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Home My WebLink AboutPC Res 08-01 - 2008-01-23 RESOLUTION NUMBER 08-1 o 1>/- 6'~ '4< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 08-1 FOR A NEW FREESTANDING BARBECUE AND COUNTER STRUCTURE WITHIN THE REQUIRED REAR AND SIDE YARD SETBACK AREAS; AND A NEW ROCK GROTTO, W A TERF ALL, AND POOL SLIDE WITHIN THE REQUIRED REAR YARD SETBACK AREA AT 708 TAPER DRIVE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 5, 2007, Stephen and JoAnn Murphy, ("the applicants"), submitted an application for Minor Plan Review 08-1 with the Department of Development Services. Specifically, the applicant proposes to construct a new freestanding barbecue and counter structure within the required rear and side yard setback areas; and a new rock grotto, waterfall, and pool slide within the required rear yard setback area. The barbecue and counter structure is approximately 6' wide by 6' deep and 42" high; the waterfall structure is approximately 4' high by 4' wide and located approximately 3' from the rear property line; and the pool slide is approximately 6' high by 10' long and located approximately 5' from the rear property line. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 08-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ ~ 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. ~ 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 January 23,2008, to consider the application for Minor Plan Review 08-1. Section 4. The record of the hearing on January 23, 2008, indicates the following: 10f4 P/ann;ng Comm;ss;on Reso/uNon 08-1 M;nor Plan Rev;ew 08-1 708 Taper Dr;ve January 23,2008 (a) On December 5, 2007, Stephen and JoAnn Murphy, ("the applicants"), submitted an application for Minor Plan Review 08-1 with the Department of Development Services. (b) Specifically, the applicant proposes to construct a new freestanding barbecue and counter structure within the required rear and side yard setback areas; and a new rock grotto, waterfall, and pool slide within the required rear yard setback area. The barbecue and counter structure is approximately 6' wide by 6' deep and 42" high; the waterfall structure is approximately 4' high by 4' wide and located approximately 3' from the rear property line; and the pool slide is approximately 6' high by 10' long and located approximately 5' from the rear property line. (c) The subject property is located in the Residential Low Density (RLD) zone within the neighborhood generally 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 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 barbecue and counter structure; rock grotto; waterfall; and pool slide will be at or below the height of the perimeter block wall on the property and will not extend beyond the top of the perimeter block wall that separates properties, nor is it anticipated to adversely impact any abutting property. (f) The City received no comments, written or otherwise, responding to the mailed notices of the hearing on MPR 08-1. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~ 28-401 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 08-1, 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 structures are an adequate distance from adjacent residences. 20f4 Plann;ng C0I11111;SS;on ResoluNon 08-1 M;nor Plan Rev;ew 08-1 708 Taper Dr;ve January 23, 2008 Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 08-1, subject to the following conditions: 1. Minor Plan Review 08-1 is approved for a barbecue and counter structure approximately 6' wide by 6' deep and 42" high, located within the rear southeast corner of the property, approximately l' from the rear and side property lines; a rock grotto and waterfall feature approximately 4' high and 4' wide, located approximately 2.5' from the rear property line; and a pool slide approximately 6' high by 10' long, located approximately 5' from the rear property line at 708 Taper Drive, Seal Beach. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 08-1. 3. Building permits shall be obtained for all approved structures requiring such permits. 4. 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. 5. 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 with 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 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 ofthe 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 23rd day of January 2008 by the following vote: AYES: Commissioners Roberts, Bello, Delay, and Massa-lavitt NOES: Commissioners None ABSENT: Commissioners Deaton ABSTAIN: Commissioners None 30f4 #~~ / Lee Whittenberg Secretary, Planning CommIssIOn Planning Commission Resolution 08-1 Minor Plan Review 08-1 708 Taper Drive January 23, 2008 K G, Roberts e-Chairperson, Planning Commission ***** 40f4