Loading...
HomeMy WebLinkAboutPC Res 07-47 - 2007-08-08 RESOLUTION NUMBER 07-47 Ot9~ s~ ~( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVlEW 07-21, FOR CONSTRUCTION OF A WATERSLIDE, TWO ROCK WATERFALLS, AND A GAS FIRE PIT WITH A SEAT WALL, TO BE LOCATED WITHIN THE REAR YARD AND SIDE YARD SETBACK AREAS AT 1445 CATALINA AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Se~tion 1. On July 5, 2007, Eric Brendel, ("the applicant"), submitted an application for Minor Plan Review 07-21 with the Department of Development Services. Specifical1y, the applicant proposes to install a new pool and spa with a waterslide, two rock waterfal1s, and a gas fire pit with a seat wall. All structures are proposed to be located within the rear yard and side yard setback areas of the property located at 1445 Catalina Avenue, Seal Beach. Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9II.B of the City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan Review 07-9 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 (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. 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 August 8, 2007 to consider the application for Minor Plan Review 07-21. Section 4. The record of the hearing on August 8, 2007 indicates the fol1owing: (a) On July 5, 2007, Eric Brendel, ("the applicant"), submitted an application for Minor Plan Review 07-21 with the Department of Development Services. (b) Specifical1y, the applicant proposes to instal1 a pool and spa with a waterslide, two rock waterfalls, and a gas fire pit with a seat wal1, to be located within the rear yard and side yard setback areas at 1445 Catalina Avenue, Seal Beach. 10f3 Planning Commission Resolution No. 07-47 MlIlor Plan Review 07-2/ 1445 Catalma Avenue August 8, 2007 (c) The subject property is located in the Residential Low Density (RLD) zone within the neighborhood general1y referred to as "The Hill". (d) The surrounding land uses and zoning are as follows: NORTH: SOUTH: EAST: WEST: 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 Single fanlily 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 structures wi11 be at or below the height of the perimeter block wal1 on the property and will not extend beyond the top of the perimeter block wall that separates properties, nor are the stmctures anticipated to adversely impact any abutting property. (f) The City received no comments, written or other, responding to the notices of the hearing on MPR 07-21. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to 9 28-401 of the City's Code, the Planning Commission hereby finds as fol1ows: (a) Minor Plan Review 07-21, 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 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 07-21, subject to the following conditions: 1. Minor Plan Review 07-21 is approved for a waterslide, two rock waterfalls, and a gas fire pit with a seat wall, to be located within the rear yard and side yard setback areas at 1445 Catalina Avenue. 2. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 07-21. 3. Building permits shall be obtained for the approved structures. 20f3 Plan111ng CommissIOn Resolution No. 07-47 MlIlor Plan Review 07-21 1445 Catalina Avel1ue A Ugllst 8. 2007 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 OCCUlTing or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the perfonnance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits, or actions arisillg 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 any person, firnl, corporation, or property for damage, injury, or death arising out of or cOlmected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold hannless the City as stated herein shall include, but not be limited to, paying al1 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" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned 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 thereofheld on the 8th day of August 2007 by the following vote: AYES: Commissioners Roberts, Bello, DeLay, and Massa-Lavitt NOES: Commissioners None ABSENT: Commissioners Deaton ABSTAIN: Commissioners None Lee Whittenberg Secretary, Planning Commis 'on ***** 30f3