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HomeMy WebLinkAboutPC Res 04-08 - 2004-01-18 RESOLUTION NUMBER 04-8 0;9, A RESOLUTION OF THE PLANNING COMMISSION OF THE ~ , CITY OF SEAL BEACH APPROVING CONDITIONAL USE ' YA PERMIT NO. 04-3, PERMITTING A 4 CAR GARAGE IN r 1 ( CONJUNCTION WITH THE CONSTRUCTION OF A SINGLE FAMILY DWELLING LOCATED AT 1701 CRESTVIEW, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On January 13, 2004, Zuhrab Ghazarian submitted an application with the Department of Development Services for Conditional Use Permit 04-3. The applicant is proposing to construct a 4 parking spaces and a 25 foot wide drive isle turning radius within the garage in conjunction with a new single family dwelling located at 1701 Crestview. Under the provisions of section 28-402, any garage larger than 3 vehicles requires a Conditional Use Permit. Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9 II.B of the City's Local CEQA Guidelines, staffhas determined as follows: The application for CUP 04-3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 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 public hearing was held before the Planning Commission on February 18, 2004 to consider the application for CUP No. 04-3. At the public hearing the applicant spoke in favor of the request with some speakers speaking in opposition. Section 4. The record of the hearing on February 18, 2004 indicate the following: (a) On January 13, 2004, Zuhrab Ghazarian submitted an application with the Department of Development Services for Conditional Use Permit 04-3. (b) The applicant is proposing to construct a 4 car subterranean parking area with a 25-foot wide drive isle in the garage. (c) The subject property, Orange County Assessor's parcel number 199-151-07, is located in the Residential Low Density zone (RLD), on a lot that is approximately 8438 square feet. (d) The subject property is surrounded by single-family homes in the Residential Low Density (RLD) zone. To the north is Gum Grove Park in the Public Land Use/Recreation (pLU/R) zone. (e) The City has received no comments in response to the mailed/published notices ofthe hearing on CUP 04-3. Section 5. Based upon the facts contained in the record, including those stated in 94 of this resolution, and pursuant to 99 28-402, 28-2503 and 28-2504 of the City's Code, the Planning Commission hereby finds as follows: (a) CUP 04-3 are 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 family residential uses. The 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. Page 1 of3 Planning CommIssIOn Resolution No 04-8 CondItional Use PermIt 04-3 1701 CrestvIew Avenue February 18, 2004 better situation by creating additional off-street parking. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 04-3, subject to the following conditions: 1. Conditional Use Permit 04-3 is approved for the construction ofa 4-car garage with a 25- foot wide drive isle at 1701 Crestview, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through CUP 04-3. 3. The applicant shall be required to have a survey conducted and submitted for review to the Department of Development Services which shows the height of the street, the natural grade, and the elevations of the property before and grading may commence. Further, the Director of Development Services shall have the right to inspect the survey and will have final approval before any building permits shall be issued. 4. Prior to issuance of a building permit, the owner of the property shall be required to record a covenant against the property that indicates that the property shall be used for a single family dwelling only. 5. The property owner shall remove the concrete parkway between the sidewalk and the curb and replace with landscaping to the satisfaction of the City Engineer, including placement of trees from the City approved master tree list. 6. This CUP 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. 7. 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 18th day of January 2004 by the following vote: AYES: Commissioners Sharp, Deaton, Eagar, Ladner, and Shanks NOES: Commissioners None ABSTAIN: Commissioners None Page 2 Page 3 Planning CommIssIOn ResolutIOn No 04-8 CondItIOnal Use PermIt 04-3 1701 CrestvIew Avenue February 18, 2004 :b , 1 a%es Sharp, Chairman I .- :planning Commission I J