HomeMy WebLinkAboutPC Res 04-20 - 2004-04-07
RESOLUTION NO. 04-20 0 R / G
A RESOLUTION OF THE PLANNING COMMISSION OF THE / IV 41
CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW ~
04-4, PERMITTING THE ADDITION OF APPROXIMATELY
1423 SQUARE FEET TO AN EXISTING, LEGAL,
NONCONFORMING STRUCTURE LOCATED AT 705
BA YSIDE AVENUE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On March 16,2004, Rick Gordon ("The Applicant") submitted an
application for Minor Plan Review 04-4 with the Department of Development Services. The
applicant sought to add approximately 1423 square feet to an existing, legal, non-conforming
residential structure at 705 Bayside Avenue. The property is non-conforming due to an
inadequate front yard setback.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A ofthe
City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan
Review No. 04-4 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 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 April 7, 2004 to consider Minor Plan Review 04-4.
Section 4.
The record ofthe hearing indicates the following:
(a) On March 16,2004, Rick Gordon, submitted an application for
Minor Plan Review 04-4.
(b) Specifically, the applicant is seeking to add approximately 1423
square feet to an existing, legal non-conforming residential structure.
(c) The subject property is described as Orange County Assessor's
Parcel Number 043-252-19 and is located in the Residential Low Density (RLD) zone in an area
of the City generally referred to as "The Hill."
(d) The subject property is rectangular in shape with a lot area of 5300
square feet.
(e) The surrounding land uses and zoning are as follows:
NORTH, SOUTH,
EAST & WEST
Residential Housing in a Residential Low Density (RLD) Zone
(f) Staffhas received no responses, written or other, to its mailed
notice regarding Minor Plan Review 04-4.
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 04-4 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 ofthe City's General Plan as the policies of
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Plannmg CommIssIon ResolutIOn No 04-20
MPR 04-4 705 Bayslde Drzve
Aprzl 7, 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 04-4, 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 04-4, except for the removal of the covered front porch
area, subject to condition #2.
2. The applicant will remove the covered front porch area from the proposed plans. The
applicant will be allowed to keep the existing covered porch, in the same configuration.
However, any change to this configuration shall require an amendment to this Minor Plan
Review, or a Variance, as determined by City Staff, depending on the nature of the proposed
change.
3. 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 ofthe Director of
Development Services, or notarized and returned to the Planning Department; and until the
ten (10) day appeal period has elapsed.
4. 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 ofthe 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 7th day of April 2004 by the following vote:
AYES: Commissioners
Sharp, Deaton, Eagar, Ladner, and Shanks
NOES: Commissioners
None
ABSENT: Commissioners None
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