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Home My WebLink AboutPC Res 08-11 - 2008-04-09 RESOLUTION NUMBER 08-11 OR/S/III 'V4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 08-6 FOR A NEW FREESTANDING BARBECUE AND COUNTER STRUCTURE WITHIN THE REQUIRED SIDE YARD SETBACK AREA; AND A POOL SLIDE AND ROCK GROTTO, rN CONJUNCTION WITH A NE\V POOL AND SPA, WITHIN THE REQUIRED REAR AND SIDE YARD SETBACK AREAS AT 1728 HARBOR WAY, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On March 4, 2008, Greg and Denise Danner, ("the applicants"), submitted an application for Minor Plan Review 08-6 with the Department of Development Services. Specifically, the applicant proposes to construct a new freestanding barbecue and counter structure within the required side yard setback area; and a pool slide and rock grotto, in conjunction with a new pool and spa, within the required rear and side yard setback areas. The barbecue and counter structure is approximately 6' wide by 10' long and 42" high, and is located approximately 3' from the from the side property line. The pool slide and rock grotto structure is approximately 6' high by 17' long by 9' deep, and is located approximately 3' from the side property line and 4' from the rear propeliy line. Section 2. Pursuant to 14 Calif Code of Regs. 9 15025(a) and 9ILB of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 08-6 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 g 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (e) Accessory (appurtenant) structures including garages, carpOlis, patios, swimming pools, and fences. 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 April 9, 2008, to consider the application for Minor Plan Review 08-6. Section 4. The record of the hearing on April 9, 2008, indicates the following: 1 of 4 Planning Commission Resolution No. 08-11 Minor Plan Review 08-6 1728 Harbor Way April 9, 2008 (a) On March 4, 2008, Greg and Denise Danner, ("the applicants"), submitted an application for Minor Plall Review 08-6 with the Department of Development Services. (b) Specifically, the applicant proposes to construct a new freestanding barbecue and counter structure within the required side yard setback area; and a pool slide and rock grotto, in conjunction with a new pool and spa, within the required rear and side yard setback areas. The barbecue and counter structure is approximately 6' wide by 10' long and 42" high, and is located approximately 3' from the side property line. The pool slide and rock grotto structure is approximately 6' high by 17' long by 9' deep, and is located approximately 3' from the side property line and 4' 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 Seal Beach Boulevard; Seal Beach Naval Weapons Station 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; and pool slide and rock grotto structure 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 has received no comments, written or otherwise, responding to the mailed notices ofthe hearing on MPR 08-6. Section 5. Based upon the facts contained in the record, including those stated in 9 4 of this resolution, and pursuant to g 28-401 of the City's Code, the Planning Commission hereby tinds as follows: (a) Minor Plan Review 08-6, 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. 2of4 Planning Commission Resolution No. 08-11 Minor Plan Review 08-6 1728 Harbor Way April 9. 2008 (b) The proposed structures, as conditioned, are 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 08-6, subject to the following conditions: 1. Minor Plan Review 08-6 is approved for a barbecue and counter structure approximately 6' wide by 10' long and 42" high, and is located approximately 3' from the side property line. The pool slide and rock grotto structure is approximately 6' high by 17' long by 9' deep, and is located approximately 3' from the side propelty line and 4' from the rear property line at 1728 Harbor Way, Seal Beach. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 08-6. 3. Building pemlits shall be obtained for all approved structures requiring such permits. 4. This Minor Plan Review shall not become effective for allY purpose unless an "Acceptance of Conditions" fonn has been signed by the applicant in the presence of the Director of Development Services, or notarized and retumed to the Plmming Department, alld 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 pennitted 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 OCCUlTing to any person, finn, corporation, or property for damage, injury, or death arising out of or cOlU1ected with the perfonnance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold hanllless 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 allY 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 9th day of April 2008 by the following vote: AYES: Commissioners Deaton, Bello, Delay, and Roberts NOES: Commissioners None 3of4 ABSENT: Commissioners Massa-Lavitt Planning Commission Resolution No. 08-11 Minor Plan Review 08-6 1728 Harbor Way April 9, 2008 ABSTAIN: Commissioners None ~~~ Lee Whittenberg "7 Secretary, Planmng CommIssIon ***** IuLl4.ltQ.4Judm) / llery Deaton Chairperson, Planning Commission 40f4