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Home My WebLink AboutPC Res 08-34 - 2008-12-03 RESOLUTION NUMBER 08-34 o t9/ 6'h i'JI4< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 08-10, FOR A NEW WATER FOUNTAIN STRUCTURE, ADJACENT TO AN EXISTING SWIMMING POOL AND SPA, WITHIN THE REQUIRED REAR YARD SETBACK AREA AT 1708 CORAL PLACE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On November 3, 2008, Byron and Laura Allen, ("the applicants"), submitted an application for Minor Plan Review 08-10 with the Department of Development Services. Specifically, the applicant proposes to construct a new water fountain structure adjacent to an existing swimming pool and spa within the required rear yard setback area. The proposed waterfall structure is approximately 12'-0" wide, 5'-6" deep, and 5'-3" high, and is located within 6" of the rear property line at the closest point and approximately 7' from the side property line. Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 91I.B of the City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan Review 08-10 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 9 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (e) Accessory (appurtenant) structures including garages, carports, 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 December 3,2008, to consider the application for Minor Plan Review 08-10. Section 4. The record of the hearing on December 3, 2008, indicates the following: (a) On November 3, 2008, Byron and Laura Allen, ("the applicants"), submitted an application for Minor Plan Review 08-10 with the Department of Development Services. (b) Specifically, the applicants propose to construct a new water fountain structure adjacent to an existing swimming pool and spa and located within the required rear yard setback area. 10f4 Planning Commission Resolution No. 08-34 Minor Plan Review 08-10 1708 Coral Place December 3, 2008 The proposed waterfall structure is approximately 12'-0" wide, 5'-6" deep, and 5'-3" high, and is located within 6" of the rear property line at the closest point and approximately 7' from the side 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 water fountain structure will be below a height of 6' and will not extend beyond the maximum allowable height for a perimeter wall or fence, 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 of the hearing on MPR 08-10. 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 08-10, 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 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 08-10, subject to the following conditions: 1. Minor Plan Review 08-10 is approved for a waterfall structure in conjunction with an existing swimming pool and spa, approximately 12'-0" wide, 5'-6" deep, and 5'-3" high, and located within 6" of the rear property line at the closest point and approximately 7' from the side property line at 1708 Coral Place, Seal Beach. 20f4 Planning Commission Resolution No. 08-34 Minor Plan Review 08-10 1708 Coral Place December 3, 2008 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 08-10. 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 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 3rd day of December 2008 by the following vote: AYES: Commissioners Deaton, Bello, and Massa-Lavitt NOES: Commissioners None ABSENT: Commissioners Delay and Eager ABSTAIN: Commissioners None ~1fa~~ ./ llery Deaton Chairperson, Planning Commission 30f4 Lee Whittenberg Secretary, Planning Commissio ***** 40f4 Planning Commission Resolution No. 08-34 Minor Plan Review 08-10 1708 Coral Place December 3. 2008