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Home My WebLink AboutPC Res 10-44 - 2010-01-15RESOLUTION NUMBER 10-44 O / � A RESOLUTION OF THE PLANNING �` COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 10 -15 FOR AN ARCHITECTURAL REVIEW OF A TWO- STORY MANUFACTURED HOME AT 55 RIVERSEA ROAD, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On October 29, 2010, Cynthia Metzger ( "the applicant ") submitted an application for Minor Plan Review 10 -15 with the Department of Development Services. Specifically, the applicant proposes to replace an existing single -story mobile home with a new two -story manufactured home in the Seal Beach Shores Residential Community. The overall height will be less than 25 feet and the proposed structure will provide a total of approximately 1,234 square feet of living space. 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 10 -15 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, subsection (a), construction of single family residences, and § 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 December 1, 2010 to consider the application for Minor Plan Review 10 -15. (a) Section 4 . The record of the hearing on December 1, 2010 indicates the following: (a) On October 29, 2010, Cynthia Metzger ( "the applicant ") submitted an application for Minor Plan Review 10 -15 with the Department of Development Services to replace an existing single -story mobile home with a new two - story manufactured home in the Seal Beach Shores Residential Community. The overall height will be less than 25 feet and the proposed structure will provide a total of approximately 1,234 square feet of living space. 1 of 4 Planning Commission Resolution No. 10 -44 Minor Plan Review 10 -15 55 Riversea Road December 1, 2010 (b) The subject property is located on a perimeter lot on Riversea Road in the Seal Beach Seal Beach Shores Residential Community, surrounded by residential uses within the Park to the north and south, the San Gabriel River to the west, and First Street and other residential uses to the east. (c) The subject property is rectangular in shape, with a lot area of approximately 1,591 sq. ft. (34' -6" x 46-0 "). (d) The Seal Beach Shores Residential Community surrounding land uses and zoning are as follows: ❑ NORTH: Oakwood Apartments in the Residential High Density (RHD) Zone ❑ SOUTH: Single- family attached housing in the Residential High Density (RHD) Zone ❑ EAST: Undeveloped parcel of land, Single- family housing in the Residential Low Density (RLD) Zone ❑ WEST: San Gabriel River and City of Long Beach (e) In order to comply with the separation standard set forth in California Code of Regulations Title 25 of 6 feet between the living units, the manufactured home to be moved onto the site cannot exceed a size of 28' -0" by 46-0 ", in compliance with the provisions of California Code of Regulations, Title 25. 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: (a) Minor Plan Review 10 -15, as conditioned for approval, 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, mobile, manufactured home 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 55 Riversea Road is adequate in size, shape, topography and location to meet the needs of the proposed use of the property, as conditioned for approval. (c) Required adherence to applicable building and fire codes ensures that there will be adequate water supply and utilities for the proposed use. 2of4 Planning Commission Resolution No. 10 -44 Minor Plan Review 10 -15 55 Riversea Road December 1, 2010 (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, as conditioned for approval, is consistent with surrounding residential uses. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 10 -15, subject to the following conditions: 1. Minor Plan Review 10 -15 is approved for a new, 2 -story manufactured home located at 55 Riversea Road, Seal Beach, within the Seal Beach Shores Residential Community. 2. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 10 -15. 3. The proposed structure shall provide a minimum setback of six (6) feet of clearance on all sides from all trailers, structures, mobile homes, and manufactured homes located on adjoining spaces. 4. The maximum permitted building height shall not exceed two stories and 25 feet in overall height. 5. The area between 20 feet and 25 feet in overall height shall consist exclusively of roofing. 6. No decks or balconies shall be permitted above the floor level of the second story. 7. Building permits shall be obtained for the approved structures and utilities. 8. A life safety sprinkler system shall be installed throughout the structure in accordance with the requirements set forth by the National Fire Protection Association, Standard No. 13D. 9. The exterior of the manufactured home shall be constructed of stucco, or one (1) hour fire -rated material shall be installed under wood siding. 10. Approval shall be subject to compliance with all applicable portions of Title 25 of the California Code of Regulations and the California Building Code. 11. 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 3 of 4 Planning Commission Resolution No. 10 -44 Minor Plan Review 10 -15 55 Riversea Road December 1, 2010 the granting of or the exercise of the rights permitted by this Minor Plan Review, 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. 12. 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 1 st day of December 2010, by the following vote: AYES: Commissioners Deaton, Bello, Cummings, Galbreath, and Massa - Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Ellery Deaton Chairperson, Planning Commission Mark Persico, P Secretary, Planning Commission 4 of 4