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HomeMy WebLinkAboutPC Res 04-09 - 2004-02-04 RESOLUTION NUMBER 04-9 o -1>/i '6'~ ~( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 04-2, FOR ARCHITECTURAL REVIEW IN CONJUNCTION WITH THE PROPOSED CONSTRUCTION OF A TWO-STORY CABANA HOME AT 48 RIVERSEA ROAD, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On May 19, 2003, Edward and Lori Welz ("The Applicant") filed an application for Minor Plan Review 03-10 with the Department of Development Services. Through MPR 03-10, the applicant sought architectural review approval for a 2-story cabana to be constru~ted at 48 Riversea Road, Seal Beach. After the Planning Commission approved the request, City staff became aware that the applicant's proposal involved being located within a setback area required by Municipal Code. The City Council, after holding duly notice public hearings, changed the Municipal Code to remove this separation setback requirement for 2 story cabanas within the Trailer Park, and the applicants re-submitted for MPR 04-2 on January 12, 2004. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 04-2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (a) single-family residences not in conjunction with the building of two or more such units. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption ~ 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 February 4, 2004 to consider the application for Minor Plan Review 04-2. Section 4. The record of the hearing on February 4, 2004 indicates the following: (a) On May 19, 2003, Edward and Lori Welz ("The Applicant") filed an application for Minor Plan Review 03-10 with the Department of Development Services. Through MPR 03-10, the applicant sought architectural review approval for a 2-story cabana to be constructed at 48 Riversea Road, Seal Beach. After the Planning Commission approved the request, City staff became aware that the applicant's proposal involved being located within a setback area required by Municipal Code. The City Council, after holding duly notice public hearings, changed the Municipal Code to remove this separation setback requirement for 2 story cabanas within the Trailer Park, and the applicants re-submitted for MPR 04-2 on January 12, 2004. (b) The applicant is requesting architectural review of a proposed 2-story cabana to be located within the Seal Beach Trailer Park at 48 Riversea Road. ( c) The subject property is located within the Seal Beach Trailer Park and is surrounded on three sides by residential uses within the Park and to the west by the San Gabriel River. (d) The City received no comments, written or other, responding to the notices of the hearing on MPR 04-2. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-2319 of the City's Code, the Planning Commission hereby finds as follows: Page 1 of3 Planning Commission Resolution 04-9 Minor Plan Review 04-2 - 48 Riversea Road February 4,2004 (a) Minor Plan Review 04-2 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "high density residential" designation for the subject property and permits trailer 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. (b) The property at 48 Riversea Road is adequate in size, shape, topography and location to meet the needs of the proposed use ofthe property. (c) Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. (d) The proposed use will be compatible with surrounding uses and the community in general, because the style, height and bulk of the proposed structure, is consistent with surrounding residential uses. Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 04-2, subject to the following conditions: 1. Minor Plan Review 04-2 is approved for a two-story cabaiia located at 48 Riversea Road, Seal Beach, measuring approximately 1640 square feet. 2. A life safety sprinkler system shall be installed throughout the trailer and cabana in accordance with the requirements set forth by the National Fire Protection Association, Section No. 13D. 3. The exterior of the cabaiia shall be constructed of stucco, or one (1) hour fire-rated material shall be installed under wood siding. 4. Approval shall be subject to compliance with all applicable portions of Title 25 of the California Administrative Code and the Uniform Building Code. 5. The overall structure shall provide a minimum setback of three (3') feet from side trailer space lines as designated in the map of the Seal Beach Trailer Park. 6. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 04-2. 7. This Conditional Use Permit shall not become effective for any purpose unless/until a City "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 (l0) calendar-day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 4th day of February 2004 by the following vote: AYES: Commissioners Sharp, Deaton, Eagar, Ladner, and Shanks NOES: Commissioners None ABSENT: Commissioners None Ja es Sharp Chairperson, Planning Commission Page 2 of3 ~~ Secretary, Plannmg CommISSIOn **** Page 3 of3 Planning Commission Resolution 04-9 Minor Plan Review 04-2 - 48 Riversea Road February 4, 2004