HomeMy WebLinkAboutPC Res 07-25 - 2007-05-09
RESOLUTION NUMBER 07-25
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
MINOR PLAN REVIEW 07-9, APPROVING A 5
FOOT HIGH BY 5 FOOT WIDE BY 5 FOOT DEEP
STONE WATERFALL FEATURE TO BE LOCATED
AT THE REAR PROPERTY LINE AT 4800
CANDLEBERRY AVENUE, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On April 2, 2007, California Pool Chemical/Art Valenzuela, ("the
applicant"), submitted an application for Minor Plan Review 07-9 with the Department of
Development Services. Specifically, the applicant proposes to install a 5 foot high by 5 foot wide
by 5 foot deep stone waterfall structure within the 10-foot rear yard setback area. The stone
waterfaH feature is proposed to be located at the rear property line.
Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9 II.B of the
City's Local CEQA Guidelines, staffhas determined as foHows: The application for Minor Plan
Review 07-9 is categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to 14 Calif. Code of Regs. 9 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 Plarming Commission
on May 9,2007 to consider the application for Minor Plan Review 07-9.
Section 4.
The record of the hearing on May 9,2007 indicates the following:
(a) On April 2, 2007, California Pool Chemical/Art Valenzuela, ("the
applicant"), submitted an application for Minor Plan Review 07-9 with the Department of
Development Services.
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Planning Commission Resolution No. 07-25
Minor Plan Review 07-9 - 4800 Candleberry Avenue
May 9, 2007
(b) Specifically, the applicant proposes to install a 5 foot high by 5 foot wide
by 5 foot deep stone waterfall feature within the 10-foot rear yard setback area. The stone
waterfall feature is proposed to be located at the rear property line.
(c ) The subject property is located in the Residential Low Density (RLD)
zone within the neighborhood generally referred to as "College Park East".
(d) The surrounding land uses and zoning are as follows:
NORTH: Single family residences in the Residential Low Density (RLD)
zone
SOUTH: Single family residences in the Residential Low Density (RLD)
zone
2 of 4EAST: Single fatuily residences in the Residential Low Density (RLD)
zone
WEST: Single family residences in the Residential Low Density (RLD)
zone
(e) The subject property is located on a relatively flat lot and is surrounded by
properties of a similar nature. The proposed stone waterfall feature will be below the height of
the perimeter block wall on the property and will not extend beyond the top of the perimeter
block wall that separates properties, nor wiII it adversely impact any abutting property.
(f) The City received no comments, written or other, responding to the notices
of the hearing on MPR 07-9.
Section 5. Based upon the facts contained in the record, including those stated
in 9 4 of this resolution, at:ld pursuant to 9 28-401 of the City's Code, the Planning Commission
hereby finds as follows:
(a) Minor Plan Review 07-9, as conditioned, is consistent with the provisions
of the Land Use Element of the City's General Plan, which provides a "Residential Low Density"
designation for the subject property and pernlits the proposed development, subject to approval
of a Minor Plan Review. 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 proposed structure, as conditioned, is appropriate to the surrounding
neighborhood as the structure is an adequate distance from adjacent residences.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 07-9, subject to the following conditions:
1. Minor Plan Review 07-9 is approved for a 5 foot high by 5 foot wide by 5 foot deep stone
waterfall feature to be located at the rear property line at 4800 Candleberry Avenue.
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Planning Commission Resolution No. 07-25
Minor Plan Review 07-9 - 4800 Candlebeny Avenue
May 9, 2007
2. All construction shall be 111 substantial compliance with the plans approved through
Minor Plan Review 07-9.
3. Building pernlits shall be obtained for the approved structures.
4. The applicant shall indemnify, defend, and hold hannless the City, its officers, agents,
and employees (collectively "the City" hereinafter) from any and all e1aims 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 perfornlance 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 to
allY person, firm, corporation, or property for damage, injury, or death arising out of or
connected with the perfonnance of the use pemlitted hereby. Applicant's obligation to
indemnify, defend, and hold hannless the City as stated herein shall include, but not be
limited to, paying all fees and costs incun'ed by legal counsel of the 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.
5. 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 retumed to the Planning Department,
and until the ten (10) day appeal period has elapsed.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 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
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/ Hery Deaton
Chairperson, Planning Commission
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Lee Whittenberg
Secretary, Planmng Commission
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Planning Commission Resolution No. 07-25
Minor Plan Review 07-9 - 4800 Candleberry Avenue
May 9, 2007