Loading...
HomeMy WebLinkAboutPC Res 04-29 - 2004-06-16 RESOLUTION NO. 04-29 OR/G/,AJ '1/4L A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 04-5, PERMITTING THE ADDITION OF APPROXIMATELY 481 SQUARE FEET TO AN EXISTING, LEGAL, NON- CONFORMING STRUCTURE LOCATED AT 1611 ISLAND VIEW DRIVE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On April 21, 2004, Gloria A Souders ("The Applicant") submitted an application for Minor Plan Review 04-5 with the Department of Development Services. The applicant sought to add approximately 481 square feet to an existing, legal, non-conforming residential structure at 1611 Island View Dr. The property is non-conforming due to an inadequate side yard setback. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan Review No. 04-5 is categorIcally exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15301(e) (Existing Facilities), 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 possibihty 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 19, 2004 to consider Minor Plan Review 04-5. Section 4. The record ofthe hearing indicates the following: (a) On April 21, 2004, Gloria Souders, submitted an application for Minor Plan Review 04-5. (b) Specifically, the applicant is seeking to add approximately 481 square feet to an existing, legal non-conforming residential structure. (c) The subject property, Lot 223 of Tract No. 2590, is located in the Residential Low Density zone (RLD), In an area generally referred to as "the hill." (d) The property is odd shaped, with a lot area of approximately 5884 square feet. (e) The surrounding land uses and zoning are as follows: NORTH, SOUTH, Residential Housing in a Residential Low Density (RLD) Zone EAST & WEST (f) Staff has received one response, via phone, to its mailed notice regarding Minor Plan Review 04-5. 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 04-5 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 use is also consistent with the remaining elements of the City's General Plan as the poliCIes of Page 10f3 Planning CommIssIOn ResolutIOn No 04-29 Mmor Plan RevIew 04-5 16111sland V,ew Drzve June 16, 2004 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 04-5, 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 04-5. 2. The applicant shall pave the dirt area to the east of the property, as shown on the plans, between the existing drive isle and the property line wall. This area will therefore be Incorporated into the driveway. 3. The applicant shall re-design either the carport or the garage to meet the City's minimum garage measurements as defined in the Municipal Code. This shall be resubmitted to the City BUIldIng Dept. prior to issuance of a building permit, and work shall be completed prior to issuance of a final inspection. 4. A survey shall be conducted and recorded with the City, which shows all lot boundarIes and measurements. Such survey shall clearly show where all property lines are located, and where the existing structure is located on the property. 5. 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. 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 occumng or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materIals, or supplies in connection with the performance ofthe 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 represent10g the City 10 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 Page 2 00 It r:- ' Mac Cummins, AICP Secretary, Planning Commission **** Page 3 of3 Planning Commzsswn ResolutIOn No 04-29 Mmor Plan ReVIew 04-5 16111sland VIew Drzve June 16, 2004