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Home My WebLink AboutPC Res 08-04 - 2008-02-06 RESOLUTION NUMBER 08-4 o ,flh 6' /;V. '4< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 08-3 FOR A NEW FORTY- TWO (42) INCH HIGH RETAINING WALL LOCATED WITHIN THE REQUIRED FRONT YARD AND SIDE YARD SETBACK AREAS, ALONG THE PROPERTY LINES AT 1508 E. OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On January 2, 2008, Tim Rietkirk and Jessica Haugh, ("the applicants"), submitted an application for Minor Plan Review 08-3 with the Department of Development Services. Specifically, the applicant proposes to construct a new forty-two (42) inch high retaining wall located within the required front yard and side yard setback areas, along the property lines at 1508 E. Ocean Avenue, Seal Beach. Section 2. Pursuant to 14 Calif. Code of Regs. g 15025(a) and g II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 08-3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. g 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences; and g 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 February 6, 2008, to consider the application for Minor Plan Review 08-3. Section 4. The record of the hearing on February 6, 2008, indicates the following: (a) On January 2, 2008, Tim Rietkirk and Jessica Haugh, ("the applicants"), submitted an application for Minor Plan Review 08-3 with the Department of Development Services. (b) Specifically, the applicant proposes to construct a new fOlty-two (42) inch high retaining wall located within the required fi'ont yard and side yard setback areas, along the property lines. lof4 Planning Commission Resolution 08-4 Minor Plan Review 08-3 1508 E. Ocean Avenue FebruaJY 6, 2008 (c) The subject property is located in the Residential High Density (RHD) zone within the neighborhood generally referred to as "Old Town". (d) The surrounding land uses and zoning are as follows: NORTH: SOUTH: EAST: WEST: Single family residences in the Residential High Density (RHD) Zone Single family residences in the Residential High Density (RHD) Zone Single family residences in the Residential High Density (RHD) Zone Single family residences in the Residential High Density (RHD) Zone (e) The subject property is located on a relatively flat lot and is surrounded by properties of a similar nature. The proposed retaining wall will not exceed the height of other security walls within the neighborhood, nor is it anticipated to adversely impact any abutting property. (f) The City received no comments, wIitten or otherwise, responding to the mailed notices ofthe hearing on MPR 08-3. Section 5. Based upon the facts contained in the record, including those stated in g 4 of this resolution, and pursuant to g 28-2316.C.1.b of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 08-3, as conditioned, is consistent with the provlslOns of the Land Use Element of the City's General Plan, which provides a "Residential High Density" designation 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 structure, as conditioned, is 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 08-3, subject to the following conditions: 1. Minor Plan Review 08-3 is approved for a forty-two (42) inch high retaining wall located within the required front yard and side yard setback areas, along the property lines at 1508 E. Ocean Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 08-3. 3. A minimum twenty-four (24) inch wide landscape buffer, as proposed on plans, shall be maintained between the back of the sidewalk and the retaining wall. 20[4 Plalllling Commission Resolution 08-4 Minor Plan Review 08-3 1508 E. Ocean Avenue Februmy 6, 2008 4. The portion of the retaining wall that is visible from the public right-of-way shall have a stucco veneer (if cinder-block is used) or be constructed of a decorative-type block. 5. Building pemlits shall be obtained for all approved structures requiring such permits. 6. This Minor Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" fornl has been signed by the applicant in the presence of the Director of Development Services, or notarized and retumed to the Planning Department, and until the ten (10) day appeal period has elapsed. 7. 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, films, 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 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, firnl, 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 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 6th day of February 2008 by the following vote: AYES: Commissioners Deaton, Bello, Delay, Massa-lavitt, and Roberts NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None d~'4~adH~ / Ellery Deaton Chairperson, Planning Commission 30f4 Planning Commission Resolution 08-4 Minor Plan Review 08-3 1508 E. Ocean Avenue Februmy 6, 2008 Lee W lttenberg Secretary, Plalming Commission ***** 40f4