HomeMy WebLinkAboutPC Res 02-45 - 2002-12-04
RESOLUTION NO. 02-45
ORIGINAL
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING MINOR PLAN REVIEW
02-7, PERMITTING THE CONSTRUCTION OF
A PATIO AND BALCONIES TO BE LOCATED
IN THE REAR YARD SETBACK AREA OF A
HOME LOCATED AT 110 OCEAN AVENUE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. On November 12, 2002, Brent Sears ("The Applicant")
submitted an apphcation on behalf of Vance and Carol Ann Caesar for Minor Plan
Rcview 02-7 with the Department of Dcvelopment Services, The applicant seeks to
construct a patio and balconies off of the main house to be located approximately 10 feet
into the rear yard setback area. The proposed edge of thc balcomes is 86 feet from the
rear property line, and is not proposed to cncroach into the side yard setback area at all.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A
of the City's Local CEQA Guidelines, staff has determined as follows: The application
for Minor Plan Review No. 02-6 is categorically exempt from review pursuant to thc
California Environmental QualIty Act pursuant to 14 Calif. Code of Regs. ~ 15301(e)
(Existing Facilities), because it involves an addition to an existing residential structure
which increases the floor area by less than 50% and is less than 2,500 square feet in area;
and, pursuant to ~ 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 4,2002 to consider Minor Plan Review 02-7.
Section 4.
The record of the hearing indicatcs the following:
(a) On November 12, 2002, Brent Sears ("The Applicant") submitted an
application on behalf of Vance and Carol Ann Caesar for Minor Plan Review 02-7.
(b) Specifically, the applicant is seeking to construct a deck in the rear
yard setback area of a home located at 110 Ocean Ave. The patio and balconies will be
86 feet from the rear property line, and will be located over a City of Seal Beach sewer
easement.
(c) The subject property is deseribed as Orange County Assessor's Parcel
Number 199-111-05 and is located in the Residential Low Density (RLD) zone of Old
Town, generally referred to as the "Gold Coast".
(d) The subject property IS rectangular in shape with a lot area of 11,281
square feet.
(e) The surrounding land uses and zoning are as follows:
o SOUTH: Pacific Ocean in a Public Land Use (PLUIR) zone
o EAST & WEST: Single family housing in a Residential Low Density (RLD)
zone in the "Gold Coast."
o NORTH: A mixture of single family and Multi-family housing located in a
Residential High Density (RHD) zone.
(t) Staff has received no responses, written or othcr, to its mailed
notice regarding Millor Plan Review 02-7.
C.\Documents and Scllmgs\LWh'llenberg\My Uocumcnt.IRESO\MPR 02-7 - 110 Ocean 1'(' Re.o.dncILWI12-05-02
Planning Commls~lOn Resolution 02-45
MlIIor Plan Review 02-7. 110 Ocean Avenue
December 4. 2002
Section 5. Based upon the evidenee in the record, including the facts
stated in ~ 4 of this resolution and pursuant to ~ 28-401 of the City's Codc, the Planning
Commission hereby finds as follows:
(a) Minor Plan Review 02-7 is consistent with thc provisions of the
Land Use Element of the City's General Plan, which provides a "low density residential"
designation for the subject property and permits single family residential uses. The use is
also consistent with the remaining clements 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 requested patio and balcony structures are permitted within the
10- foot City easement area in accordance with the provisions of Section 28-40 I (2)(b) of
the Code of the City of Seal Beach, subject to a Millor Plan Review approval by the
Planning Commission.
(c) Thc requested patio and balcony structures comply with lhe
provisions of Section 28-401 (2)(b) of the Code ofthc City of Seal Beach.
Section 6. Based on the foregoing, the Planning CommiSSIOn hereby
approves Minor Plan Review 02-7, subject to the following conditions:
1. All construction shall in substantially similar to the plans submitted in conjunction
with the application for Minor Plan Revicw 02-7.
2. This Minor Plan Rcview shall not become effective for any purpose unless an
"Acceptanee of Conditions" form has been signed by the apphcant in the presencc of
the Director of Development Scrvices, or notarized and returned to the Planning
Department; and until the ten (10) day appeal period has elapsed.
3. The applicant shall sign an indcmnification agreement with thc City regarding the
City easement, which runs underneath the subject propcrty. Such agreement shall be
drafted by the City Attorney and signcd by the applicant and notarized before this
approval shall become valid.
4. The applicant shall indemnify, defend and hold harmless 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 Conditional Use Permit, and from any and all claims
and losses occurring or resulting to any person, firm, corporation or property for
damage, mjury or death arising out of or connectcd 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
illcurred by legal counsel of the City's choice in representillg the City in connection
with any such claims, losses, lawsuits or actions, expert witness fccs, 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 4th day of December ,
2002, by the following vote:
M I'R 02-7 - 110 Ocean PC Reso
2
AYES: Commissioners
NOES: Commissioners
ABSTAIN: Commissioners
ABSENT: Commissioners
Planmng CommisslOll ResolutIOn 02-45
MillO,. Plan ReView 02-7, 110 Ocean Avenue
December 4. 2002
Deaton, Hood, Ladner, and Shanks
Sharp
Whittenl5erg, Secretary
Planning Commission
MPR02-7 - 110 Ocean PC Reso
David Hood, PhD., Ch
Planning Commissio
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