A G E N D A CITY OF BUENA PARK ZONING ADMINISTRATOR

Transcription

1 A G E N D A CITY OF BUENA PARK ZONING ADMINISTRATOR December 13, 2017 COMMUNITY DEVELOPMENT CONFERENCE ROOM 3:00 p.m. Members of the public who wish to discuss an item should fill out a speaker identification card and hand it to the secretary. When the item is announced by the Zoning Administrator, speakers should come forward to the microphone, and upon recognition by the Zoning Administrator, state their names and addresses. All actions by the Zoning Administrator are final unless an appeal to the City Council is filed with the City Clerk within ten (10) working days of the decision. Appeal period ends on January 5, CALL TO ORDER: NEW BUSINESS: 1. SITE PLAN NO. SP A request to expand an existing 876 sq. ft. one-story single family residence to include a 766 sq. ft. one-story addition with related site improvements at 8121 Utah Avenue in the RS-6 (One- Family Residential) zone. The project is Class 1, Section (Existing Facilities), categorically exempt from CEQA. PROPERTY OWNER: APPLICANT: RECOMMENDED ACTION: Sandra Cuevas 8121 Utah Avenue Buena Park, CA Eduardo Hernandez Azusa Avenue # 301 Whittier, CA Adopt Resolution of Approval

2 Zoning Administrator Agenda December 13, 2017 Page 2 2. SITE PLAN NO. SP A request to expand an existing 1,143 sq. ft. one-story single family residence to include a 521 sq. ft. garage, 81 sq. ft. porch, and 625 sq. ft. one-story addition with related site improvements located at 6592 Berry Avenue in the RS-6 (One-Family Residential) zone. The project is Class 1, Section (Existing Facilities), categorically exempt from CEQA. PROPERTY OWNER/APPLICANT: RECOMMENDED ACTION: Bridgette Miramontes 6592 Berry Avenue Buena Park, CA Adopt Resolution of Approval ORAL COMMUNICATIONS: STAFF REPORTS: ADJOURNMENT: Zaag121317

3 STAFF REPORT Zoning Administrator CASE SUMMARY: Case Number: Site Plan No. SP Application Request: Expansion of single family residence exceeding 50% of existing habitable area Staff Recommendation: Adopt Resolution of Approval CEQA Compliance: Categorical Exemption (Existing Facilities) Public Notification: 6 notices mailed November 30, 2017 Case Planner: Braulio Moreno, Planning Assistant bmoreno@buenapark.com MEETING DATE: December 13, 2017 AGENDA ITEM NUMBER: 1 PROPERTY OWNER/ APPLICANT: APPLICATION REQUEST: Eduardo Hernandez Whittier Boulevard Whittier, CA Expand an existing 876 sq. ft. one-story single family residence to include a 766 sq. ft. one-story addition with and off-site improvements PROPERTY LOCATION / APN: 8121 Utah Ave / GENERAL PLAN / ZONING: Low Density Residential / RS-6 (Single Family Residential) Zone LAND USE CHARACTERISTICS: The subject property is zoned RS-6 and developed with a one-story single family residence with a total habitable area 876 sq. ft. SURROUNDING LAND USE CHARACTERISTICS: GENERAL PLAN ZONING EXISTING LAND USE North N/A N/A Santa Ana 5 Freeway South Low Density Residential RS-6 Single family home East Low Density Residential RS-6 Single family home West Low Density Residential RS-6 Single family home AGENDA ITEM NO. 1

4 Zoning Administrator Staff Report Site Plan No. SP Page 2 RECOMMENDATION: Staff recommends that the Zoning Administrator adopt the attached Resolution approving Site Plan No. SP , with findings of fact and conditions. APPLICATION ANALYSIS: Background: ASTER CIR The property is located on the north side of Utah Ave, with 56 ft. of street frontage and a total lot area of 8,025 sq. ft. The existing single family residence has a current residential floor area is 876 sq. ft. and a legal non-conforming 313 sq. ft. attached garage. Proposal: The submitted application and plans propose the expansion of 766 sq. ft. to an existing single family residence and an additional 133 sq. ft. to the existing 313 sq. ft. attached garage. The residential expansion will include a new master bedroom, new master bathroom, a new dining room, and an expanded kitchen. The existing interior spaces will be remodeled to remove an existing laundry room in order to expand the kitchen. Upon completion, the one-story single family residence will contain 1,642 sq. ft. with 3 bedrooms, 2 bathrooms, living room, dining room, and kitchen. The attached garage will be expanded to 446 sq. ft. to accommodate two cars as required by city s development standards and as illustrated on the submitted floor plan. AGENDA ITEM NO. 1

5 Zoning Administrator Staff Report Site Plan No. SP Page 3 ELEVATION Discussion: Section of the City of Buena Park Zoning Ordinance requires Planning Commission or Zoning Administrator review to approve the proposed expansion of a single family dwelling that exceeds the greater of 1,100 sq. ft. or 150% of existing habitable area through a Site Plan Review process. The applicant s request will increase residential floor area from 876 sq. ft. to 1,642 sq. ft.; therefore, the proposed project requires a Site Plan Review based on both criteria. The goal of the Site Plan Review process is to ensure that the project meets all development standards of the zoning district, and to also establish that the project is in harmony with the existing architectural character of the area and not harmful to the existing and intended character of the surrounding neighborhood. This process furthers the General Plan goal to maintain and enhance the character of single family residential neighborhoods. With regard to development standards of the RS-6 zone, the expanded residence will maintain lot coverage of 26%; 40% is permitted. The plans demonstrate that proposed house expansion will comply with the required setbacks. The home will retain a minimum front yard setback of 28 ft., a 9 ft. 8 in. side setback along the west side of the house, and a 10 ft. side setback along the east side of the house. The proposed addition to the rear of the residence does not encroach into the required 25 ft. rear-yard setback. Staff reviewed the submittal plans, visited the site and surrounding area, and is of the opinion that the property can accommodate the proposed addition in compliance with applicable development standards. As proposed, the addition will expand the existing residence with consistent architectural design including materials and color. The expanded single family residence will impose no adverse impacts on adjacent properties, and comply with all development standards for single family residences within the RS-6 zone, including lot coverage, setbacks, parking, and architectural compatibility. The request complies with the Guidelines for Single-Family Residential Additions adopted by City Council for the purpose of promoting high-quality additions compatible with adjacent properties. As conditioned by public works the project scope will include the installation of a 4-feet wide sidewalk and a 7.5-feet wide parkway per city standards 206. AGENDA ITEM NO. 1

6 Zoning Administrator Staff Report Site Plan No. SP Page 4 SITE PLAN ENVIRONMENTAL ASSESSMENT: The project is Class 1, Section (Existing Facilities), categorically exempt from CEQA. PUBLIC NOTICES: Six (6) notices were mailed to property owners adjacent to the subject property on November 30, FINDINGS OF FACT: a. The proposed single family home addition complies with all applicable requirements of the General Plan and Zoning Ordinance including building coverage, setbacks, floor plan, and materials, as conditioned. The architectural design, materials, finishes and color scheme will blend with the overall character and color palette of the surrounding area. AGENDA ITEM NO. 1

7 Zoning Administrator Staff Report Site Plan No. SP Page 5 b. The site arrangement and improvements will not be detrimental to the existing and intended character of the neighborhood since the proposed addition is in compliance with the General Plan and the Zoning Ordinance. The single family home addition meets all applicable standards and criteria and will maintain the existing character of the neighborhood. c. The proposed addition is consistent with the prevailing residential development pattern and aesthetically enhanced. Therefore, property values will be conserved d. The exterior architectural design is in harmony with the architectural character of the area. Furthermore, the proposal will enhance the visual integrity of the property and the surrounding area. e. The arrangement and design for pedestrian and vehicular traffic will continue to minimize congestion and protect pedestrian and vehicular safety for the subject property as well as surrounding properties. Prepared by: Approved by: Presented by: Braulio Moreno, Assistant Planner Joel W. Rosen, AICP, Director of Community Development Braulio Moreno, Assistant Planner ATTACHMENTS: 1. Proposed Resolution 2. Vicinity Map 3. Development Plans SRSP AGENDA ITEM NO. 1

8 Attachment 1 RESOLUTION NO. SITE PLAN NO. SP A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF BUENA PARK APPROVING A REQUEST TO EXPAND AN EXISTING 876 SQ. FT. ONE-STORY SINGLE FAMILY RESIDENCE TO INCLUDE A 766 SQ. FT. ONE-STORY ADDITION WITH RELATED OFF-SITE IMPROVEMENTS AT 8121 UTAH AVENUE WITHIN THE RS-6 (ONE- FAMILY RESIDENTIAL) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) Eduardo Hernandez, applicant, Whittier Blvd, Whittier, CA 90601, has filed an application in behalf of Sandra Cuevas, property owner, for issuance of Site Plan No. SP to expand an existing 876 sq. ft. one-story single family residence to include a 766 sq. ft. one-story addition with related off-site improvements at 8121 Utah Avenue, Buena Park, CA 90620, (APN ) in the County of Orange. Hereinafter in this Resolution, the subject Site Plan request is referred to as the application. (ii) On December 13, 2017 the Zoning Administrator conducted a hearing on the application, reviewed the information provided, and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred B. Resolution. NOW THEREFORE, it is found, determined and resolved by the Zoning Administrator of the City of Buena Park as follows: 1. The Zoning Administrator hereby specifically finds that all the facts set forth in Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to the Zoning Administrator during the above-referenced hearing, including written staff report, verbal testimony, and development plans stamped RECEIVED NOV PLNG. DIV. the Zoning Administrator hereby specifically finds as follows: a. The proposed single family home addition complies with all applicable requirements of the General Plan and Zoning Ordinance including building coverage, setbacks, floor plan, and materials, as conditioned. The architectural design, materials, finishes and color scheme will blend with the overall character and color palette of the surrounding area.

9 Resolution No. Site Plan No. SP December 13, 2017 b. The site arrangement and improvements will not be detrimental to the existing and intended character of the neighborhood since the proposed addition is in compliance with the General Plan and the Zoning Ordinance. The single family home addition meets all applicable standards and criteria and will maintain the existing character of the neighborhood. c. The proposed addition is consistent with the prevailing residential development pattern and aesthetically enhanced. Therefore, property values will be conserved. d. The proposed addition is in harmony with the architectural character of the building and will contribute to enhanced architectural and site amenities. As conditioned, the proposed addition will improve the aesthetic appearance of the residence. e. The arrangement and design for pedestrian and vehicular traffic will continue to minimize congestion and protect pedestrian and vehicular safety. 3. The Zoning Administrator hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there under pursuant to Class 1, Section (Existing Facilities) of Division 6 of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3, above, this Zoning Administrator hereby approves the application subject to the plans stamped RECEIVED NOV PLNG. DIV. as modified herein and following reasonable conditions set forth in paragraph 5 of this Resolution. 5. The following conditions are deemed necessary to protect the public health, safety, and general welfare and are reasonable and proper in accordance with the purpose and intent of the Buena Park City Code: BUILDING DIVISION: 1. The project shall comply with the California Building Codes as adopted and amended by City of Buena Park Municipal Code Title After the appeal period ends, applicant shall submit (3) sets of construction plans to the Building Division for plan check in order to obtain required building permits. PUBLIC WORKS: 1. New public improvements to include the following: a) Construct 4-feet wide concrete sidewalk with 7.5-feet wide curb adjacent parkway landscaping within the 12-feet public right-of-way from the curb face along the Utah Avenue frontage per City Std Existing improvements that conflict with the proposed concrete sidewalk shall be removed. Page 2

10 Resolution No. Site Plan No. SP December 13, All trash collection services needed during construction or after project completion shall be obtained from the City s authorized provider. 3. All fees, deposits and bonds associated with improvements required by the Public Works Department shall be paid prior to the issuance of permits for construction. 4. Before exercising any right or performing any obligation pursuant to any permit issued by the Public Works Department, the developer/contractor shall file with the City required insurance certificates. 5. Prior to final release of the project by the Public Works Department, or the refund of any cash deposits, the developer/contractor shall provide the City with a warranty bond to be held by the City for the period of one (1) year, for all public facilities and improvements. 6. Prior to grant of occupancy by the City or commencement of the approved use, these conditions and all improvements required by the Public Works Department shall be completed to the satisfaction of the City Engineer. PLANNING DIVISION: 1. This approval shall be for the addition of 766 sq. ft. living space and a 133 sq ft. garage extension to an existing single family residence for a total floor area of 2,088 sq. ft. of floor area at 8121 Utah Avenue, consistent with plans stamped RECEIVED NOV PLNG. DIV., and as conditioned. When complete, the home shall remain a single-family residence. 2. The existing 313 sq. ft. garage shall conform to the Zoning Ordinance and be expanded by a minimum 127 sq. ft. for the provision of vehicular parking. 3. The applicant and/or property owner shall ensure that a copy of the Zoning Administrator Resolution, including all conditions of approval, be reproduced on the first pages of construction drawings and shall be distributed to all design professionals, contractors, and subcontractors participating in the construction phase of the project. 4. Plans submitted for plan check shall include the new addition with matching stucco and roof shingles to the existing house, generally consistent with the submitted plans stamped RECEIVED NOV 2 PLNG. DIV. Specifications and samples of the following shall be submitted to the Planning Division prior to issuance of building permits: a) Paint colors for stucco and roof trim b) Roofing material c) Brick veneer finish along the front elevation 5. The applicant shall demonstrate that proposed building materials, and other architectural/site features are rated for appropriate durability and longevity. Final plans shall incorporate all changes as conditioned herein and shall recognize all easements or deed restrictions pertaining to the subject property. Any appreciable modification shall require the prior approval of the Planning Division. Page 3

11 Resolution No. Site Plan No. SP December 13, Interior access to all parts of the home shall be maintained at all times as a condition of use. No sections shall be partitioned off and provided solely with exterior access. In addition, no secondary kitchen or other cooking facilities shall be provided. 7. All on-site landscaping which is damaged during construction shall be revitalized upon completion of construction, as necessary, prior to final building permits. All landscaping shall be maintained in a healthy, green, pruned, growing condition. 8. No roof-mounted mechanical equipment shall be permitted unless such equipment is not visible from adjacent and surrounding properties and streets from a height of five (5) feet above ground level. The installation and screening of air conditioning and similar equipment shall comply with existing design criteria and Section of the City Code. 9. The construction authorized by the Site Plan shall be started within one (1) year of the expiration of the appeal period and thereafter diligently advanced until completion of the project. 10. The development shall conform to the plans as finally approved by the City as conditioned herein. Final plans shall incorporate all changes as conditioned herein and shall recognize all easements or deed restrictions pertaining to the subject property. Any appreciable modification shall require the prior approval of the Planning Division. 11. This Site Plan may be revoked for any violation of noncompliance with any of these conditions in accordance with Section of the Zoning Ordinance. 12. Prior to final inspection, these conditions and all improvements shall be completed to the satisfaction of the City. 13. The project and/or use authorized by this approval shall at all times comply with all applicable local, state, and federal ordinances, statutes, standards, codes, laws, policies, and regulations. 14. The applicant shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from any 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, any and all claims, lawsuits or actions arising from the granting of or exercise of the rights permitted by this Site Plan and from any and all claims and losses occurring or resulting to any person, firm, or corporation, or property 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 hereinabove 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, and any award of such damages, judgments, verdicts, court costs or attorneys fees in any such lawsuit or action. Page 4

12 Resolution No. Site Plan No. SP December 13, 2017 PASSED AND ADOPTED this 13 th day of December Ruben M. Lopez Zoning Administrator ATTEST: Joel W. Rosen, AICP Secretary AFFIDAVIT OF ACCEPTANCE: I/ We do hereby accept all of the conditions contained in this document and all other conditions imposed by Site Plan No. SP and do agree that I/we shall conform with and abide by all such conditions. Date: Applicant s Signature RESP Page 5

13 SUBJECT SITE City of Buena Park Zoning Administrator December 13, 2017 SAN RIO DR 8121 Utah Avenue Site Plan No. SP Project Vicinity Map

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18 STAFF REPORT Zoning Administrator CASE SUMMARY: Case Number: Site Plan No. SP Application Request: Expansion of single family residence exceeding 50% of existing habitable area Staff Recommendation: Adopt Resolution of Approval CEQA Compliance: Categorical Exemption (Existing Facilities) Public Notification: 7 notices mailed November 30, 2017 Case Planner: Minjee Hahm, Planning Intern mhahm@buenapark.com MEETING DATE: December 13, 2017 AGENDA ITEM NUMBER: 2 PROPERTY OWNER/ APPLICANT: APPLICATION REQUEST: Brigitte Miramontes 6592 Berry Avenue Buena Park, CA Expand an existing 1,143 sq. ft. one-story single family residence to include a 521 sq. ft. garage, an 81 sq. ft. front porch, and a 625 sq. ft. one-story addition PROPERTY LOCATION / APN: 6592 Berry Avenue / GENERAL PLAN / ZONING: Low Density Residential / RS-6 (Single Family Residential) Zone LAND USE CHARACTERISTICS: The subject property is zoned RS-6 and developed with a one-story single family residence with a total habitable area 1,143 sq. ft. and an attached 295 sq. ft. garage. SURROUNDING LAND USE CHARACTERISTICS: GENERAL PLAN ZONING EXISTING LAND USE North Low Density Residential RS-6 Single family home South Low Density Residential RS-6 Single family home East Low Density Residential RS-6 Single family home West Low Density Residential RS-6 Single family home AGENDA ITEM NO. 2

19 RECOMMENDATION: Zoning Administrator Staff Report Site Plan No. SP December 13, 2017 Page 2 Staff recommends that the Zoning Administrator adopt the attached Resolution approving Site Plan No. SP , with findings of fact and conditions. APPLICATION ANALYSIS: Background: The property consists of two legally nonconforming parcels and is located on the south side of Berry Avenue, with total 70.5 ft. of street frontage and total lot area of 13,183.5 sq. ft. The existing home has a residential floor area of 1,143 sq. ft. A 295 sq. ft. attached garage, 81 sq. ft. storage, and 41 sq. ft. front porch is provided. The applicant is currently processing an application for lot consolidation with the Public Works Department in accordance with the City Code and the California Subdivision Map Act. Proposal: The submitted application and plans propose the construction of a 521 sq. ft. garage, an 81 sq. ft. front porch, and a single story 625 sq. ft. residential area expansion with related site improvements. The residential expansion will include a new master bedroom, new master bathroom, three bedrooms, a new bathroom, and a new hallway. The existing interior spaces will be remodeled to relocate an existing bedroom to the southern side of the house, in order to relocate the living room to the western side of the house and add a bay window. The kitchen will be moved up to the front of the house and remodeled to add a dining area. The existing porch will be demolished and rebuilt to enhance the visual integrity of the property. The existing garage will be converted into the new master bedroom and master bathroom with a walk in closet. Upon completion, the one-story single family residence will contain 1,768 sq. ft. with 4 bedrooms, 2 bathrooms, living room, dining area, and kitchen. A new garage of 562 sq. ft. will be added to the rear end of the house, and a new porch of 81 sq. ft. to the front of the house. AGENDA ITEM NO. 2

20 Zoning Administrator Staff Report Site Plan No. SP December 13, 2017 Page 3 Discussion: Section of the City of Buena Park Zoning Ordinance requires Planning Commission or Zoning Administrator review to approve the proposed expansion of a single family dwelling that exceeds the greater of 1,100 sq. ft. or 150% of existing habitable area through a Site Plan Review process. The applicant s request will increase residential floor area from 1,143 sq. ft. to 1,768 sq. ft.; therefore, the proposed project requires a Site Plan Review based on both criteria. The goal of the Site Plan Review process is to ensure that the project meets all development standards of the zoning district, and to also establish that the project is in harmony with the existing architectural character of the area and not harmful to the existing and intended character of the surrounding neighborhood. This process furthers the General Plan goal to maintain and enhance the character of single family residential neighborhoods. With regard to development standards of the RS-6 zone, the expanded residence will maintain a lot coverage of 18%; 40% is the maximum allowed. The plans demonstrate that proposed house expansion will generally comply with the required setbacks. The setbacks include an ft. front setback, a 5 ft. side setback from the west property line, and a ft. side setback from the east property line. The proposed garage to the rear of the residence will not encroach into the required 25 ft. rear-yard setback. The required front setback does not comply with the current code. Taking into consideration that the house was built with an ft. front setback, staff is not requiring the applicant to move the house back in order to bring the front setback up to code because the applicant is not proposing any substantial changes to the existing residence to further AGENDA ITEM NO. 2

21 Zoning Administrator Staff Report Site Plan No. SP December 13, 2017 Page 4 encroach into the front setback. In addition, the subject property contains two parcels which are both of nonconforming width. The two parcels will have to be consolidated into a single lot with conforming lot dimensions in order to allow a residential expansion of this size to the existing residence. Staff is including a condition of approval that the two parcels be consolidated prior to issuance of any building permits. Staff reviewed the submittal plans, visited the site and surrounding area, and is of the opinion that the property can accommodate the proposed addition in general compliance with applicable development standards. As proposed, the addition will expand the existing residence with consistent architectural design including materials and color. The expanded single family residence will impose no adverse impacts on adjacent properties, and comply with most development standards for single family residences within the RS-6 zone, including lot coverage, parking, and architectural compatibility. Additionally, the request complies with the Guidelines for Single-Family Residential Additions adopted by City Council for the purpose of promoting high-quality additions compatible with adjacent properties. ENVIRONMENTAL ASSESSMENT: The project is Class 1, Section (Existing Facilities), categorically exempt from CEQA. PUBLIC NOTICES: Seven (7) notices were mailed to property owners adjacent to the subject property on November 30, AGENDA ITEM NO. 2

22 FINDINGS OF FACT: Zoning Administrator Staff Report Site Plan No. SP December 13, 2017 Page 5 a. The proposed addition to the single family home complies with all applicable requirements of the General Plan and Zoning Ordinance including lot coverage, setbacks, floor plan, and building materials, as conditioned. The architectural design, materials, finishes and color scheme will blend with the overall character and color palette of the surrounding area. b. The site arrangement and improvements will not be detrimental to the existing and intended character of the single-family neighborhood since the proposed addition is in compliance with the General Plan and the Zoning Ordinance. The single family home design meets all applicable standards and criteria and will maintain the single-family residential character of the neighborhood. c. The proposed addition will not create any detrimental effects on the environment since the area was planned for single-family residential development. d. The exterior architectural design is in reasonable harmony with the architectural character of the area. All building materials, colors and finishes will match the expanded house, as conditioned. Furthermore, the proposed addition will enhance the visual integrity of the property and the surrounding area. e. The arrangement and design for pedestrian and vehicular traffic will continue to minimize congestion and protect pedestrian and vehicular safety for the subject property as well as surrounding properties. Prepared by: Approved by: Presented by: Minjee Hahm, Planning Intern Joel W. Rosen, AICP, Director of Community Development Minjee Hahm, Planning Intern ATTACHMENTS: 1. Proposed Resolution 2. Vicinity Map 3. Development Plan SRSP ZA AGENDA ITEM NO. 2

23 Attachment 1 RESOLUTION NO. SITE PLAN NO. SP A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF BUENA PARK APPROVING A REQUEST TO EXPAND AN EXISTING 1,143 SQ. FT. ONE-STORY SINGLE FAMILY RESIDENCE TO INCLUDE A 521 SQ. FT. GARAGE, AN 81 SQ. FT. FRONT PORCH, AND A 625 SQ. FT. ONE-STORY ADDITION AT 6592 BERRY AVENUE WITHIN THE RS-6 (ONE-FAMILY RESIDENTIAL) ZONE, AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. (i) Brigitte Miramontes, property owner/applicant, 6592 Berry Avenue, Buena Park, CA 90620, has filed an application for issuance of Site Plan No. SP to expand an existing 1,143 sq. ft one-story single family residence to include a 521 sq. ft garage, a 81 sq. ft front porch, and a 625 sq. ft one-story addition at 6592 Berry Avenue, Buena Park, CA 90620, (APN ) in the County of Orange. Hereinafter in this Resolution, the subject Site Plan request is referred to as the application. (ii) On December 13, 2017 the Zoning Administrator conducted a hearing on the application, reviewed the information provided, and concluded said hearing prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW THEREFORE, it is found, determined and resolved by the Zoning Administrator of the City of Buena Park as follows: 1. The Zoning Administrator hereby specifically finds that all the facts set forth in Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to the Zoning Administrator during the above-referenced hearing, including written staff report, verbal testimony, and development plans stamped RECEIVED NOV PLNG. DIV. the Zoning Administrator hereby specifically finds as follows: a. The proposed addition to the single family home complies with all applicable requirements of the General Plan and Zoning Ordinance including lot coverage, setbacks, floor plan, and building materials, as conditioned. The architectural design, materials, finishes and color scheme will blend with the overall character and color palette of the surrounding area.

24 Resolution No. Site Plan No. SP December 13, 2017 b. The site arrangement and improvements will not be detrimental to the existing and intended character of the single-family neighborhood since the proposed addition is in compliance with the General Plan and the Zoning Ordinance. The single family home design meets all applicable standards and criteria and will maintain the single-family residential character of the neighborhood. c. The proposed addition will not create any detrimental effects on the environment since the area was planned for single-family residential development. d. The exterior architectural design is in reasonable harmony with the architectural character of the area. All building materials, colors and finishes will match the expanded house, as conditioned. Furthermore, the proposed addition will enhance the visual integrity of the property and the surrounding area. e. The arrangement and design for pedestrian and vehicular traffic will continue to minimize congestion and protect pedestrian and vehicular safety for the subject property as well as surrounding properties. 3. The Zoning Administrator hereby finds and determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there under pursuant to Class 1, Section (Existing Facilities) of Division 6 of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3, above, this Zoning Administrator hereby approves the application subject to the plans stamped RECEIVED NOV PLNG. DIV. as modified herein and following reasonable conditions set forth in paragraph 5 of this Resolution. 5. The following conditions are deemed necessary to protect the public health, safety, and general welfare and are reasonable and proper in accordance with the purpose and intent of the Buena Park City Code: BUILDING DIVISION: 1. The project shall comply with the California Building Codes as adopted and amended by City of Buena Park Municipal Code Title After the appeal period ends, applicant shall submit (3) sets of construction plans to the Building Division for plan check in order to obtain required building permits. PUBLIC WORKS: 1. Two existing parcels encompassed by the project shall be consolidated through a lot merger in accordance with the City Code and Subdivision Map Act. Plot map and legal description shall be prepared by registered civil engineer or licensed surveyor. All cost associated with preparation of these documents and County recording shall be responsible by applicant. Page 2

25 Resolution No. Site Plan No. SP December 13, 2017 PLANNING DIVISION: 1. This approval shall be for the expansion of an existing 1,143 sq. ft one-story single family residence to include a 521 sq. ft garage, an 81 sq. ft porch, and a 625 sq. ft onestory addition, for a total of 1,768 sq. ft. of living area at 6592 Berry Avenue, consistent with plans stamped RECEIVED NOV PLNG. DIV., and as conditioned. When complete, the home shall remain a single-family residence. 2. The applicant shall consolidate the two parcels on which the residence is located under one address and shall provide documentation of the consolidation to the Planning Division prior to issuance of building permits. 3. Interior access to all parts of the home shall be maintained at all times as a condition of use. No sections shall be partitioned off and provided solely with exterior access. In addition, no secondary kitchen or other cooking facilities shall be provided. 4. Specifications and/or samples of the following shall be submitted to the Planning Division prior to issuance of building permits: a) Paint color for stucco b) Roofing material 5. The applicant shall demonstrate that proposed building materials, and other architectural/site features are rated for appropriate durability and longevity. Final plans shall incorporate all changes as conditioned herein and shall recognize all easements or deed restrictions pertaining to the subject property. Any appreciable modification shall require the prior approval of the Planning Division. 6. All on-site landscaping which is damaged during construction shall be revitalized upon completion of construction, as necessary, prior to final building permits. All landscaping shall be maintained in a healthy, green, pruned, growing condition. 7. No roof-mounted mechanical equipment shall be permitted unless such equipment is not visible from adjacent and surrounding properties and streets from a height of five (5) feet above ground level. The installation and screening of air conditioning and similar equipment shall comply with existing design criteria and Section of the City Code. 8. The applicant shall ensure that a copy of the Zoning Administrator Resolution, including all conditions of approval, be reproduced on the first pages of construction drawings and shall be distributed to all design professionals, contractors, and subcontractors participating in the construction phase of the project. 9. The construction authorized by the Site Plan shall be started within one (1) year of the expiration of the appeal period and thereafter diligently advanced until completion of the project. 10. The development shall conform to the plans as finally approved by the City as conditioned herein. Final plans shall incorporate all changes as conditioned herein and Page 3

26 Resolution No. Site Plan No. SP December 13, 2017 shall recognize all easements or deed restrictions pertaining to the subject property. Any appreciable modification shall require the prior approval of the Planning Division. 11. This Site Plan may be revoked for any violation of noncompliance with any of these conditions in accordance with Section of the Zoning Ordinance. 12. Prior to final inspection, these conditions and all improvements shall be completed to the satisfaction of the City. 13. The project and/or use authorized by this approval shall at all times comply with all applicable local, state, and federal ordinances, statutes, standards, codes, laws, policies, and regulations. 14. The applicant shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from any 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, any and all claims, lawsuits or actions arising from the granting of or exercise of the rights permitted by this Site Plan and from any and all claims and losses occurring or resulting to any person, firm, or corporation, or property 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 hereinabove 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, and any award of such damages, judgments, verdicts, court costs or attorneys fees in any such lawsuit or action. PASSED AND ADOPTED this 13 th day of December Ruben M. Lopez Zoning Administrator ATTEST: Joel W. Rosen, AICP Secretary Page 4

27 Resolution No. Site Plan No. SP December 13, 2017 AFFIDAVIT OF ACCEPTANCE: I/ We do hereby accept all of the conditions contained in this document and all other conditions imposed by Site Plan No. SP and do agree that I/we shall conform with and abide by all such conditions. Date: Owner/Applicant s Signature RESP Page 5

28 Attachment 2 SUBJECT SITE City of Buena Park Zoning Administrator December 13, 2017 SAN RIO DR 6592 Berry Avenue Site Plan No. SP Project Vicinity Map

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