HomeMy WebLinkAboutPC Res 07-43 - 2007-07-18
RESOLUTION NUMBER 07-43
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
MINOR PLAN REVIEW 07-18, APPROVING A 513
(APPROXIMATELY 25 X 21-FOOT) SQUARE FOOT
PATIO DECK TO BE LOCATED WITHIN THE
REQUIRED REAR AND SIDE YARD SETBACK
AREAS AT 1435 CRESTVIEW AVENUE, SEAL
BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On June 13, 2007, Robert Roady, ("the applicant"), submitted an
application for Minor Plan Review 07-18 with the Department of Development Services.
Specifically, the applicant proposes to replace an existing 668 square foot, raised patio deck and
construct a 513 (roughly 25 x 2l-foot) square foot patio deck at the rear of the lot within the
required rear yard and side yard setback areas at 1435 Crestview Avenue, Seal Beach.
Section 2. Pursuant to 14 Calif. Code of Regs. S l5025(a) and S n.B of the
City's Local CEQA Guidelines, staff has detennined as follows: The application for Minor Plan
Review 07-18 is categorically exempt from review pursuant to the Califomia Environmental
Quality Act pursuant to 14 Calif. Code of Regs. 9 15301 EXISTING FACILITIES (e)(I)
additions to existing stmctures provided that the addition will not result in an increase of more
than 50 percent of the floor area of the stmctures before the addition, or 2,500 square feet,
whichever is less. ~ 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 07-18.
Section 4.
The record of the hearing on July 18, 2007 indicates the following:
(a) On June 13, 2007, Robert Roady, ("the applicant"),
submitted an application for Minor Plan Review 07-18 with the Department of Development
Services.
(b) Specifically, the applicant proposes to replace an existing
668 square foot, raised patio deck and construct a 513 (roughly 25 x 21-foot) square foot patio
deck at the rear of the lot within the required rear yard and side yard setback areas at 1435
Crestview Avenue, Seal Beach.
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(c) The subject propeliy is located in the Residential High
Density (RHD) Zone within the neighborhood generally referred to as "Old Town".
(d) The surrounding land uses and zoning are as follows:
NORTH:
SOUTH:
EAST:
WEST:
Gum Grove Park; Open Space
Single family residences in the Residential Low Density (RLD) Zone
Single family residences in the Residential Low Density (RLD) Zone
Single family residences in the Residential Low Density (RLD) Zone
(e) The subject property is located in the Residential Low
Density (RLD) Zone with the neighborhood generally referred to as "The Hill".
(t) The City received no comments, written or other,
responding to the notices of the hearing on MPR 07-18.
Section 5. Based upon the facts contained in the record, including those stated
in S 4 of this resolution, and pursuant to S 28-40 I of the City's Code, the Planning Commission
hereby finds as follows:
(a) Minor Plan Review 07-18, 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 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 structure, as conditioned, is appropriate to the
surrounding neighborhood as the structure is an adequate distance from adjacent residences, and
similar structures currently exist within the neighborhood.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 07-18, subject to the following conditions:
1. Minor Plan Review 07-18 is approved for a 513 (approximately 25 x 21-foot) square foot
patio deck, to be located within the required rear and side yard setback areas at 1435
Crestview Avenue, Seal Beach.
2. All construction shall be in substantial compliance with the plans approved through Minor
Plan Review 07-18.
3. Building permits shall be obtained for the approved structures.
4. 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
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whatsoever occurring or resulting to any and all persons, firms, or corporations fumishing
or supplying work, services, materials, or supplies in connection with the performance of
the use permitted hereby or the exercise ofthe rights granted herein, and any and all claims,
lawsuits, or actions arising from the granting of ur the exercise of the rights permitted 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 harmless 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 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" fonn 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 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
ary oberts
e-Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commissio
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