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CC AG PKT 2003-07-14 #CC
July 14, 2003 7O STAFF REPORT To: Honorable Mayor and Members of the City Council Attention: John B. Bahorski, City Manager From: Lee Whittenberg, Director of Development Services Subject: PUBLIC HEARING -- APPEAL OF PLANNING COMMISSION APPROVAL OF MINOR PLAN REVIEW 03 -9, APPROVING CONSTRUCTION OF A TWO - STORY CABANA HOME AT 42 RIVERSEA, SEAL BEACH (SEAL BEACH TRAILER PARK) RECOMMENDATION: After receiving all public testimony and considering the decision of the Planning Commission, the City Council has the following options: 1) Sustain the decision of the Planning Commission, approving Minor Plan Review No. 03 -9 conceming the architecture of a two -story cabana home at 42 Riversea. 2) Direct staff to prepare a resolution finding that the architecture of the two -story cabana does not meet City standards. 3) Adopt the resolution approving Minor Plan Review No. 03 -9, but add additional conditions. _ Staff has prepared a resolution for City Council consideration that would deny the appeal and support the determination of the Planning Commission regarding this application for architectural review. Upon conclusion of the public hearing by the City Council, the City Council may take any of the three options listed above. AGENDA ITEM CC Z.\My Documents\Minor Plan Revlew\tvtPR 03 -9 42 Riversea.CC Appeal Staff Report.DOC\L.W\07 -09 -03 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 , City Council Staff Report July 14, 2003 BACKGROUND: On June 18, 2003, the Planning Commission considered the above referenced application for Minor Plan Review (MPR) 03 -9. After receiving all testimony at that meeting and extensive deliberations among the members of the Commission, it was the determination of the Planning Commission to approve the application on a 5 -0 vote. The Planning Commission then adopted Planning Commission Resolution No. 03 -22, setting forth its findings regarding the application and the conditions of approval. The resolution was also adopted on a 5 -0 vote of the Commission. An appeal of the determination of the Planning Commission was filed by Penny Peddicord in a timely manner, and the matter is now before the City Council for consideration at a public hearing. FACTS: • The Planning Commission held a duly noticed public meeting on June 18, 2003 to consider MPR 03 -9. Both written and oral evidence was submitted for and against the proposed project. At the public meeting persons spoke in favor of and in opposition to the request. After receiving all public testimony, the Planning Commission determined to approve the application for architectural review on a 5 -0 vote. The Planning Commission then adopted Planning Commission Resolution No. 03 -22, setting forth its findings regarding the architectural review and the conditions of approval. The resolution was also adopted on a 5 -0 vote of the Commission. • An appeal of the recommendation of the Planning Commission was filed by Penny Peddicord on June 26, 2003, and the matter is now before the City Council for consideration at a public hearing. STANDARD OF REVIEW FOR TWO - STORY_ CABANA APPLICATIONS: Under Cade Sections 28 -2319, all two -story cabana requests must be evaluated in light of the following: "Section 28- 2319.B. Planning Commission Approval. Prior to the issuance of a permit for the construction of two -story cabanas within a mobile home park or trailer park, said permit applications shall be subject to architectural review and approval by the Planning Commission as authorized by the Seal Beach Redevelopment Agency." (Emphasis added) MPR 03 -9 42 Riversea CC Appeal Staff Report 2 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03-22 City Council Staff Report July 14, 2003 The issue turns on the provisions of the Code, which clearly allow for an "architectural review" for the requested use of the property. The Planning Commission considered public testimony, received a written staff report, and deliberated the issue among themselves. It was the ultimate determination of the Planning Commission, as set forth in Planning Commission Resolution 03 -22, that: "(a) Minor Plan Review 03 -9 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 42 Riversea Road is adequate in size, shape, topography and location to meet the needs of the proposed use of the 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." These finding were based upon careful consideration of the following: • the testimony received at the public meeting of June 18, 2003; • the information provided in the Planning Commission Staff Report of June 18, 2003, including the recommended conditions of approval; and . • the concerns and deliberations of the Planning Commission expressed after the close of the public testimony on this application. Based upon the information presented and its specific findings of fact, the Planning Commission determined to approve the request for architectural review for the reasons set forth above. The issue will now tum on the Council's view of the evidence presented during the public hearing regarding impacts to the surrounding community of the architecture of the proposed two -story structure within the Seal Beach Trailer Park. DISCUSSION OF AREAS OF CONCERN OF APPEAL: MPR 03 -9 42 Riversea.CC Appeal Staff Report 3 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 Cu); Council Staff Report July 14, 2003 As previously indicated, the appellant is requesting the City Council to deny the requested architectural review for a proposed two -story manufactured home within the Seal Beach Trailer Park. The appeal form and supporting documentation from Penny Peddicord are provided as Attachment 2 for the information of the City Council. The Planning Commission devoted a substantial amount of time during their deliberations on this application in regards to the proposed two -story cabana structure. Please refer to the Planning Commission Minutes of June 18, 2003 (Attachment 3). Before addressing the appeal issues set forth by the appellant, many, if not all of the appellant's concerns will be addressed by the pending Zone Text Amendment that staff has been directed by the Redevelopment Agency to prepare regarding revisions to Section 28 -2319 to revise the provisions regarding the current 20 -foot separation standard for two -story cabanas within certain areas of the Seal Beach Trailer Park. Provided below are excerpts of the Agency Staff Report of April 28 that discussed this issue: "Spaces 42, 43, 69 through 91, 95 through 113 within the Trailer Park would not be able to accommodate the smallest, readily available mobile home /modular home (399 square feet), as currently manufactured by the major providers of such housing. This is a total of 43 trailer spaces. The spaces vary in size to such an extent that it is not possible to provide a custom design for each of approximately 30 different trailer space sizes encompassed in the 43 spaces under discussion. In looking at the trailer space sizes of these small spaces, it spears that there are perhaps 3 to 4 similar size groupings that could be considered for the design of a standard plan. These standard plans would not allow the full utilization of all of the space area, due to slight differences in -the size of similar -sized spaces, but would accommodate a reasonable sized unit. Staff would foresee the majority of these units being 2 -story units. Please refer to the discussion below under Two - Story Cabana Separation Standard for further discussion on this concern_" "Two -Story Cabana Separation Standard: The Zoning Ordinance of the City currently requires a 20 -foot separation between "Two -Story Cabanas" pursuant to Section 28 -2319 of the Code. These standards could be interpreted to prohibit the location of two -story units that are manufactured homes unless there is compliance with the 20 -foot separation standard in the Code. This is the current interpretation of the Code that staff enforces. Title 25 defines a "cabana" as "A portable, demountable, or permanent room enclosure or other building erected or constructed for human occupancy." In MPR 03 -9.42 Rrversea.CC Appeal Staff Report 4 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 City Council Staff Report July 14, 2003 reviewing this issue, it is uncertain as to why there is still this restriction in the Code. New 2 -story homes are constructed within Surfside and Old Town that provide a 3 -foot setback from side property lines, as is required within the Trailer Park, in compliance with standard Building and Fire code requirements. This provision currently restrains the ability of residents of the Trailer Park to add additional second -story living area. This restriction is particularly restrictive when applied to the trailer spaces being discussed above, due to small size of those trailer space rent area, in some cases as small as 23.5'x 23' -0 ". Staff understands that these provisions do provide for building separations and reduce the overall intensity of development within the Trailer Park However, within the block encompassed by Riversea Road and Welcome Lane, it may be advantageous to review this requirement. The current requirements have the effect of eliminating certain spaces within the Trailer Park of having a second - story living area, if a trailer within 20 -feet already has obtained approval from the City and constructed such a cabana. A reduced scale plan of the trailer spaces bounded by Riversea Road and Welcome Lane is provided as Attachment 2 for the information of the Agency members. Relief from this requirement in this area of the Trailer Park could allow for an increased living area on these very small trailer space rental areas. The Agency may wish to provide direction to Staff regarding further investigation of this issue." Staff is in the process of preparing a Zone Text Amendment for public hearings before the Planning Commission and City Council that would eliminate the 20 -foot separation requirements of Section 28 -2319 for Spaces 42, 43, 69 through 91, 95 through 113 within the Trailer Park. It should be noted for the record that the property at 42 Riversea is identified as .Space 42 and the appellant's space is identified as space 43, both of which are to be included in xhe proposed Zone Text Amendment regarding the relaxation of the 2 -story cabana construction standards now set forth within Section 28 -2319 of the Code STAFF RESPONSES TO APPEAL POINTS OF APPELLANT: For the purposes of this report, the following issue of concern as set forth in the appeal dated June 26, 2003 (Refer to Attachment 2) will be discussed: 1. The appellant states "Denial of my due process and equal protection rights under the Constitution of the Federal and State Government " MPR 03 -9 42 Riversea.CC Appeal Staff Report 5 Appeal of Approval of Minor Plan Review 03 -9 Planning Commisszon Resolution 03 -22 City Counczl Staff Report July 14, 2003 Staff Comment: Applicant has not articulated how she feels her constitutional rights were allegedly violated. The appellant was provided the required notice of the Planning Commission consideration of the matter, appeared at the Planning Commission meeting when the subject application was considered, submitted written evidence for the record and spoke at the time of public comments on the subject application. Without further explanation of the theory behind a denial of due process and equal protection rights, Staff will not respond to this unarticulated argument. 2. The appellant states "Spot zoning — Non - Mobilehome Status, no substantial set of rules • relating to who gets a two -story and who doesn't. 6/4/03 Planning Commission Minutes — Mr. Whittenberg "The State has given the City special discretion to consider 2 -story cabana structures and to develop its own standard for under what process, standards and criteria a second story can be developed on a unit in the Trailer Park ". a. When did the City do this? b. What is the process? c. What are the standards? d. Under what criteria? e. is it in writing? f. When was it approved? g. Was there a public hearing? h. On what date did the City approve the Standard? i. Were the residents informed, if so when? j. Was the public informed, if so when ?" Staff Comment: The City has adopted very specific standards, as set forth within Section 28 -2319 of the Cade. Provided below is a brief response to the questions asked above: a. When did the City do this? — Ordinance No. 1137, adopted on March 14, 1983 added Section 28 -1319 to the Code. b. What is the process? — As indicated in the Planning Commission Staff Report, the process is the "Minor Plan Review" process, as was properly noticed and scheduled before the Planning Commission on June 18, 2003. c. What are the standards? — Please refer to the Planning Commission Staff Report, dated June 14, 2003, pages 2 and 3 for an overview of the standards and criteria. Also refer to Attachment 1 of the June 4 Planning Commission Staff_Report for the complete language of Section 28 -2319. d. Under what criteria? — Please refer to the Planning Commission Staff Report, dated June 14', 2003, pages 2 and 3 for an overview of the standards and criteria. MPR 03 -9.42 Riversea.CC Appeal Staff Report 6 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 City Council Staff Report July 14, 2003 Also refer to Attachment 1 of the June 4 Planning Commission Staff Report for the complete language of Section 28 -2319 e. Is it in writing? — Ordinance No. 1137, adopted on March 14, 1983 added Section 28 -1319 to the Code. The Code is in writing and the complete language of Section 28 -2319 is provided as Attachment 1 of the June 4 Planning Commission Staff Report. f. When was it approved? — Ordinance No. 1137, adopted on March 14, 1983 added Section 28 -1319 to the Code g. Was there a public hearing? — Zone Text Amendment 7 -82 proposed the amendments to the Code now included in Section 28 -2319. The Planning Commission considered proposals regarding height limitations within the Seal Beach Trailer Park on October 6 and October 20, 1982. Public hearings were held on this Zone Text Amendment before the Planning Commission on November 3 and November 17, 1982, with the Planning Commission adopting Resolution No. 1273 recommending approval of ZTA 7 -82 on a 4 -1 vote of the Commission. The City Council conducted a public hearing on December 13, 1982; received additional public comments on January 10, 1983 and introduced Ordinance No. 1137; further discussed Ordinance No. 1137 on February 14, 1983 and re- introduced the ordinance; and adopted Ordinance No. 1137 on March 14, 1983 on a 3 -1 -1 vote of the City Council. h. On what date did the City approve the Standard? — Ordinance No. 1137 was adopted on March 14, 1983, and in accordance with the provisions of State law, became effective 30 days thereafter. i. Were the residents informed, if so when? — According to the records of the City, the issue of 2 -story cabanas was initiated by a petition received by the City signed by over 200 residents of the Trailer Park. The records of the City do not indicate if individual residents of the Trailer Park were noticed regarding the Planning Commission and City Council public hearings. At the time of consideration of this _ matter, the City did not require that notices be provided to occupants, only to property owners. j. Was the public informed, if so when ?" — Notices of the public hearings would have been published in the local newspaper. Due to the age of those actions, the public hearing notices are no longer in the file. 3. The appellant states "Safety issues fire, earthquake, drain pipe, block wall between Park and pump station." Staff Comment: These issues are resolved during the formal building plan check process. At that time all structural, including seismic standards; fire; electrical; plumbing and mechanical requirements of the various construction codes. adopted by the City are met, MPR 03 -9 42 Riversea.CC Appeal Staff Report 7 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 • City Council Staff Report July 14, 2003 prior to the issuance of a building permit. These are issues not dealt with at the Planning Commission level of approval for a Minor Plan Review. 4. The appellant states "Property owners affidavit "Improvements to mobilehome only"." Staff Comment: This is a correct statement. Staff is uncertain as to what the issue is with this statement. 5. The appellant states "Discrimination in accordance with financial ability — first to build cancels neighbors # 42 should be stopped or at least not approved until the "who is allowed a 2 story issue" is resolved and fair." Staff Comment: The current provisions of Section 28 -2319 have had the affect of restricting development on adjoining trailer spaces if a certain space constructs a 2 -story cabana since adoption of Ordinance No. 1137 in March, 1983. This is due to the provision that has been in effect since March 1983 that states "No two -story cabana shall be located closer than twenty feet from another two -story cabana" (Section 28- 2319.E.3). The City Council has the discretion to continue this matter or hold a decision in abeyance until such time as it determines to be appropriate. There may be permit streamlining issues for the City Council to consider. The City Attorney could address that issue. 6. The appellant also provides several other comments regarding allegations of conflict because the adjoining project applicant is on the SBAHC Board and is a paid contractor for the City. These comments have no bearing on the land use approval considered and approved by the Planning Commission and Staff will not respond to these issues. CITY COUNCIL OPTIONS re: APPEAL: After receiving all public testimony and considering the decision of the Planning Commission, the City Council has the following options: 1) Sustain the decision of the Planning Commission, approving Minor Plan Review No. 03 -9 concerning the architecture of a two -story cabana home at 42 Riversea. 2) Direct staff to prepare a, resolution finding that the architecture of the two -story cabana does not meet City standards. 3) Adopt the resolution approving Minor Plan Review No. 03 -9, but add additional conditions. MPR 03 -9.42 R versea CC Appeal Staff Report 8 • Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 City Council Staff Report July 14, 2003 Staff has prepared a resolution for City Council consideration that would deny the appeal and support the determination of the Planning Commission regarding this application for architectural review. Upon conclusion of the public hearing by the City Council, the City Council may take any of the three options listed above. NOTED AND ; 4 // Whittenberg, Director Jo $ahorski Development Services Department Ci anager Attachments: (5) Attachment 1: A Resolution of the City Council of the City of Seal Beach Approving Minor Plan Review 03 -9, a Request for an Architectural Review in Conjunction with the Proposed Construction of a Two -Story Cabana Home at 42 Riversea Road, Seal Beach Attachment 2: Appeal by Penny Peddicord, filed on June 26, 2003 Attachment 3: Planning Commission Resolution No. 03 -22, adopted June 18, 2003. Attachment 4: Planning Commission Minutes of June 18, 2003, - including written materials received by Planning Commission from Penny Peddicord Attachment 5: Planning Commission Staff Report of June 4, 2003, with Attachments 1 through 4 * * * * MPR 03 -9.42 Riversea CC Appeal Staff Report 9 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 City Council Staff Report July 14, 2003 . ATTACHMENT 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 03 -9, A REQUEST FOR AN ARCHITECTURAL REVIEW IN CONJUNCTION WITH ' THE PROPOSED CONSTRUCTION OF A TWO -STORY CABANA HOME AT 42 RIVERSEA ROAD, SEAL BEACH MPR 03 -9.42 Riversea CC Appeal Staff Report 10 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 City Council Staff Report July 14, 2003 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 03 -9, A REQUEST FOR AN ARCHITECTURAL REVIEW IN CONJUNCTION WITH THE PROPOSED CONSTRUCTION OF A TWO - STORY CABANA HOME AT 42 RIVERSEA ROAD, SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: pc( Section 1. On May 6; 2003, Frank Boychuck ( "The Applicant ") filed an application for Minor Plan Review 03 -9 with the Department of Development Services. Through MPR 03 -9, the applicant seeks architectural review approval for a 2 story cabana to be constructed at 42 Riversea Road, Seal Beach. 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 03 -9 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 consent calendar hearing was held before the Planning Commission on June 18, 2003, to consider the application for Minor Plan Review 03 -9. The matter was requested to be removed from the Consent Calendar and the planning Commission received comments and written documentation in favor of and in opposition to the proposal. Section 4. The Planning Commission approved Minor Plan Review 03 -9, subject to 7 conditions, through the adoption of Planning Commission Resolution No. 03 -22 on June 18, 2003. MPR 03 -9 42 Riversea.CC Appeal Staff Report 11 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 City Council Staff Report July 14, 2003 ' Section 5. An appeal of the Planning Commission's approval of Minor Plan - Review 03 -9 was timely filed. On' July 14, 2003 the City Council held a duly noticed public hearing to consider the appeal. The Council considered all oral and written testimony and evidence presented at the time of the de novo public hearing, including the staff reports. Section 6. The record of the de novo hearing indicates the following: (a) On May 6, 2003, Frank Boychuck filed an application with the Department of Development Services for Minor Plan Review 03 -9. (b) The applicant is requesting architectural review of a proposed 2 story cabana to be located within the Seal Beach Trailer Park at 42 Riversea Road. (c) The subject 15ropertx is located within the Seal Beach Trailer Park and is surrounded on three sides by resid ti'a �usesthig the Park and to est by the San Gabriel River. ' -y -.It 'F IS116 (d) An appeal of the Planning Commission determination was timely filed in accordance with Article 29.4 of the Code of the City of Seal Reach. At the hearing, residents and property owners in the neighborhood supported and opposed the project as submitted. Section 7. Based upon the facts contained in the record, including those stated in § 6 of this resolution, and pursuant to §§ 28 -1158 of the City's Code, the City Council hereby finds as follows: (a) Minor Plan Review 03 -9 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 42 Riversea Road is adequate in size, shape, topography and location to meet the needs of the proposed use of the 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 MPR 03 -9 42 Riversea.CC Appeal Staff Report 12 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 City Council Staff Report July 14, 2003 with surrounding residential uses. Section R. Based upon the foregoing, the City Council hereby approves Minor Plan Review 03 -9, subject to the following conditions: 1. Minor Plan Review 03 -9 is approved for a two -story cabana located at 42 Riversea Road, Seal Beach. 2. A life safety sprinkler system shall be installed throughout the trailer and cabana in - accordance with the requirements set forth by the N tional Fire Protection Association, Section No. 13D. DIR AF 3. The exterior of the cabana 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 03 -9. 7. . 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. 8. 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 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 MPR 03 -9 42 Riversea.CC Appeal Staff Report 13 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 City Council Staff Report July 14, 2003 " or attorneys' fees in any such lawsuit or action. ,Section 9. The time within which judicial review, if available, of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure and Section 1 -13 of the • • - • • - ' • • - • c - • • unless a shorter time is provided by _ applicable law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach . at a meeting thereof held on the - day of , 2003 by the following vote: " • i AYES: Councilmembers NOES: Councilmembers g•IC ABSENT: Councilmembers clili - ABSTAIN: Councilmembers Mayor, City of Seal Beach ATTEST: Joanne M. Yeo, City Clerk STATE OF CALIFORNIA ) • COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) MPR 03 -9.42 Riversea.CC Appeal staff Report 14 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 City Council Staff Report July 14, 2003 I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is an original copy of Resolution Number on file in the Office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003. Ptii Joanne M. Yeo, City Clerk City of Seal Beach • • MPR 03 -9.42 Riversea.CC Appeal Staff Report 15 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 City Council Staff Report July 14, 2003 ATTACHMENT 2 APPEAL BY PENNY PEDDICORD, FILED ON JUNE 26, 2003 _ MPR 03 -9.42 Riversea.CC Appeal Staff Report 16 APPEAL APPLICATION / TO CITY COUNCIL � For Office Use Only . Planning Commission Date: L /\ ( O'S Planning Commission Resolution No.: c -�� Planning Commission Action: CA Denial Other Date Appeal Filed: U( 1 City Council Date: Notice Date: City Council Action: Resolution No.: 1. Property Address: Vii Pty— Q 2. Applicant's Name: FC ►`1 (NI y PE a ► C o r3 Address: '-L ' s m S.F4/ /3-Prick Home Phone: (a, 2,1 L(t 3 -Il Work Phone: ( ) FAX: ( ) 3. Property Owner's Name: / N C j s s i u � 7 � Address: \\ ‘A _ Loot e.,260, CA `Z Okc2._ Home Phone:t6) 4. The undersigned hereby appeals the following described action of the Seal Beach Planning Commission concerning Plan Review No. 0...3--‘-7 Attach a statement that explains in detail why the decision of the Planning Commission is being appealed, the specific conditions of approval being appealed, and include your statements indicating where the Planning Commission may be in error. (Signature of Applicant) (Signature of Owner) 1 g A M j/ Pe DD c o TO (Print Name) (Print Name) (Date) (Date) Page 27 Rev. 2/00 .,k I, Ai 6 City of Seal Beach F.; : -. ./:_ c`�'� Department of Development Services =a �i 1t) 211 Eighth Street, Seal Beach, CA 90740 y, � g o Telephone: (562) 431 -2527 ,c v �N - RECEIPT Received From: 2 tr e \ �d c d r ' Date: C�(�l0 l 0 Address: 1- \7 4 , R QC Q. c, R S e.-•. -CC-'\ ' Box h - Item - . [' - . Deposit ' , Appeal to City Council / Non - Public Hearing Matter 1 $ 100 p 4 9 Appeal to City Council / Public Hearing Matter $-rS8" (50 Concept Approval (Coastal) $ 100 Conditional use Permit (CUP) $ 750 Environmental Impact Report $ 10,000 General Plan Amendment $ 2,000 Height Variation $ 750 Major Environmental Assessment (Initial Study $ 250 Maps ($2 50 per sheet) $ -- ~- Microfilming pages @ $.15 per page $ Minor Environmental Assessment (Determination) $ 10 f Minor Plan Review $ 150 Negative Declaration $ 1,500 Planned Sign Program $ 750 _ Planned Unit Development (PUD) $ 2,000 Planning Commission Interpretation $ 200 Pre - Application Conference - $ 100 Property Profile $ 75 Sign Application $ 50 Site Plan Review $ 750 Special Event Permit - $ 100 Specific Plan $ 10,000 Temporary Banner - $ 5 Unclassified Use Permit (UUP) 1 5 750 Variance $ 750 Xeroxing 8 1/2 x 11" $ 75 per page Larger $1 50 per page $ Zone Change I - $ 2,000 Account # C.O — OX Z O Amount to Be Paid $ \S� 001 -30855 Microfilming 001 -30820 Planning Fees 001 -30825 Building Plan Check 001 -3094.5 Sale of Printed Material Paid (Finance Department Stamp). - , 3 -''1 o .. , '---............._ ' '"• 1 - - I :: A i : P il 25 6.,ezte-ti 6 gae/-e-/Z • dz1 . 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L1L6-6): S 6�, e 5 a) 1 ?3 -/75 2 j -0-/YYL 4- _-€4,-/-ix ,6 i /IneithAzeie _!,,t.e...692, , p-c,I.es2--"c_1. I 1 1 I 1 1 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 City Council Staff Report - July 14, 2003 ATTACHMENT 3 PLANNING COMMISSION RESOLUTION NO. 03-22, ADOPTED JUNE 18, 2003 MPR 03 -9.42 Riversea.CC Appeal Staff Report 17 • RESOLUTION NUMBER 03 -22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 03 -9, APPROVING AN ARCHITECTURAL REVIEW IN CONJUNCTION WITH THE PROPOSED CONSTRUCTION OF . A TWO -STORY CABANA HOME AT 42 RIVERSEA ROAD, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On May 6, 2003, Frank Boychuck ( "The Applicant ") filed an application for Minor Plan Review 03 -9 with the Department of Development Services. Through MPR 03 -9, the applicant seeks architectural review approval for a 2 story cabana to be constructed at 42 Riversea Road, Seal Beach. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and § 113 of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 03 -9 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 June 18, 2003 to consider the application for Minor Plan Review 03 -9. Section 4. The record of the hearing on June 18, 2003 indicates the following: (a) On May 6, 2003, Frank Boychuck filed an application with the Department of Development Services for Minor Plan Review 03 -9. (b) The applicant is requesting architectural review of a proposed 2 story cabana to be located within the Seal Beach Trailer Park at 42 Riversea Road. (c) The subject property is located 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 03 -9. Planning Commission Resolution 03 -22 Minor Plan Review03 -9 — 42 Riversea Road June 18, 2003 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 03 -9 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 42 Riversea Road is adequate in size, shape, topography and location to meet the needs of the proposed use of the 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 03 -9, subject to the following conditions: 1. Minor Plan Review 03 -9 is approved for a two -story cabana located at 42 Riversea Road, Seal Beach. 2. 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. _ 3. 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. 4. The exterior of the cabana shall be constructed of stucco, or one (1) hour fire -rated material shall be installed under wood siding. 5. Approval shall be subject to compliance with all applicable portions of Title 25 of the California Administrative Code and the Uniform Building Code. 6. 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. 9 Planning Commission Resolution 03 -22 Minor Plan Revzew03 -9 — 42 Riversea Road June 18, 2003 7. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 03 -9. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18th day of June 2003 by the following vote: AYES: Commissioners Hood, Deaton, Ladner, Shanks, and Sharp NOES: Commissioners None ABSENT: Commissioners None David Hood, PhD., Chairman , / � /, � /7 Planning Commission e Whit enberg, Secretary Planning Commission 3 Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 City Council Staff Report July 14, 2003 ATTACHMENT 4 PLANNING COMMISSION MINUTES OF JUNE 18, 2003, INCLUDING WRITTEN MATERIALS RECEIVED BY PLANNING COMIVIISSION FROM PENNY PEDDICORD MPR 03 -9 42 Riversea CC Appeal Staff Report 18 City of Seal Beach Planning Commission • Meeting Minutes of June 18, 2003 1 Mr. Abbe advised that the 'adoption of Resolution No. 03 -23 begins a 10 -day calendar 2 appeal period to the City Council. The Commissioner action tonight is final and the 3 appeal period begins tomorrow morning. 4 5 2. Minor Plan Review 03 -9 6 42 Riversea Road 7 8 Applicant/Owner: Frank Boychuck/LINC Housing LLC 9 Request: Architectural Review of a new 2 -story cabana. The 10 projected structure will provide a total of 1,081 square feet of 11 living area. 12 13 Recommendation: Approval subject to conditions and adoption of Resolution 14 03 -22. (Continued from June 4, 2003.) 15 16. Staff Report 17 18 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the 19 Planning Department.) He provided some background information on this item and 20 noted that this item was continued due to an insufficient notice period. He said that the 21 item was re- noticed. He said that the structure as proposed complies with all of the Title 22 25 setback requirements and with the City distance separation standards. He noted for 23 the record that the letter received is from Penni Peddicord, whose residence is on the 24 adjoining property. He indicated that most of the concerns presented in Ms. 25 Peddicord's letter deal with issues that are not related to PC consideration or approval. 26 He noted that some of the issues deal with process issues with the City's housing 27 consultant, which is a separate issue, and a number of questions are also raised with 28 . regard to the level of detail of the plans presented. He stated that the level of detail of 29 plans that the PC reviews are basic site plans, floor plans, and elevations, and are not 30 construction level drawings of a project. He indicated that the plans provided in the 31 agenda packet are generally in conformance with what is usually presented for other 32 construction projects or 2 -story cabanas within the City. He said that Staff recommends 33 approval of the application as submitted, subject to �pnditions. 34 35 Commissioner Questions ®� • 36 37 Commissioner Deaton asked if an applicant is required to hire a licensed architect? Mr. 38 Whittenberg said that this is not necessarily true. He noted that there are certain types 39 of engineers that are licensed to do construction drawings, so an applicant could hire 40 I either a licensed architect or an engineer. Commissioner Deaton then asked about the 41 I comment that the bathroom does not meet Building Code requirements. Mr. 42 Whittenberg stated that this is an issue that is reviewed through the Plan Check 43 ! Process. He explained that what the PC is reviewing is the location of the project on the 44 property, setbacks, and architectural design. He said that compliance of the interior of 45 the project to Code is a Building Plan Check function. 46 `"" 3 City of Seal Beach Planning Commission Meeting Minutes of June 18, 2003 . 1 Commissioner Shanks asked if the existing trailer is to be removed. Mr. Whittenberg 2 stated that the applicant has the option of keeping the floor of the existing trailer and 3 remodeling from the floor up, or now under State law you can physically remove the 4 entire unit and replace it with a manufactured home. 5! 6 Public Hearing fl rk 8 I 7' D ''I Chairperson Hood opened the public hearing. 9 10 Mr. Frank Boychuck said he has been a resident of the Seal Beach Trailer Park (SBTP) 11 since approximately 1980 and the size of his current home is approximately 8 ft. x 25 ft., 12 which leaves him approximately 200 sq. feet of living space. He said he is excited 13 about being able to build a more suitable and larger residence. He stated that the 14 ', SBTP has approximately thirty 2 -story cabanas that have been built primarily • 15 constructed from the travel trailer on up. He thanked the City of Seal Beach and noted 16 that the PC decisions up to this date - have approved most of the 2 -story cabanas. He 17 said his intent is to comply with all requirements for completion of this project. 18 19 ; Ms. Penni Peddicord stated that she lives next door to the applicant. She said the week 20 of May 5, 2003, Civicstone told her that she would have to get her own licensed 21 architect to prepare her plans for a second story addition, and her plans would have to 22 be approved by the City prior to issuance of any permits. She indicated that Mr. 23 Boychuck is has also applied through the Civicstone program and should be required to 24 follow the same guidelines. She stated that the Mr. Boychuck's plans had many errors 25 and missing information and he should not be app "roved for any permits until these 26 errors are corrected. She said the Director of Development Services told her that he 27 has had these plans for several years, so they should have no errors on them. She said 28 that she feels she is being discriminated against, as Mr. Boychuck is not required to 29 fulfill the same requirements. .Ms. Peddicord proceeded to review the concerns as 30 outlined in her letter to the PC accompanied by photographs she had provided to the 31 Commissioners. She indicated that the applicant plans to construct a wooden deck 32 within the 3 -foot setback area from the retaining wall and she is concerned about this 33 becoming a fire hazard or the affects of a major earthquake. She stated that the corner 34 of the retaining wall near Mr. Boychuck's home is falling down and must be repaired by 35 the City before any construction on this property takes place. Ms. Peddicord then noted 36 that a 17 -inch drainpipe that runs from the SBTP into the pump station is located within 37 • ' Mr. Boychuck's 3 -foot setback from the lot line, leaving approximately 18 inches for the 38 house. She questioned what impact the weight of the house would have upon the ' 39 . drainpipe. She noted that when the drainpipe is not working there is flooding on that 40 ' section of town. She said that the plans show the foundation sitting on top of the street - 41 ! level retaining wall and they also show a 3 -foot setback that is on the street and not on 42 the property. Ms. Peddicord then stated that there is not sufficient space to 43 accommodate the utility meter. She said she would like to see Mr. Boychuck get his 44 new home, but there are many problems that must be resolved. She reiterated that 45 same strict regulations should apply to both her project and his, otherwise there is gross 46 discrimination occurring. 4 City of Seal Beach Planning Commission Meeting Minutes of June 18, 2003 • 1 Ms. Pat McCormick said she has lived in the SBTP since 1984. She said she loves 2 living in the park and conveyed her thanks to Staff and the PC for making it possible for 3 residents to remain in the trailer park. She expressed her support of Mr. Boychuck's 4 application. She said it is wonderful to see all of the building going on in the park it 5 makes the trailer park better for everyone. 6 7 Mr. Bob Latta stated it was nice of Ms. Peddicord to worry about Mr. Whittenberg's job. 8 He said that the position of Director of Development Services should be eliminated from 9 the City payroll. He said she has very little faith in Mr. Whittenberg. 10 11 Ms. Linda Copeland spoke in support of Ms. Peddicord's statements about safety 12 regulations regarding Mr. Boychuck's project. She said she is concerned about the how 13 the drainpipe sits under the applicant's property and the flooding that can occur. She 14 said that residents have been told that the pump station is to be replaced and the 15 drainpipe worked on. She said she does not see how permits can be issued to Mr. 16 Boychuck until the issues with the drainpipe and the pump station are resolved. 17 18 Ms. Renee Ruchon of 41 Riversea Road said she has lived in the SBTP for 33 years - 19 and currently lives next door to Mr. Boychuck. She said she feels very positive about 20 the improvements taking place in the park and she is hopeful that Ms. Peddicord will be 21 able to build on her lot. She said she also applied through Civicstone and was not told 22 of the requirements that Ms. Peddicord reported. She recommended approval. 23 24 Ms. Rita Brenner said she agreed with Ms. Peddicord and Ms. Copeland regarding the 25 safety issue. She stated that there is already a lot of damage to the park as far as 26 electrical and water, and she was hoping that the issue of the drainpipe could be 27 corrected prior to building. She said she is happy about the improvements to the park. 28 She noted that she is concerned about equality and feels there has been a discrepancy 29 as far as permission and loans and information are concerned. She stated that this 30 issue should go back before the Redevelopgency and City Council (CC) for 31 further review. Dik 32 33 Ms. Joyce Parque stated that these projects should not be approved without a deed 34 restriction. She noted that 62% of Redevelopment Agency funds should go to families 35 with children. She said that only the families living within the SBTP were notified of the 36 availability of funds, and all residents of the City should have received this notice. 37 38 Mr. Glenn Clarke spoke in support of Minor Plan Review 03 -9. He said he sees nothing 39 wrong with the plans, and the Director of Development Services has done an excellent 40 job in reviewing the plans. He said that Redevelopment Agency funding should not be a 41 factor in the deliberations at all. He said Mr. Boychuck is not asking for anything 42 different than what has already been built in the trailer park by other residents. He 43 recommended approval. 44 45 Mr. Paul Jeffers said Mr. Boychuck's plans are fine and he would like to see him build 46 his project. He noted that Mr. Boychuck sat on the Board of the Seal Beach Resident 5 • City of Seal Beach Planning Commission Meeting Minutes of June 18, 2003 1 Owner's Association (SBROA) and is on the board of LINC Housing, and this is why 2 people are speaking out about this project.- He commented that although Mr. Boychuck 3 is on the board for LINC Housing he has not reported back to the present SBROA for 2 4 years regarding these loans, and the board would like to hear from him on this. He said 5 that this is why these residents would like to see this application go back before the 6 Redevelopment Agency and CC to see if there is any partiality in the way the loans are 7- distributed and how projects are approved so that all the infighting can stop. He 8 indicated that apparently Mr. Boychuck was married to Ms. Renee Ruchon, and there is 9 some question as to whether they are still married as residents can only own one 10 property within the trailer park. He reported that in 2001 when Mr. Boychuck sat on the 11 board, another resident had wanted to build and was told that he had to get the 12 approval of SBROA, and have Mr. Boychuck sign his approval and it was also 13 necessary to have the project approved by LINC Housing. Mr. Jeffers stated that Mr. - 14 Boychuck has not come to the SBROA to have his project approved. He said that the 15 process must be fair for all residents of the park. - 16 17 Ms. Penni Peddicord referred to the document mentioned by Mr. Jeffers and stated that 18 Mr. Hunter Johnson of LINC Housing did not approve for a cabana, but approved for 19 improvements to mobile home only on the Owner'savit. She noted that Mr. 20 'Whittenberg had failed to mention this. D 21 22 Mr. Charles Gillard, a resident of Leisure World, stated that he is a licensed contractor 23 and is retired as a builder /developer. He said, that he is not an architect, but for 29 24 years he designed all of the units that he constructed. He said that State law requires 25 - that if a builder designs his own plans, he must have a structural engineer sign off on 26 the plans. He said that many homeowners are under a lot of misconceptions regarding 27 what is required, even when they are given the appropriate information. 28 29 Ms. Patricia Clark said she endorses the project. She stated that Mr. Boychuck was on • 30 the original SBROA and worked very hard to get Richard Hall out of the trailer park. 31 She said she would always be grateful for this. She commented that it appears that 32 many of the trailer park residents have forgotten what the situation was in 1999 when 33 Mr. Hall owned the park. She said had it not been for the original board, the City, 34 Redevelopment Agency, the State, and bond investors, the residents would not be 35 standing here tonight. She noted that because of the board's hard work and 36 perseverance she is able to stand before the PC tonight and ask that a long time trailer 37 park resident be allowed to build a 2 -story cabana. She said that this has been allowed 38 for the homes along -the greenbelt, which are the smaller spaces in the park. She noted 39 that there probably isn't a mobile home built that would fit on the L- shaped lot where Mr. 40 Boychuck lives. She said approving this application would not only improve the 41 applicant's quality of life, but would also improve the overall aesthetics in the park. She 42 recommended approval of MPR 03 -9. 43 44 Mr. Mike Berry commented, "What a difference two weeks makes." He said that two 45 weeks ago everyone spoke in favor of a similar project. He stated that the Civicstone 46 program is made available through the City of Seal Beach and not through LINC 6 City of Seal Beach Planning Commission Meeting Minutes of June 18, 2003 1 Housing. He spoke in favor of MPR 03 -9 and stated that Mr. Boychuck had put a lot of 2 hard work into the S BTP acquisition and 200 square feet is a very small space for living. 3 4 Mr. Frank Boychuck provided a brief visual presentation to the Commission in which he 5 displayed slides of several of the 2 -story cabanas that have been constructed in the 6 trailer park. He said that 90% of these projects began with small travel trailers similar to 7 the one in which he resides and were totally demolished with part of it then buried 8 underground to accommodate the cabanas. He noted that the cabanas have been 9 allowed in the park for the last 20 years. He stated that Civicstone simply administers 10 the City's redevelopment funds and they have not told any of the residents what they 11 need to do. He then reported that although the retaining wall does have a few cracks in 12 it, but the City is to repair them. He stated that Terry Atkinson who drew the concept 13 plans for this project has been a licensed architect for 25 years. He noted that the 14 SBTP Resident Owners Board was a grass roots effort to free the park from Rich Hall 15 and was instrumental in providing some stability for the trailer park for the next 30 -55 16 years. He noted that although the issue equality was addressed, he asked why he was 17 singled out tonight when another similar project was passed without being removed 18 from the agenda for discussion. He clarified that he has no intention of beginning to 19 build within 4 days, as was mentioned earlier. He said that his plans had been 20 submitted years before he participated on any board related to the SBTP. He 21 commented that he could not comprehend how people could make statements without 22 checking the facts first. He emphasized that it was never a requirement for residents 23 wanting to build to have to bring their project before the Board for approval. He 24 extended his appreciation to the Director of Development Services and his staff for their 25 assistance in processing his application. 26 27 There being no one else wishing to speak, Chairperson Hood closed the public hearing. 28 i 29 Commissioner Comments , R. Af 30 • 31 Commissioner Shanks stated that he received two telephone calls in favor of approving 32 this project. He, said that financing is not within the purview of the PC, and if anyone 33 has any complaints they should present them to the Redevelopment Agency. He noted 34 the PC already approved one of these projects tonight, and approved ariother at the last 35 PC meeting. He said that after looking at all of the information, he sees no reason to 36 - not approve MPR 03 -9. He indicated that he was chairman of the relocation committee 37 when the trailer park was relocated from the old site in 1979. 38 39 . Commissioner Sharp commented that whether someone received approval on a project 40 or not is not a matter of popularity. He noted that in the 16 -17 years he has served on 41 the PC, he cannot remember stalling or turning down an application for a 2 -story 42 cabana in the trailer park and he sees no reason why this one should not be granted. 43 44 Commissioner Deaton asked the Director of Development Services if there has ever 45 been any discrepancy between one neighbor over another in the way that the permit 46 process has been conducted. Mr. Whittenberg reported that there has not been any 7 City of Seal Beach Planning Commission Meeting Minutes of June 18, 2003 1 discrepancy. He said that Staff has discussed with Ms. Peddicord what she understood 2 she was told to do by Civicstone, and he believes there is just a disagreement there. 3 He said that the Staffs position is that when an application is filed that must come 4 before the PC, the applicant should talk with Planning Department Staff and not with 5 Civicstone, as they process only the loan application and have nothing to do with plan 6 approvals. Commissioner Deaton asked if one neighbor building up would keep 7 another neighbor from doing so. Mr. Whittenberg stated that under the current 8 standards, it does have this impact because of the current separation distance 9 requirement of 20 feet between 2 -story cabanas. He said that the Redevelopment 10 Agency and CC have instructed Staff to look at modifying these standards for the 11 mobile homes that are located within the greenbelt area, and specifically for Mr. 12 Boychuck's and Ms. Peddicord's spaces, to eliminate the 20 -foot separation and allow a 13 3 -foot setback from the lot line, which is generally what is seen in Old Town from the 14 property line to a structure. He stated that Staff is commencing to prepare the reports 15 that will eventually come before the PC and CC to amend that particular provision of the 16 Zoning Ordinance. 17 18 MOTION by Shanks; SECOND by Sharp to approve the Minor Plan Review 03 -9, 19 subject to conditions, and adopt Resolution No. 03 -22. 20 21 MOTION CARRIED: 5 — 0 22 AYES: Hood, Deaton, Ladner, Shanks, and Sharp 23 NOES: None ORAFI 24 ABSENT: None 25 26 Mr. Abbe advised that the adoption of Resolution No. 03 -22 begins a 10 -day calendar 27 appeal period to the City Council. The Commissioner action tonight is final and the 28 appeal period begins tomorrow morning. _ 29 30 Chairperson Hood called for a short recess. The Commission recessed at 8:30 p.m. 31 - 32 The Commission reconvened at 8:35 p.m. 33 - _ 34 _ 35 SCHEDULED MATTERS 36 37 None. 38 39 40 PUBLIC HEARINGS 41 42 4. Review of Boeing Integrated Defense Systems (BIDS) Specific Plan 43 • Seal Beach Boulevard and Westminster Avenue 44 • 45 Applicant/Owner: Boeing Realty Corporation 8 c i3 ` -/-?4-1 < -4 / 9 - ' _fie //u( 7D arc Cum CL .C-/J 's'C', GrL4')1/ �r -o-,�1 �/�6Z r � U --1 L_u_he/c.Ltr__A „a/-62ed CL./2-(2,ecg. /3 - -� `�- . f.4 . m14- t 4c a/14 ■tiif/j D A.4 -w ✓ ( /,34 ( d .�) a-t L c, ,c / 9 , 7 7 • f �L P.� , 31i/n jeti cut 3 /ti- - (06. . - 7 ?) a-rt . J 2 `l2 /3. c)( LCJf)L L . �6- �vric� /3 Lock o.) 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CcIdpie S REPORT �J To Honorable Chairman and Planrung Commission From: • Department of Development Services • Subject: Minor Plan Review 03 -9 42 Riversea Road • GENERAL DESCRIPTION 1 Applicant: FRANK BOvc Tuc} Owner: LINO HOUSING LLC Location: 42 RIVERSEA ROAD. Classification of Property: RESIDEr HIGH DENSITY (RHD) Reauest: ARCHITECTURAL REVIEW OF A NEW TWO -STORY CABANA AT 42 RIVERSEA ROAD. THE PROPOSED STRUCTURE WILL PROVIDE A TOTAL OF 1081 SQUARE FEET OF LIVING AREA. - Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. Code Sections ' - 28 -2319 Recommendation: APPROVE MINOR PLAN REVIEW 03 -9, SUBJECT TO CONDITIONS. MPR 0:4 4: llvrfsai RCac 20,. Feele_ 2 a d, D _Le1,74 - ,?oT 1 4-& W -e..1 a Sc,,, tS a.G p ( u u - r 1 oT T , e -- . 4-3 R,. -1,, -'-&- 12 46 - tee. ) // � „ 2 „ ,r,,, /0 ,1. c, - < o� .t/.�.r . . - al, `Z Plu a 7, 2603nw 1-11 • t+L..ri. ). ±. `7-y‘c.L. a 7 20 o 3 2.0o3 -13 P aT 2 0x 3 • The. - 71-1.0--1 .05 " '710 - [SHE uEN To Reuse& AN4 CommEtJ7 I ANc. Re:orlI 10 The C,T'. ,.: r► 5 - ' 131. ocK LJ,a c. L" 'rw,r, -b-e t, o 3 - 22- (R ) d'O , [ o. I ED - !3 -�► �-, TOr I O 6lIe T f ,r ALCir"44* t jt' r"'Ld--) tLi7Pf=lf,'1142,ejCt)(bLt49- .cia 0-- PROPERTY OWNER'S AFFIDAVIT MAY 8 ?nn3 STATE OF CALIFORNIA ) CITY OF SEAL BEACH ) COUNTY OF ORANGE } _Our\ fr Jo In �-t , P S c d e n- iD cbl�Tt oTl (1)/(pa) Li Mc_ mm I)n , �sz 21npnpA1+ , (Name) swear that (I am) /(we are) the owner of the property at:( -- ey,_ - ck 1 ea" Pa K 3 (1 )eIl'nmo (a_. (Street Address) (City) (State) (ZIP) and that (I am)/( - e) are familiar with the rules of the City of Seal Beach for prepanng and filing a Plan Review application. The information contained in the attached Plan Review application is correct to the best of (my) /(.er) knowledge and (I) /(we) approve of this application to do the following work S n - t prn re o - + `i2 Rte - Rba4 Sa�.I ciN r,4 , 71-1 o (---To • n bi. I e L.L c r, n ( � 1.11. L. John5o - 03 (Pont Name) ( ign Lure) (Date) H I l? P n� , W v��c,,� Sz5 (.rj-l.� v_cL C fi`loa6)— ( c4 ( Address - Please Pnnt) (City, State 8'.rp) (relepnone) SUBSCRIBFQ AND SWO TO BEFORE ME - THIS i AY OF ► tLi / Notary Public JULIA A MOOPE Commission a 1367038 Notory Public - Calitornio Oronge County r +� My Caren E res Nov 24 2032 City of Seal Beacn • 211 Eighth Street • Seal Beach, California 907 Teieohone (562) -2527 • FAY (562) 431 - 4067 • ice„ lm•71 9 . . - _ . . 4 La • • ILII C!) 0 . • -, . (r) = t■-...I = I a - fe\ rii t.'"?..,.A .... __,....- -,... , .. I' • I ( .. = z •• I •- . ■ • ....= I • .■. : 1.• - _ .....= .■:•• = .7 V. 4.1 •• . ..= • ... • • . . . . •k " , \\ Q 3.. :' .1 `\. . V) • .r. = r..=1 • . ... W .4) IrS412 S l• 4.. ■, ._.-: . . • . . v .,.• ill tfl " e. ;,.S. 0 i-- ( ..... ....,,, / -5-, ,,, • 0 ...., , Li •-•,'.— 'rr 4n -.,.. ,, ,:c.,••• I ..— /-",;'-'',,,, I'D 0\ '' •■ttk'-'S. I . Cri . ., - ......-- .._ Z cr, rn —1 Lu cr 1 11.. < 1 5 E = --. 0 6 . 0 • _ u w 11, — 111 — CO 2 _ ...._ . 1 d . . . • = g01... ; � . w Aeane� rfa 9�, ' CITY HALL 211 EIGHTH STREET` SEAL BEACH. CALIFORNIA 90740 _ . ,. .' ( 562) 431- 2527•wwwri - hfach. -a ue NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Seal Beach will have an item on their Agenda on Wednesday, June 4, 2003, at 7:30 p.m. in the City Council Chambers, 211 Eighth Street, Seal Beach, California, to consider the following item: Minor Plan Review 03 -9 42 Riversea Request: To construct a 2 story mobile home within the Trailer park located off of 1 St. The applicant proposes to build a 2 Story Cabana • where an existing trailer is located. The overall height of the proposed structure will be less than 25 feet. Environmental Review: The proposed use is categoncally exempt for the requirements of CEQA. Code _ Sections: 28 -2319 Applicant: Frank Boychuck Owner: Linc Housing LLC At the above time and place all interested persons may be heard if so desired. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Seal Beach at, or prior to, the public hearing DATED This 27 day of May, 2003 C�IG� Mac Cummins Associate Planner /Special Projects Manager O , _, �; i i fi ;; s` � 1 , YY ,. 7 � 4 5 J i S ti I• •' _ J S# - _ r „.‘..-.4,1,,,,,, " 4(” '= 7--...1-'• •L'. ; r .. ..' _ -. " "�'� -1 ' y 3 __ -- v G• i s : ° / va. . • .0,.. . . • , , • � i ' '''r `r �. _ r' J i - s it �� • , °ice " _ rj ' - • - \� - - I' t V ._ _ ' . :I ''' - 4111t ri , IL '" ll • LA Le /E7 9)1?"A _ ., , A, — .__. ‘ _ r _ . .• -....th. '' • 'I ' rt 1. t ry ;r . - 7 . 1 .. l.� • _ no jo LA z3 1/ 11 VI, b .evc i -'" 1 - , liV ligaBte. ' Am tit* F . d . kili I .11 I . _ ( Ll ,?., : 0) \ , „._ c.):)(P Appeal of Approval of Minor Plan Review 03 -9 Planning Commission Resolution 03 -22 City Council Staff Report July 14, 2003 ATTACHMENT 5 PLANNING COMNIISSION - STAFF REPORT OF JUNE 4, 2003, WITH ATTACHMENTS 1 THROUGH 4 • MPR 03 -9.42 Riversea.CC Appeal Staff Report 19 June 4, 2003 STAFF REPORT To: Honorable Chairman and Planning Commission - From: Department of Development Services • Subject: Minor Plan Review 03 -9 42 Riversea Road GENERAL DESCRIPTION Applicant: FRANK BOYCHUCK Owner: LINO HOUSING LLC - Location: 42 RIVERSEA ROAD. Classification of Property: RESIDENTIAL HIGH DENSITY (RHD) Request: ARCHITECTURAL REVIEW OF A NEW TWO -STORY CABANA AT 42 • RIVERSEA ROAD. THE PROPOSED STRUCTURE WILL PROVIDE A TOTAL OF 1081 SQUARE FEET OF LIVING AREA. - Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. Code Sections: - 28 -2319 Recommendation: APPROVE MLNOR PLAN REVIEW 03 -9, SUBJECT TO CONDITIONS. MPR 03 -9 4 2 Riversea Road ' Minor Plan Review 03 -9 - 42 Riversea Road Planning Commission Staff Report June 4, 2003 FACTS • On May 6, 2003, Frank Boychuck submitted an application for Minor Plan Review 03 -9 with the Department of Development Services. • Specifically, the applicant is requesting to construct a 2 story cabana where an existing trailer is located, within the Seal Beach Trailer Park. • The subject property is legally described as Orange County Assessor's Parcel Number 199 011 -13 and is located in the Seal Beach Trailer Park off of First St. • The subject property is L shaped with a lot area of 884 sq. ft. (19.7 x 35) and (16.2 x 12) • The surrounding land uses and zoning are as follows: ❑ NORTH - Oakwood Apts, RHD ❑ SOUTH — Single Family Attached Housing, RHD ❑ EAST — Undeveloped Parcel of land, & Single Family Housing, Medium Density - • ❑ WEST — San Gabriel River & City of Long Beach • As of May 28, 2003, staff has received no written responses to its mailed notice regarding Minor Plan Review 03 -9. BACKGROUND On May 6, 2003, Frank Boychuck submitted an application for Minor Plan Review 03 -9 to the Department of Development Services. The applicant proposes the construction of a two -story cabana at 42 Riversea Road in the Seal Beach Trailer Park. - The Planning Commission has approved several similar projects within the Trailer Park - including one at 8 Cottonwood Lane (MPR 95 -1), another at 51 Riversea Road (MPR 98 -7) and another at 77 Riversea Road (MPR 98 -9). DISCUSSION Section 28 -2319 of the Code of the City of Seal Beach, (Code), sets forth development standards for two -story cabanas. Section 28 -2319 of the Code requires the Planning Commission to conduct an architectural review of all two -story cabanas. In addition, this section contains construction guidelines Paget MPR 03 -9 Staff Report - 42 Riversea Road Minor Plan Review 03 -9 42 Riversea Road Planning Commission Staff Report June 4, 2003 relating to height, balconies, roof decks and safety. The applicant is proposing to construct a 1081 square foot, 2 story cabana in the Seal Beach Trailer Park. In general the proposed cabana conforms to the architectural stipulations of Section. 28 -2319 of the Code. The plans provide for no roof decks or balconies above the second story - floor line. The proposed cabana will be 25 feet at the highest point; the area between 20 feet and 25 feet will consist exclusively of roofing as required by the Code. The proposed cabana is not located within twenty (20) feet of any two -story structures. The proposed stairs are not located directly adjacent to the main entrance; rather they are located at the opposite end of the hallway. Finally, the proposed cabana complies with the required 3 foot setback from the parks recognized trailer lot lines. It is staff s opinion that the proposed cabana conforms to the architectural stipulations of Section 28 -2319. RECOMMENDATION Staff finds the requested application conforms to Section 28 -2319 of the Code. Nevertheless, the Commission's authority to conduct an architectural review of the proposed two -story cabana permits broader examination of the proposed structure. For example, the Commission may wish to comment on the color scheme or materials. Staff recommends the Planning Commission approve Minor Plan Review 03 -9 subject to the following conditions: 1. Minor Plan Review 03 -9 is approved for a two -story cabana located at 42 Riversea Road, Seal Beach, measuring approximately 1081 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 cabana 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 03 -9. Page 3 MPR 03 -9 Staff Report — 42 Riversea Road Minor Plan Review 03 -9 42 Riversea Road Planning Commission Staff Report Tune 4, 2003 FOR: June 4, 2003, J • Shannon Roberts Mac Cummins Planning Intern Associate Planner /Special Projects Manager Department of Development Services Department of Development Services Attachments (5): 1. Code Sections 2. Proposed Resolution No. 03 -22 3. Application 4. Plans Page 4 MPR 03 -9 Staff Report - 42 Riversea Road Attachment 1 CODE SECTIONS MPR 03 -9 42 Riversea Road Minor Plan Review 03 -9 42 Riversea Road Planning Comm :ss:on Staff Report June 4, 2003 - Section 28 -2319 Development Standards for Two -Story Cabanas. A. Purpose and Intent. In order to ensure the compatibility, safety and timely completion of two -story cabanas within a mobile home park or trailer park, the following development standards and procedures are established. B. Planning Commission Approval. Prior to the issuance of a permit for the construction of two -story cabanas within a mobile home park or trailer park, said permit applications shall be subject to architectural review and approval by the Planning Commission as authorized by the Seal Beach Redevelopment Agency. Determination that the proposed construction complies with the requirement of this Section and all applicable laws including the provisions in Title 25 of the California Administrative Code shall be made by the Building Department. C. Height Limits. (1) The maximum permitted building height shall not exceed two stories or 25 feet in overall height. (2) The area between 20 feet and 25 feet in overall height shall consist exclusively of roofing. D. Decks and Balconies. No decks or balconies shall be permitted above the floor level of a second story. E. Safety Requirements. 1. A life safety sprinkler system shall be installed throughout the trailer and cabana in accordance with the requirements set forth in National Fire Protection Association, Section No. 13D, 1980 Edition as may be amended. 2. The exterior of the cabafia shall be constructed of stucco, or 1 hour fire -rated material shall be installed under wood siding. 3. No two -story cabafia shall be located closer than twenty feet from another two -story cabana. 4. The setbacks and clearances of Title 25, California Administrative Code shall be applicable to all two story cabanas. 5. The foregoing safety requirements of this subsection E, apply to all partially constructed two -story cabanas for which new building permits are required for completion of the cabana. F. Permit Expiration Page 6 MPR 03 -9 Staff Report - 42 Riversea Road Minor Plan Review 03 -9 42 Riversea Road Planning Commission Staff Report June 4, 2003 1. In accordance with Section 1038(2), Title 25, California Administrative Code, all permits to construct or reconstruct a two -story cabana shall expire two years from the date the initial building permit is issued. 2. Upon the expiration of the two -year period in subsection F(1), all partially completed improvements shall be removed within 90 days of written notice by the City Building Department. • Page 7 MPR 03 -9 Staff Report - 42 Riversea Road Minor Plan Review 03 -9 42 Riversea Road Planning Commission Staff Report June 4, 2003 Attachment 2 Proposed Resolution 03 -22 • • Page 9 MPR 03 -9 Staff Report - 42 Riversea Road RESOLUTION NUMBER 03 -22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 03 -9, APPROVING AN ARCHITECTURAL REVIEW IN CONJUNCTION WITH THE PROPOSED CONSTRUCTION OF A TWO -STORY CABANA HOME AT 42 RIVERSEA ROAD, SEAL BEACH . THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On May 6, 2003, Frank Boychuck ( "The Applicant ") filed an- , application for Minor Plan Review 03 -9 with the Department of Development Services. Through MPR 03 -9, the applicant seeks architectural review approval for a 2 story cabana to be constructed at 42 Riversea Road, Seal Beach. 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 03 -9 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 June 4, 2003 to consider the application for Minor Plan Review 03 -9. Section 4. The- record of the hearing on June 4, 2003 indicates the following: (a) On May 6, 2003, Frank Boychuck filed an application with the Department of Development Services for Minor Plan Review 03 -9. (b) The applicant is requesting architectural review of a proposed 2 story cabana to be located within the Seal Beach Trailer Park at 42 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 03 -9. 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 03 -9 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 42 Riversea Road is adequate in size, shape, topography and location to meet the needs of the proposed use of the 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 03 -9, subject to the following conditions: 1. Minor Plan Review 03 -9 is approved for a two -story cabana located at 42 Riversea Road, Seal Beach. 2. 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. • 3. 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. 4. The exterior of the cabana shall be constructed of stucco, or one (1) hour fire -rated material shall be installed under wood siding. 5. Approval shall be subject to compliance with all applicable portions of Title 25 of the California Administrative Code and the Uniform Building Code. 6. 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. 7. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 03 -9. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 4th day of June 2003 by the following vote: AYES: Commissioners NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners David Hood, PhD., Chairman Planning Commission Lee Whittenberg, Secretary Planning Commission • • 3 Minor Plan Review 03 -9 42 Riversea Road Planning Commission Staff Report June 4, 2003 • Attachment 3 Application • • • • Page 8 MPR 03 -9 Staff Report — 42 Riversea Road Application for: Check one or more) r\ ‘ % '- V / / ,, • Addition to Non-Conforming Structure 1 � ` ` fi‘ � ; � ( � { �3 Two -Story Cabana ` �� Cj Structure in L-C zone - MINOR PLAN REVIEW APPLICATION - Extenor Staircase in Flood Zone ❑ . - Accessory Structure in Rear Setback . FOR OFFICE USE ONLY . c::-)- , _ Application No.: M ,Z . 03- Resolution No. Planning Commission Date: Date Complete: • 1. Property Address: qt./ 1 vla2 s 2. Applicant's Name: VR f rt)-k aoycji-uck. Address: 11-, R ) 11-� As f-; • Phone: Work (6 )..) ' 4'!D (o X (40 Mobile: (7 b 0 to - ca 1 FAX: ( . ) Home: (- ) 3. Property Owner' ( Name: � � � � .' Li 1 ' H 9D � � Address: L k) J. 1 ve"�s S � 3LC Home Phone: (7/1 6 0 o- 9.1) 4. General Plan and Zoning Designation: 1 ,� n 5. Present Use of Property: �`'`' - /'�' • • 6. Proposed Use of Property: �t1 _ 7. Request For. 1 5 TD S). 8. Describe the Proposed Improvements: -57bKy: CA . 9. Describe how and if the proposed improvements are appropriat , for he ,,rr character of the surrounding neighborhood: 5-4)7c; l's, k l S U u /L_ i So 44 v 7 ()P a - Svb 7 d)4 5 City of Seal Beach • 211 Eighth Street • Seal Beach, California 90740 -- Telephone: (562) 431 -2527 • FAX. (562) 431 -4067 10. Describe how and if the approval of this Plan Review would be detrimental in any way to other property in the vicinity: 11. Proof of Ownership Staff is to attach here a photocopy of a picture I.D. and a photocopy of the Grant Deed provided by the applicant. OR Signed and notarized Owner's Affidavit to be completed and attached to the application. 12. Legal Description (or attach description from Title or Grant Deed): r j .ILL A i_. • By: 4-041 By: • (Si nature of Appli t) (Signature of Applican 2 N o civcl F OyG2-4-crvit (Pint Name � ( Pint Name) (Date) (Date) For Office Use Only • This is to certify that I have inspected the foregoing application and found it to be thorough and complete. It conforms to the rules of the City of Seal Beach governing the filing of an application for a Consent Calendar Plan Review item. (Pnnt Name) ' • (Signature) (Pnnt Title) (Date) • • City of Seal Beach • 211 Eighth Street • Seal Beach, California 90740 — Telephone: (562) 431 -2527 • FAX. (562) 431 -4067 Applicant's Affidavit MAY 8 2003 Radius Map for Public Hearing -r-L 1, k Eoyci-iva< , certify that on the CI day of , vb .1 prepared an ownership /occupant list and radius map, inclu ed properties which i hundred properties and residential dwelling units entirely within or partially within one feet (100') of the most exterior boundaries of tt e prpperty being considered in the above-referenced case known as (address) 1- Property Owners. The names and addresses listed were taken from the latest records of the Orange County Assessor. Such names are recorded in the records of the County Assessor as being the present owner(s) of both the properties involved in said case and of property in the immediate vicinity thereto. Occupant Notification. I obtained the mailing addresses of occupants within 100' of the subject prrrtx in the following manner: YY11q f OF E ti r / I certify that said ownership /occupant list and radius map are correct and accurate to the best of my knowledge. 1 also acknowledge that any errors in this information will constitute an incomplete application and may invalidate its approval. ( ZAIU1k. g DYC, H-uo PRINT N • E ' I i • tI & _- APPLICANT'S SIGNATURE ( to . 2 bb3 •- DATE City of Seal Beach • 211 Eighth Street • Seal Beach, California 90740 " -- Telephone: (562) 431 -2527 • FAX: (562) 431 -4067 PROPERTY OWNER'S AFFIDAVIT MAY 8 2nn1 STATE OF CALIFORNIA } CITY OFSEALBEACH } COUNTY OF ORANGE } • _Our1^(-er Joh r L on ► Pie 5 r cl e rd- - P • (I) /(W Li NC, C rn rn oh 1 jP _eVe_l n P,+n Lorpor o n (Name) - swear that (I am) /(we are) the owner of the property at: 4,( Bea. 1 ra,L ( Pi 1 . 3 - Wel Cn m ,o ( a te . l,i -8 C Qo -7 4o (Street Address) (City) (State) (ZIP) . and that (I am) /(wc aro) are familiar with the rules of the City of Seal Beach for preparing and filing a Plan Review application. The information contained in the attached Plan Review application is correct to the best of (my) /(ter) knowledge and (I) /(we approve of this application to do the following work: .a -n ✓evn e.v‘_-4- ca_-t 1 42 t 4' 2 __ RoaA , p oti4.g4/ 5ec�, J Q . c f , (,I' 9 - 7 � in o . Tc 6r, I� .'r o n n I c l L. ioil a,Sb c-:5- 63 (Pnnt Name) (ign cure) _ Q (Date) I I 0 Pin. i\Ve-ii\o s ( s 5e_a CActoa6i_ SC. 3s -Z I `( (Address - Please Print) (City, State & Zip) (Telephone) SUBSCRI D AND SWO TO BEFORE ME . THIS ,, AY OF 1, t+ A ',`v, . ,a, . %/ Notary Public Y JULIA A. MOORE . Commission # 1387038 z ■. Notary Public - California `' Orange County - , My Comm. Spires Nov 24.2006 City of Seal Beach • 211 Eighth Street • Seal Beach, California 90740 - -- Telephone. (562) 431 -2527 • FAX: (562) 431 -4067 • Minor Plan Review 03 -9 42 Riversea Road Planning Commission Staff Report June 4, 2003 Attachment 4 Plans • • • Page 10 MPR 03-9 Staff Report - 42 Riversea Road -- 8- J R f !u o • v - 3srl sq 1 r ,,,, . ,. , ....„ Ira -..-- ... 3 :, . r t - I L : .: rr , ii i ) %. 0,:-.1 3 ,.,--,;.,L,-::- � .. 1 `I i ' I I 1 ■ . . 'Ealai` gl''' i , „,), , I 1 111111111111 UetZ .: I y 5! LIMIIMil :' ‘ - !q ill 1.1\----- ‘‘' 2,1 . } - 1 . 6 si J � e?' , i L,:i;77______i4 cry t x p l�rntf ‘4'm t kiN t ‘',1'11L-------7-=4.-., litrEfEZE11 {- ,•,_...:,, j _, , li . I 1 4 ---4r.-1 Lam"- , �j�, -. I R ILL i .- ef ` ' � `�� 't , <� , a" E A , .__ k. - - Ik I 1- ii - i . OM Ond1 1e - og'M1'77d (Ill /3/i � /-r< - � cieig •xdw 52 •� v-7g •xs/11y co v) • . . . . ___ . a r o illii iit:T r Cli. I� z I[ a IT* J it 1 N,) III z l� 1I t 3 d ,2 k . . >� 1.4 . :-- .11 as . • tu !!`iPi ri: ,, . C.) 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(562) 431 2527,wwwwciseal beach.ca.us July 15, 2003 Mr. Frank Boychuck 42 Riversea Road Seal Beach, CA 90740 Dear Mr. Boychuck: SUBJECT: Minor Plan Review 03 -9 Acceptance of Conditions Form - Signature Required The Seal Beach City Council on July 14, 2003 approved your application, Minor Plan Review 03 -9, through the adoption of City Council Resolution No. 5140, which sets forth the terms and conditions of approval, as approved by the City Council. You may now proceed in accordance with the conditions of Resolution No. 5140. Condition #7 of this resolution calls for you to sign an "Acceptance of Conditions" form (copy enclosed) to effectuate the approval of this Minor Plan Review. Please review the attached copy of Resolution No. 5140. If you agree to abide by the eight (8) Conditions of Approval, please complete the enclosed form, have your signature notarized, and return the signed form to our office. If you have any questions or concerns regarding this matter, please contact my office at your earliest convenience. I can be reached at (562) 431 -2527, Extension 313 or by e -mail at 1whittenberg@ci.seal-beach.ca.us. Sincerely, ( Whittenberg Director of Development Services Enclosures (2) City Council Resolution No. 5140 Acceptance of Conditions Form AGREEMENT ACCEPTANCE OF CONDITIONS IN THE MATTER OF THE APPLICATION OF: Frank Boychuck 42 Riversea Road Seal Beach, CA 90740 FORA Minor Plan Review AT 42 Riversea Road (Type of Request, e.g. CUP, Variance, etc.) (Address) PURSUANT TO THE PROVISIONS OF THE ZONING ORDINANCE OF THE CITY OF SEAL BEACH. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } The undersigned applicant for Minor Plan Review 03 -9 (Case No.) hereby acknowledge receipt of a copy of the City Council Conditions of Approval through Resolution No 5140 • hixn Fo'r<her'a per•'irit.for _the above use Applicant does now hereby accept and agree'to- comply with .'all;the,:termsantconditions pursuant to, and under which, said permit was`•granted tothe'applicant. �Yo °' S. k,;,, ignatiiie(s) (Applicant(s)) " < ¢' t ; • . , �� gnature (Owner) STATE OF CALIFORNIA } COUNTY OF ORANGE = Subscribed and sworn to before me thus:. •- w, ��`" < X •.( ,. to � day of 200 ' " '` : ` Notary Public in and for said county and state. My commission expires on Z \Carmen_data\Accept of Cond\AOC Form.doc