HomeMy WebLinkAboutPC Res 18-20 - 2018-11-05:1:61.lIILI]r Is] .1104 [elm Bb0ill
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 18-
10 TO ALLOW THE CONSTRUCTION OF A 10 FOOT TALL
COMBINATION RETAINING WALL AND GARDEN WALL, 60
FEET LONG TO ALLOW CONSTRUCTION OF A SINGLE -
FAMILY RESIDENCE, ON A PROPERTY LOCATED IN THE
RESIDENTIAL LOW DENSITY (RLD -9) ZONING AREA AT 114
OCEAN AVENUE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Eric Mossman, ( "the applicant') on behalf of Jan and Derrick
Hodson ( "the owners ") submitted an application to the Community Development Department
for Minor Use Permit 18 -10. The proposed project includes the construction of a 10 foot tall
retaining wall 60 feet long to allow construction of a single - family residence located in the
Residential Low Density (RLD -9) zoning area.
Section 2. This project is determined to be a Class 3 (New Construction)
Categorical Exemption pursuant to Section 15303 of the Guidelines for the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting
of a retaining wall to allow the construction of a single - family residence, where only minor
modifications are made.
Section 3. A duly noticed public meeting was held before the Planning
Commission on November 5, 2018 to consider Minor Use Permit 18 -10. At the public
meeting, the Planning Commission received into the record all evidence and testimony
provided on this matter. The record of the hearing indicates the following:
A. The applicant submitted an application to the Community Development
Department for Minor Use Permit 18 -10 for a proposed project at 114 Ocean Avenue, Seal
Beach, California.
B. The subject property is rectangular in shape with a lot area of
approximately 8,567 square feet per assessor's records. The property is approximately
43.94 feet wide by 194.97 feet deep. The site is surrounded by residential uses on the north,
west and east with the beach on the south side.
C. The subject property is currently vacant with a proposed single - family
residence and a attached 2 -car garage. The proposed improvements will not expand or
create any nonconformity as the proposed residence with attached garage meets all zoning
requirements.
D. The Seal Beach Municipal Code (SBMC § 11.4.15.015) allows the
construction of retaining walls greater than 30 inches subject to approval of a Minor Use
Permit. The applicant is requesting to construct a 10 feet tall retaining wall with a five feet tall
garden wall on top. The retaining wall with the garden wall on top is required to be a
maximum of 10 feet tall. According Seal Beach Municipal Code (SBMC § 11.1.15.025.D) to
measure height of a combined wall and retaining wall measure from the midpoint of the
retaining wall to the top of the garden wall. This combined height is 10 feet.
Page 1 of 3
Resolution 18 -20
114 Ocean Avenue
Section 4. Based upon the facts contained in the record, including those
stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Seal
Beach Municipal Code, the Planning Commission makes the following findings:
A. The proposed minor improvements are consistent with the General Plan
which encourages architectural diversity in the Gold Coast area (Planning Area 1) while
ensuring compatibility between residential and commercial uses. The proposed construction
of the retaining wall will be compatible with the architectural style of the surrounding area and
will not change the character of the property, will maintain all requirements of the zoning
area, and will be consistent with other surrounding properties.
B. The proposed use is allowed within the applicable zoning district with
Minor Use Permit approval and will comply with all other applicable provisions of the
Municipal Code. The subject site is located within the Gold Coast RLD -9 zone, an area where
the Seal Beach Municipal Code (Section 11.4.15.015) allows retaining walls over 30 inches
tall with approval of a Minor Use Permit
C. The proposed use, as conditioned below, will be located on a site that is
physically adequate for the type, density, and intensity of use being proposed, including
provision of services, and the absence of physical constraints. The subject site is currently
vacant. The construction of the retaining wall and with a garden wall on top will maintain
development standards applicable to the RLD -9 zone. The improvement will not increase
density or change beyond existing use of the property.
D. The location, size, design, and operating characteristics of the proposed
use, as conditioned below, will be compatible with and will not adversely affect uses and
properties in the surrounding neighborhood. The subject site is located within the RLD -9
zone, which consists of properties developed as single family residences. The improvement
will assist with the construction of a single - family residence, will not change existing operating
characteristics of the single - family residence, and will remain similar to surrounding uses
throughout RLD -9.
E. The establishment, maintenance, and operation of the proposed use will
not be detrimental to the health, safety, or welfare of persons residing or working in the
vicinity. The subject site will continue to operate as a residential property, which is consistent
with the uses in the surrounding neighborhood.
Section 5. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 18 -10 for the construction of a 10 foot tall retaining wall 60 feet
long to allow construction of a single - family residence is subject to the following conditions:
1. Minor Use Permit 18 -10 is approved for the construction of a 10 foot tall retaining wall
60 feet long to allow construction of a single - family residence located at 114 Ocean
Avenue.
2. All plan check and future construction shall be in substantial compliance with the plans
approved through Minor Use Permit 18 -10. All new construction shall comply with all
applicable state and local codes.
3. The retaining wall shall be a maximum of 10 feet tall with no more than a 5 foot tall
garden wall along the 60 linear feet of combination wall.
Page 2 of 3
Resolution 18 -20
114 Ocean Avenue
4. The applicant is required to obtain all Building and Safety permits prior to construction
or demolition.
5. This Minor Use Permit shall not become effective for any purpose unless an
"Acceptance of Conditions" form has been signed, notarized, and returned to the
Community Development Department; and until the ten (10) day appeal period has
elapsed.
6. The applicant shall indemnify, defend and hold harmless the 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 Use Permit, and from any and all claims and
losses occurring or resulting to any person, firm, corporation or property for damage,
injury or death arising out of or connected with the performance of the use permitted
hereby. Applicant's obligation to indemnify, defend and hold harmless the City as
stated herein shall include, but not be limited to, paying all fees and costs incurred by
legal counsel of the City's choice in representing the City in connection with any such
claims, losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at
a meeting thereof held on November 5, 2018, by the following vote:
AYES: Commissioners ((r-z T v
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Michael Thomas
Chairperson
ATTEST:
s t a avazo
,/Planning Com . sion Secretary
Page 3 of 3