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Home My WebLink AboutPC Res 07-44 - 2007-07-18 RESOLUTION NUMBER 07-44 0,-9/6h /114{ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 07-16, FOR APPROVAL OF A 13 X 16-FOOT PALAPA PATIO COVER THAT IS APPROXIMATELY lO-FEET HIGH; AN OUTDOOR BAR AND BARBECUE GRILL THAT ARE EACH APPROXIMATELY 9-FEET WIDE AND 4-FEET DEEP, LOCATED BENEATH THE PALAPA; AND A WATERFALL FEATURE THAT IS APPROXIMATELY 10-FEET WIDE AND 6-FEET DEEP, ALL LOCATED WITHIN THE REQUIRED REAR AND SIDE YARD SETBACK AREAS AT 979 HERON CIRCLE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On June 13,2007, Mildred Showalter, ("the applicant"), submitted an application for Minor Plan Review 07-19 with the Department of Development Services. Specifically, the applicant proposes to build Section 2. Pursuant to 14 Calif. Code of Regs. S l5025(a) and S H.B of the City's Local CEQA Guidelines, staffhas 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. S 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 enviromnent. Section 3. A duly noticed hearing was held before the Planning Commission on July 18, 2007 to consider the application for Minor Plan Review 07-19. Segion 4. The record of the hearing on July 18, 2007 indicates the following: (a) On June 13, 2007, Mildred Showalter, ("the applicant"), submitted an application for Minor Plan Review 07-19 with the Department of Development Services. 10f4 Planning Commission Resolution 07-44 Mll10r Plan Review 07-19 979 Heron Circle July 18, 2007 (b) Specifically, the applicant proposes to build a 13 x l6-foot palapa patio cover that is approximately 10 feet high; an outdoor bar and barbecue grill that are approximately 9 feet wide and 4 feet deep, located beneath the palapa; and a waterfall feature that is approximately 10 feet wide and 6 feet deep, all located within the required rear and side yard setback areas at 979 Heron Circle, Seal Beach. (c) The subject property is located in the Speci fie 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: Seal Beach Police Department Headquarters; Adolfo Lopez Drive Single family residences in the Specific Plan Regulation (SPR) Zone Single family residences in the Specific Plan Regulation (SPR) Zone Single fanlily 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 palapa patio cover, outdoor bar, barbecue grill, and waterfall WIll be below the maximum height allowed for accessory structures located within a required rear or side yard setback area. (t) The City has received no comments, written or other, responding to the notices ofthe hearing on MPR 07-19. Section 5. Based upon the facts contained in the record, including those stated in S 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 07-19, 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 pennits 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 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 07-19, subject to the following conditions: 1. Minor Plan Review 07-19 is approved for a 13 x l6-foot palapa patio cover that is approximately 10 feet high; an outdoor bar and barbecue grill that are approximately 9 feet 20f4 Planning CommissIOn Resolution 07-44 Minor Plan Review 07-19 979 Heron Circle July 18. 2007 wide and 4 feet deep, located beneath the palapa; and a waterfall feature that is approximately 10 feet wide and 6 feet deep, all located within the required rear and side yard setback areas at 979 Heron Circle, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 07-19. 3. Building permits 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 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 perfomlance of the use pemlitted 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, finn, 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 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 DepaIiment, 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 30f4 #::~ Lee Whit eoberg Secretary, Plallnmg Commlssl Planning CommissIOn Resolution 07-44 Minor Plan Review 07-19 979 Heron Circle July 18, 2007 **** 40f4