HomeMy WebLinkAboutPC Res 02-38 - 2002-10-09
RESOLUTION NO. 02-38
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW
02-6, PERMITTING THE CONSTRUCTION OF A DECK TO
BE LOCATED IN THE REAR YARD SETBACK AREA OF A
HOME LOCATED AT 608 OCEAN AVENUE,
THE PLANNiNG COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Scction I. On Septcmbcr 17, 2002, Christma Filander ("The Applicant")
submItted an application on behalfofRoss Tesser for Minor Plan Review 02-6 With the
Departmcnt of Development Serviecs. The applicant sought to construct a deck off of thc mam
house to be located approximately 10 feet into the rear yard sctbaek area, The proposcd edge of
lhe deck is 86 feet from the rear propcrty line, and is not proposed to encroach into the side yard
setback area at all
Section 2, Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILA of the
City's Local CEQA Guidelines, staff has determmed as follows: The application for Minor Plan
Rcview No. 02-6 is categorically exempt from review pursuant to the Call fornia EnVIronmental
Quality Act pursuant to 14 Calif, Code of Regs. * 15301(e) (Exlstmg Facilitics), because It
involves an addition to an cxisting residential structure which increases thc floor area by less than
50% and is less than 2,500 square feel in area; and, pursuant to ~ 15061 (b)(3), because It can be
sccn with eertamly that thcrc is no possibility that the approval may have a significant effect on
the environment.
Section 3, A duly noticcd hearing was held beforc the Planning Commission
on October 9, 2002 to consider Minor Plan Review 02-6.
Seetion 4.
The record of the hearing indicates the following:
(a) On September 17, 2002, Christma FIlander, submittcd an
application for Mmor Plan ReVieW 02-4.
(b) Specifically, the applIcant is sccking to construct a deck in the rear
yard setback area ofa home located at 608 Ocean Ave. Thc dcck will be approximately 86 feet
from the rear property line, and will bc located in the City of Seal Beach sewer eascment.
(c) The subject property is described as Orange County Assessor's
Parcel Number 199-101-04 and is located in the Residcntial Low Density (RLD) zone of Old
Town, generally referred to as the "Gold Coast."
(d) The subject property IS n:ctangular in shape with a lot arca of6930
square feet.
(e) The surrounding land uses and zOlllng are as follows:
NORTH
A mixture of slllgle and multiple family houslllg III Residcntial High
Dcnslty (RHD)
EAST & WEST
Residential Housmg III a ReSidential Low Density (RLD) Zone
SOUTH
Pacific Ocean in a Public Land Use (PLU/R) Zone
(1) Staff has received no responses, wntten or other, to its mailed
notice regarding Minor Plan Review 02-6.
Section 5, Based upon the evidence in thc record, includmg the facts stated in
~ 4 of thIs resolution and pursuant to * 28-401 of the City's Code, the Planning CommIssion
hereby finds as follows:
PllIlllllllg COIIIIIIISSIOIl ResolllllOIl No 02-38
MUlOr Plall Review 02-6 - 608 Ocean Avellue
U,.tobel 9, 2003
(a) Minor Plan Review 02-6 IS consistent with the provisions ofthe
Land Use Element of the City's General Plan, which provides a "low density residential"
designation for the subject property and pernlits smgle-family residential uses, The use is also
consistent with the remaimng elements of the City's Gencra1 Plan as the policies of those
elements are consistent with, and rcfleeted m, the Land Use Element. Accordingly, the proposed
use is consistent with the General Plan.
Section 6, Based on the foregoing, the Planning Commission hereby approves
Minor Plan ReView 02-6, subject to the followmg conditions:
I, All constructIon shall in substantially similar to the plans submitted in conjunction with the
application for Minor Plan Review 02-6.
2. This Mmor Plan Review shallllot becomc effective for any purposc 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.
3. The applicant shall sign an mdemni fication agreement with the City regarding the City
easement, which runs underneath thc subject property, Such agreement shall be drafted by the
City Attorney and Signed by the applicant and notari7ed before this approval shall become
valid.
4. The applicant shallmdemnify, defend and hold harmless City, its officers, agents and
cmployees (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 supphcs in eonnecl1on with the performance of the use pcnnitted
hereby or the exercise of the rights granted herein, and any and all claims, laWSUits or actions
arismg from the granting of or the cxereise of the rights penmtted by this Conditional Use
Pennit, and from any and all claims and losses occurring or resulting to any person, finn,
corporation or property for damage, injury or death arising out of or connected with the
performance of the use pennitted hereby, Applicant's obhgation to indemnify, defend and
hold hannless the City as stated herein shall include, but not be limited to, paying all fees and
costs incurred by legal counsel 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 thc 9th day of October 2002, by the following vote:
Deaton, Hood, Ladner, Shanks, and Sharp
AYES: CommiSSIOners
NOES: Commissioners
None
ABSTATN: Commissioners
ABSENT: CommiSSIOners
David Hood, PhD" Chai
Planning Commission
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