HomeMy WebLinkAboutPC Res 07-38 - 2007-08-22
RESOLUTION NUMBER 07-38
A RESOLUTION OF THE PLANNlNG COMMISSlON
OF THE CITY OF SEAL BEACH APPROVlNG
MINOR PLAN REVIEW 07-18, LEGALIZING A 72
SQUARE FOOT PATIO DECK (APPROXIMATELY 6
FEET X 12 FEET) TO BE LOCATED WITHIN THE
REQUIRED REAR YARD SETBACK AREA AT 1101
CATALINA AVENUE, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
SectIon 1. On May 24, 2007, Doug Southam, ("the applicant"), submitted an
applIcation for Minor Plan Review 07-15 with the Department of Development Services.
Specifically, the applicant proposes legalIze an eXisting 72 (roughly 6' X 12') square foot patIo
deck at the rear of the lot within the required rear yard setback area at 1101 Catalina Avenue,
Seal Beach.
Section 2. Pursumlt to 14 CalIf. Code of Regs. ~ 15025(a) and 9 Il.B of the
City's Local CEQA GUldelines, staff has detenl1ined as follows: The applIcation for Minor Plan
Review 07-15 is categorically exempt from review pursuant to the CalifornIa Environmental
Quality Act pursuant to 14 Calif. Code of Regs. ~ 15301 EXISTING FACILITIES (e)(1)
Additions to existing structures provided that the addition will not result m an increase of more
than 50 percent of the floor area of the structures before the addition, or 2,500 square feet,
whIchever IS less 9 15061(b)(3), because It can be seen with certamty that there IS no posSIbIlIty
that the approval may have a sig11lficant effect on the enVIronment
SectIon 3. A duly noticed hearing was held before the Plmmmg CommiSSion
on August 22, 2007 to consider the applicatIOn for Mmor Plml Review 07-15
SectIon 4.
The record of the hearing on August 22, 2007 indIcates the
followmg:
(a) On May 24, 2007, Doug Southam, ("the applIcant"),
submitted an applIcatIon for Mmor Plan ReVIew 07-15 With the Department of Development
Services.
(b) Specifically, the applicant proposes to legalize ml eXIstmg
72 (roughly 6' x 12') square foot patio deck at the rear of the lot WIthin the required rear yard
setback area at 1101 Catalina Avenue, Seal Beach.
(c) The surroundmg land uses and zomng are as follows.
lof3
Plal1/1l1lg COI1lIl11SSWI1 ResolutlO/1 No 07-38
MillO! Plan Review 07-18 - 1101 Catalma Ave/1ue
August 22,2007
NORTH:
SOUTH:
EAST:
WEST.
Sll1g)e famIly resIdences m the ResIdential Low Density (RLD) Zone
Sll1g1e famIly residences in the Residentlal Low DensIty (RLD) Zone
Sll1gle family resIdences 111 the ResIdential Low Density (RLD) Zone
Single famIly reSIdences In the ResidentIal Low DensIty (RLD) Zone
(d) The subject plOpe1ty 1S located ill the Res1dential Low Dens1ty (RLD)
Zone wnh the ne1ghborhood generally 1eferred to as "The 1-1111"
(e) The CIty receIved no comments, wntten or other,
responding to the notIces of the hearing on MPR 07-15
Section 5. Based upon the facts contamed in the record, includll1g those stated
in ~ 4 of thiS resolutIon, and pursuant to ~ 28-401 of the CIty's Code, the Plannll1g Commission
hereby finds as follows:
(a) Minor Plan Review 07-15, 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 Plm1 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. Accordll1gly, 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
sllndar structures currently eXIst withm the neIghborhood.
Section 6. Based upon the foregoll1g, the Planmng CommIssion hereby
approves Minor Plan ReVIew 07-15, subject to the following condItIons:
1. M1ll0r Plan ReVIew 07-15 is approved for a 72 (approxImately 6' X 12') square foot patio
deck, to be located withll1 the required rear yard setback area at 1101 Catalll1a Avenue, Seal
Beach.
2 All constructIon shall be 111 substantIal compliance with the plans approved through Mll10r
Plan Review 07-15
3. Building pemlIts shall be obtained for the approved structures.
4 The apphcant shallll1demnify, defend, and hold harmless the CIty, its officers, agents, and
employees (collectIvely "the City" herell1after) from any and all clanns and losses
whatsoever occurring or resulting to any and all persons, fimls, or corporatIons furmshll1g
or supplying work, services, materials, or supplIes in connectIon with the perfonl1ance of
the use pemlitted hereby or the exerCIse of the nghts grmlted herem, m1d any and all clanTIs,
laWSUIts, or actions arismg from the grantll1g of or the exercIse of the rights perImtted by
thIS Minor Plan Review, and from any and all clal111S and losses OCCUrrIng to any person,
20f3
Plannll/g CommlSSlO1l Resolulloll No 07-38
Ml/1or Plan Review 07-18 - 1101 Catalina Avelllle
A lIgllst 22, 2007
firm, corporatIOn, or property for damage, mjury, or death ansmg out of or connected wIth
the perfonl1ance of the use permitted hereby. ApplIcant's oblIgation to mden1l1ify, defend,
and hold harmless the City as stated herein shall include, but not be lImited to, paYIng all
fees mld costs incurred by legal counsel of the of the City's choice m representing the CIty
m connectIon with any such claims, losses, lawsuits, or actIons, expert WItness fees, mld
any award of dmnages, 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 Plannmg 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 meetmg thereof held on the 22nd day of August 2007 by the following vote:
AYES' CommiSSIoners Roberts, Bello, and Delay
NOES: CommISSiOners None
ABSENT: COImmssIOners Deaton and Massa-lavitt
ABST AlN: CommIssioners None
Ga y Roberts
e-Chairperson, Plannmg CommIssion
Lee Whittenberg
Secretary, Planmng Commiss 1
*****
30f3