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Home My WebLink AboutPC Res 07-26 - 2007-05-09 RESOLUTION NUMBER 07-26 o .1>,Ij Q~ ~( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 07-10, APPROVING A 160 (10' x 16') SQUARE FOOT ROOFTOP DECK, WITH EXTERIOR STAIR ACCESS AND A 72" HIGH PERIMETER FENCE, ABOVE AN EXISTING SINGLE STORY SECONDARY DWELLING UNIT AT THE REAR OF THE LOT AT 1620 OCEAN AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: SectIOn 1. On AprIl 2, 2007, Kye Osll, ("the applicallt"), submItted an applIcation for Minor Plan ReView 07-10 With the Department of Development Services. Specifically, the applicant proposes to install a 160 (10' x 16') square foot rooftop deck WIth extenor stair access and a 72" hIgh perImeter fence, above an existing smgle story secondary dwellIng unit at the rear of the lot at 1620 Ocean Avenue, Seal Beach. Section 2. Pursuant to 14 CalIf. Code of Regs. ~ 15025(a) and ~ II.S of the City'S Local CEQA Guidelines, staff has determmed as follows: The application for Minor Plan Review 07-10 is categorically exempt from reVIew pursuant to the California Environmental QualIty Act pursuant to 14 Calif. Code of Regs. S 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (a) single famIly residences not in conjUnctIOn With the bUlldmg of two or more such umts. In urbanized areas, up to three smgle-family residences may be constructed or converted under this exemption. S 15061(b)(3), because It can be seen WIth certamty that there IS no pOSSibilIty that the approval may have a significant effect on the enVIronment. SectIOn 3 A duly noticed hearmg was held before the Platming Commission on May 9,2007 to consider the application for Minor Platl Review 07-10. Section 4. The record ofthe hearing on May 9, 2007 indicates the following: (a) On April 2, 2007, Kye Osti, ("the applicant"), submitted all application for Minor Plan Review 07-10 with the Department of Development Services. 10f4 Plannmg CommiSSIOn ResolutlOlI No 07-26 MlI10l Plal1 RevIew 07-/0 - /620 Ocean Avenue May 9, 2007 (b) SpecIfically, the applIcant proposes to install a 160 (10' x 16') square foot rooftop deck with exterior stair access and a 72" high perimeter fence, above an existll1g sll1gle story secondary dwellmg unit at the rear of the lot at 1620 Ocean Avenue, Seal Beach. (c ) The subject property is located m the ResidentIal High DensIty (RHD) zone wIthm the neIghborhood generally referred to as "Old Town". (d) The surroundmg land uses and zonIng are as follows: NORTH: Smgle and multIple family reSIdences in the ReSIdentIal HIgh DenSIty (RHD) zone SOUTH. Single and multiple fami I y residences m the ReSIdential High Density (RHD) zone EAST: Single and multIple family residences m the ReSIdentIal HIgh DensIty (RHD) zone WEST: Single and multiple falnily residences m the ReSIdentIal High Density (RHD) zone (e) The subject property is located on a relatIvely flat lot and is surrounded by properties of a sImIlar nature. The proposed rooftop deck is not anticipated to have any adverse impacts to adjacent propertIes relatIve to views or open space, as both abuttmg properties are two-story construction. (f) The City received no comments, written or other, respondmg to the notIces ofthe hearIng on MPR 07-10. SectlOn 5. Based upon the facts contamed in the record, including those stated in ~ 4 of thIS resolution, and pursuant to S 28-2407 of the CIty's Code, the PlannIng CommISSIOn hereby finds as follows: (a) Mmor Plan Review 07-10, as conditioned, is consistent WIth the provislOns of the Land Use Element of the CIty'S General Plan, which prOVIdes a "Residential HIgh DenSIty" designation for the subject property and penmts the proposed development, subject to approval of a Minor Plan Review. The use is also consistent With the remaimng elements of the City's General PIall 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 proposed stmcture, as condItIOned, IS approprIate to the surroundll1g neIghborhood as the structure IS all adequate dIstance from adjacent residences, and similar structures currently exist throughout the neIghborhood. SectIon 6. Based upon the foregoing, the PlaJU1ing Commission hereby approves Minor Plall Review 07-10, subject to the following conditions: 2of4 Plal1l1l11g CommISSIOn ResolutlOll No 07-26 Mmor Plall RevIew 07-10 - 1620 Ocean Avenue May 9, 2007 1. Minor Plan Review 07-]0 is approved [or a 160 (10' x 16') square foot rooftop deck with extenor stair access and a 72" high penmeter fence, above an existmg smgle story secondary dwellmg unit at the rear ofthe lot at 1620 Ocean Avenue, Seal Beach. 2. All construction shall be m substantIal comphance with the plans approved through Mmor Plan ReVIew 07-10. 3. Bmldll1g permIts shall be obtall1ed for the approved structures. 4. The apphCallt shall ll1demnify, defend, and hold harmless the City, its officers, agents, alld employees (collectively "the CIty" herem after) from any and all clanns alld losses whatsoever occurrmg or resulting to anYalld all persons, firms, or corporations fumlshmg or supplYll1g work, servIces, materials, or supplies 111 connectIon WIth the perfomlance of the use pemlitted hereby or the exercise of the rights granted herem, and any and all claims, lawsuits, or actiOns arising from the granting of or the exerCIse of the nghts permitted by thIS Minor Plan Review, and from any and all claIms alld losses occurring to any person, firm, corporatIOn, or property for damage, mJury, or death ansIng out of or cOlmected with the perfOrmallCe of the use pemlItted hereby. Apphcant's obhgallon to mdernnify, defend, and hold harmless the CIty as stated herem shall include, but not be Inmted to, paymg all fees and costs mClmed by legal counsel of the of the CIty'S choice m representing the City in connection With any such cla1l11S, losses, laWSUIts, or actions, expert witness fees, and allY award of dalllages, Judgments, verdIcts, court costs or attorneys' fees in any such laWSUIt or action. 5. This Minor Plan Review shall not become effectIve for any purpose unless all "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 Plal1l1ing Department, and until the ten (10) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Plannmg CommissIOn ofthe City of Seal Beach at a meetmg thereof held on the 9th day of May 2007 by the following vote: AYES: CommissIoners Deaton, Bello, Massa-Lavitt, and Roberts NOES: CommiSSiOners None ABSENT: Commissioners None ABSTAIN: Commissioners None 30f4 Lee Whittenberg Secretary, Planning Comnnssibn * * * * 40f4 Plannll1g CommiSSIOn ResolutIOn No 07-26 Mmor Plan Review 07-10 - 1620 Ocean Avenue May 9. 2007 d~~ alJul7An-?J / Ellery Deaton Chairperson, Planning CommIsSIon