Loading...
HomeMy WebLinkAboutPC Res 07-40 - 2007-07-18 OR/6/lVl/l A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 07-16, FOR APPROVAL OF A MAXIMUM 150 SQUARE FOOT PATIO COVER, WITH NO PERIMETER DIMENSIONS EXCEEDING 12 FEET IN LENGTH; AND A MAXIMUM 12-FOOT HIGH FIREPLACE STRUCTURE TO BE LOCATED APPROXIMATELY 4 FEET FROM THE REAR PROPERTY LINE LOCATED AT 970 HERON CIRCLE, SEAL BEACH. RESOLUTION NUMBER 07-40 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On June 5, 2007, Emerald Pools, ("the applicant"), submitted an application for Minor Plan Review 07-16 with the Department of Development Services. Specifically, the applicant proposes to build a patio cover and fireplace structure to be located approximately 4 feet from the rear property line located at 970 Heron Circle, Seal Beach Section 2. Pursuant to 14 Calif. Code of Regs. 9 l5025(a) and 9 1I.B of the City's Local CEQA Guidelines, staff has detennined as follows: The application for Minor Plan Review 07-16 is categorically exempt from review pursuant to the Califomia Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. 9 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 July 18, 2007 to consider the application for Minor Plan Review 07-16. Section 4. The record of the hearing on July 18, 2007 indicates the following: (a) On June 5, 2007, Emerald Pools, ("the applicant"), submitted an application for Minor Plan Review 07-16 with the Department of Development Services. 10f4 Plannl11g Commission Resolution 07-40 Mmor Plan Review 07-/6 970 Heron Circle July /8, 2007 (b) Specifically, the applicant proposes to construct a 15 x ll-foot patio cover that is approximately 10-feet high, and an outdoor fireplace that is approximately 5-feet wide and 4-feet deep on a raised footing and is approximately 13 feet in overall height, within the required rear yard setback area at 970 Heron Circle. (c) The subject property is located in the Specific Plan Regulation (SPR) Zone within the neighborhood generally referred to as "Heron Pointe". (d) The surrounding land uses and zoning are as follows: NORTH: SOUTH: EAST: WEST: Single family residences in the Specific Plan Regulation (SPR) zone Single family residences in the Specific Plan Regulation (SPR) zone Open space; Seal Beach Boulevard; Naval Weapons Station property Single family residences in the Specific Plan Regulation (SPR) zone (e) The subject property is located on a relatively flat lot and is surrounded by properties of a similar nature. The proposed patio cover and fireplace, as conditioned, would exceed the height of the perimeter fencing on the property, but will be at or below the maximum square footage and height allowed for accessory structures located within a required rear yard setback area. (t) The City has received no comments, written or other, responding to the notices of the hearing on MPR 07-16. Section 5. Based upon the facts contained in the record, including those stated in 9 4 of this resolution, and pursuant to 9 28-401 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 07-16, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential Low Density" underlying zoning for the subject property and permits 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 reilected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The proposed structures, as conditioned, are appropriate to the surrounding neighborhood as the structures are an adequate distance from adjacent residences. Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 07-16, subject to the following conditions: 1. Minor Plan Review 07-16 is conditionally approved for a maximum 150 square foot patio cover, with no perimeter dimensions exceeding 12 feet in length; and a maximum 12-foot 20f4 Plan11lng Commission ResolutIOn 07-40 Minor Plan Review 07-/6 970 Heron Circle July /8, 2007 high fireplace structure to be located approximately 4 feet from the rear property line located at 970 Heron Circle. 2. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 07-16, as revised to reduce the overall square footage and perimeter dimensions ofthe patio cover, and the overall height of the outdoor fireplace. 3. Building pemlits shall be obtained for the approved structures. 4. The applicant shall indemnify, defend, and hold hamlless 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, finns, or corporations fumishing or supplying work, services, materials, or supplies in connection with the performance of the use pennitted 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 pennitted by this Minor Plan Review, and from any and all claims and losses occurring 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 hatmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred 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 attomeys' 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 ofthe City of Seal Beach at a meeting thereof held on the 18th day of July 2007 by the following vote: AYES: Commissioners Roberts, Bello, Delay, and Massa-lavitt NOES: Commissioners None ABSENT: Commissioners Deaton, ABSTAIN: Commissioners None 30f4 Lee Whittenberg Secretary, Planning Commis **** 40f4 Planning Commission ResolutIOn 07-40 Minor Plan Review 07-/6 970 Heron Circle July /8. 2007 t