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Home My WebLink AboutPC Res 07-48 - 2007-09-05 RESOLUTION NUMBER 07-48 O,f>/CI- /114 ( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 07-22, FOR A 92-SQUARE FOOT (8 FEET X 11 FEET 6 INCHES) STORAGE SHED TO BE LOCATED WITHIN THE REQUIRED SIDE YARD SETBACK AREA AT 460 ELECTRIC AVENUE, SEAL BEACH. THE PLANNlNG COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On July 16, 2007, Dean Willis, ("the applicant"), submitted an application for Minor Plan Review 07-22 with the Department of Development Services. Specifically, the applicant proposes to construct a 92-square foot (8 feet x 11 feet 6 inches) storage shed to be located within the required side yard setback area at 460 Electric Avenue, Seal Beach. Section 2. Pursuant to 14 Calif. Code of Regs. S 15025(a) and S II.B of the City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan Review 07-22 is categorically exempt from review pursuant to the California 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. S 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 September 5, 2007 to consider the application for Minor Plan Review 07-22. Section 4. The record of the hearing on September 5, 2007 indicates the following: (a) On July 16, 2007, Dean Willis, ("the applicant"), submitted an application for Minor Plan Review 07-22 with the Department of Development Services. (b) Specifically, the applicant proposes to construct a 92-square foot (8 feet x 11 feet 6 inches) storage shed to be located within the required side yard setback area at 460 Electric Avenue, Seal Beach. lof3 Plannmg Commission ResolutIOn No 07-48 Mmor Plan Review 07-22 - 460 Electric Avenue September 5, 2007 (c) The subject property is located in the Residential Low Density (RLD) zone within the neighborhood generally referred to as "Bridgeport". (d) The surrounding land uses and zoning are as follows: NORTH: SOUTH: EAST: WEST: Single-family residences in tIle Residential Low Density (RLD) Zone Single-family residences in the Residential Low Density (RLD) Zone Commercial/Retail businesses in the General Commercial (C-2) Zone Single-family 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 will extend beyond the height of the perimeter block wall on the property by approximately two feet at the roof peak of the structure, but because of its location it is not anticipated to adversely impact any abutting property. (t) The City received no comments, written or other, responding to the notices of the hearing on MPR 07-22. Section 5. Based upon the facts contained in the record, including those stated in S 4 of this resolution, and pursuant to S 28-401 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 07-22, 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 penn its 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, tIle Planning Commission hereby approves Minor Plan Review 07-22, subject to the following conditions: 1. Minor Plan Review 07-22 is approved for a 92 square foot (8' x 11 '-6") storage shed to be located within the required side yard setback area at 460 Electric Avenue. 2. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 07-22. 3. Building permits shall be obtained for tIle approved structures. 20f3 Plannmg COmnllSSlOn Resolution No 07-48 MlI10r Plan Review 07-22 - 460 Electric Avenue September 5, 2007 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 whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection willi the performance of the use permitted 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 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 perfornlance 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 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" form has been signed by the applicant in llie 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 Conunission of the City of Seal Beach at a meeting thereof held on the 5th day of September 2007 by the following vote: AYES: Commissioners Deaton, Bello, Delay, Massa-lavitt, and Roberts NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None da.t4."la.6k~ / Ellery Deaton Chairperson, Planning Conunission Lee Wliittenberg Secretary, Planning Commission ***** 30f3