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Home My WebLink AboutPC Res 09-05 - 2008-02-18 RESOLUTION NUMBER 09-5 OR/G/N4L A RESOLUTION OF THE PLANNING COMMISSiON OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 09-2 FOR A NEW FREESTANDING BARBECUE AND COUNTER STRUCTURE; GAS FIRE PIT; AND WATER FEATURE IN CONJUNCTION WITH A NEW SWIMMING POOL AND SPA WITHIN THE REQUIRED REAR YARD AND SIDE YARD SETBACK AREAS AT 902 FATHOM AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On January 9, 2009, Jack and Felice Shohet, ("the applicants"), submitted an application for Minor Plan Review 09-2 with the Department of Development Services. Specifically, the applicant proposes to construct a new freestanding barbecue and counter structure; gas fire pit; and water feature in conjunction with a new swimming pool and spa, within the required rear yard and side yard setback areas. The barbecue and counter structure is approximately 11' wide by 8' deep and is approximately 36" high; and is located along the east side property line. The gas fire pit is approximately 3' -6" by 5' -6"; has a rear wall that is approximately 24" high; and is located along the west side property line. The water feature is proposed in conjunction with a new swimming pool and spa and is approximately 5'- 6" high and 27' in length. The wall is located approximately 4' -6" from the rear property line. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ Il.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 09-2 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 February 18, 2009, to consider the application for Minor Plan Review 09-2. Section 4. The record of the hearing on February 18, 2008, indicates the following: (a) On January 9, 2009, Jack and Felice Shohet, ("the applicants"), submitted an application for Minor Plan Review 09-2 with the Department of Development Services. 10f4 Planning Commission Resolution No. 09-5 Minor Plan Review 09-2 920 Fathom Avenue February 18, 2009 (b) Specifically, the applicant proposes to construct a new freestanding barbecue and counter structure; gas fire pit; and water feature in conjunction with a new swimming pool and sp, within the required rear yard and side yard setback areas. The barbecue and counter structure is approximately 11' wide by 8' deep; is approximately 36" high; and is located along the east side property line. The gas fire pit is approximately 3'-6" by 5'-6"; has a rear wall that is approximately 24" high; and is located along the west side property line. The water feature is proposed in conjunction with a new swimming pool and consists of a wall along the rear bond beam that has 5'-6" high columns and water flumes that project water out into the spa and swimming pool. The length of this wall is approximately 27', with a maximum height of 5'-6". The wall is located approximately 4'-6" from the rear property line, with the water line a minimum of 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 in a developed, single- family residential neighborhood on a relatively flat lot. The proposed structures are not anticipated to have any adverse impacts to adjacent properties and all structures will be below the height of the existing perimeter block walls. (f) The City has received no comments, written or otherwise, responding to the mailed notices of the hearing on Minor Plan Review 09-2. 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 09-2, 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. 20f4 Planning Commission Resolution No. 09-5 Minor Plan Review 09-2 920 Fathom Avenue Februmy /8, 2009 Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 09-2, subject to the following conditions: 1. Minor Plan Review 09-2 is approved for a barbecue and counter structure approximately 11' wide by 8' deep; approximately 36" high; and located along the east side property line. A gas fire pit approximately 3'-6" by 5'-6"; with a rear wall that is approximately 24" high; and located along the west side property line. A water feature proposed in conjunction with a new swimming pool and consisting of a wall along the rear bond beam that has 5' -6" high columns and water flumes that project water out into the spa and swimming pool at 902 Fathom Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 09-2. 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 pernlitted 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 ofthe City of Seal Beach at a meeting thereof held on the 18th day of February 2009 by the following vote: AYES: Commissioners Deaton, Bello, Larson, and Massa-Lavitt NOES: Commissioners None 30f4 ABSENT: Commissioners Eagar Planning Commission Resolution No. 09-5 Minor Plan Review 09-2 920 Fathom Avenue February 18, 2009 ABSTAIN: Commissioners None ***** 40f4 ~~ /, Ellery Deaton Chairperson, Planning Commission