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HomeMy WebLinkAboutPC Res 03-21 - 2003-05-21 RESOLUTION NO. 03-21 ORIGIA/I/l A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 03-8, PERMITTING THE CONSTRUCTION OF A DECK LOCATED IN THE REAR YARD SETBACK AREA OF A HOME LOCATED AT 516 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On April 22, 2003, James Dunn ("The Applicant") submItted an applIcation for Minor Plan Review 03-8 with the Department of Development Services. The applicant seeks to construct a deck off of the main house to be located approximately 10 feet into the rear yard setback area. The proposed edge of the second story deck is 86 feet from the rear property lme. The deck 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 ~ II.A of the CIty'S Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review No. 03-8 is categorically exempt from review pursuant to the 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 possibIhty that the approval may have a significant effect on the environment. Section 3. A duly noticed hearing was held before the Planning Commission on May 21,2003 to consider Minor Plan Review 03-8. Section 4. The record of the hearing indicates the following: (a) On Apnl 22, 2003, James Dunn ("The Applicant") submItted an application for Minor Plan Review 03-8. (b) SpecIfically, the applIcant IS seeking to construct a second story deck in the rear yard setback area of a home located at 516 Ocean Ave. The deck 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 described as Orange County Assessor's Parcel Number 199-115-04 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 5880 square feet. (e) The surrounding land uses and zoning are as follows: o SOUTH: o EAST & WEST: Pacific Ocean in a Public Land Use (PLU/R) zone Single family housing in a Residential Low Density (RLD) zone in the "Gold Coast." A mixture of single family and Multi-family housing located in a Residential High Density (RHD) zone. o NORTH: (f) Staff has received no responses, written or other, to its mailed notice regarding Minor Plan Review 03-8. 1 Planning Commission Resolution No. 03-21 Mmor Plan Review 03-8 - 516 Ocean Avenue May 21, 2003 Section 5. Based upon the evidence in the record, mcluding 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: (a) Minor Plan ReVIew 03-8 is consistent with the 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 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 requested deck structure is permItted withm the 10-foot City easement area in accordance with the provisions of Section 28-401(2)(b) of the Code of the City of Seal Beach, subject to a Minor Plan Review approval by the Planning Commission. (c) The requested deck structures comply wIth the provisions of Section 28- 401 (2)(b) of the Code of the City of Seal Beach. Section 6. Based on the foregoing, the Planning Commission hereby approves Minor Plan Review 03-8, subject to the following conditions: 1. All construction shall in substantially similar to the plans submitted in conjunctIon with the application for Minor Plan Review 03-8. 2. 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. 3. The applicant shall sign an indemnification agreement with the City regarding the City easement, which runs underneath the subject property. Such agreement shall be drafted by the City Attorney and signed 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 furnishmg 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 grantmg 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, 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 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 21 st day of May 2003, by the following vote: AYES: Commissioners Hood, Deaton, Ladner, Shanks, and Sharp NOES: Commissioners None ABSENT: Commissioners None 2 e Whittenberg, Secretary lanning Commission Planning Commission Resolution No. 03-21 Minor Plan Review 03-8 - 516 Ocean Avenue May 21, 2003 ~ David Hood, PhD., Chai Planning Commission 3