUCTURE LOCATED AT 955 CATALINA
AVENUE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On May 14, 2004, Don & Ruby Reeves ("The Applicant")
submitted an application for Minor Plan Review 04-6 with the Department of Development
Services. The applicant sought to add approximately 398 square feet to an existing, legal, non-
conforming residential structure at 955 Catalina. The property is non-conformmg due to an
inadequate front yard setback.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ I1.A of the
City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan
Review No. 04-6 is categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to 14 Calif. Code of Regs. ~ 15301(e) (Existing Facihties), because it
involves an addition to an existing residential structure which increases the floor area by less than
50% and is less than 2,500 square feet in area; and, pursuant to ~ 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 June 16,2004 to consider Minor Plan Review 04-6.
Section 4.
The record of the hearing indicates the following:
(a) On May 14, 2004, Don & Ruby Reeves submitted an application
for Minor Plan Review 04-6.
(b) SpeCIfically, the apphcant is seeking to add approximately 398
square feet to an existing, legal non-conforming residential structure.
(c) The subject property is described as Orange County Assessor's
Parcel Number 043-131-06 and is located in the Residential Low Density (RLD) zone in an area
ofthe City generally referred to as "The Hill."
(d) The subject property is essentially rectangular m shape with a lot
area of approximately 5436 square feet.
(e) The surrounding land uses and zoning are as follows:
SOUTH, EAST & Residential Housing in a Residential Low Density (RLD) Zone
WEST
NORTH
Hellman Ranch in the Hellman Ranch Specific Plan (SPR) Zone
(f) Staff has received no responses, written or other, to its mailed
notice regarding Minor Plan Review 04-6.
Section 5. Based upon the evidence in the record, including the facts stated in
~ 4 of this resolution and pursuant to ~ 28-2407 of the City's Code, the Planning Commission
hereby finds as follows:
(a) Minor Plan Review 04-6 is consistent with the provisions of the
Land Use Element of the City's General Plan, which provides a "low density residential"
designation for the subject property and permits single- and multi-family residential uses. The
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Planning CommIssIOn ResolutIOn 04-32
Mmor Plan RevIew 04-6 955 Catalma Avenue
June 16, 2004
use is also consistent with the remaining elements of the City's 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.
Section 6. Based on the foregoing, the Planning CommissIOn hereby approves
Minor Plan Review 04-6, subject to the following conditions:
1. All construction shall in substantially similar to the plans submitted in conjunction with the
application for Minor Plan Review 04-6.
2. This Minor Plan Review shall not become effective for any purpose unless an "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
ten (10) day appeal period has elapsed.
3. 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 nghts 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 ansmg out of or connected with the
performance of the use permitted hereby. Applicant's obhgation to indemnify, defend and
hold harmless the City as stated herein shall include, but not be hmited 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 16th day of June 2004 by the following vote:
AYES: Commissioners
Sharp, Deaton, Eagar, Ladner, and Shanks
NOES: Commissioners
None
ABSENT: Commissioners None
~t-'
Mac Cummins, AICP
Secretary, Planning Commission
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