HomeMy WebLinkAboutPC Res 03-19 - 2003-05-07
RESOLUTION NO. 03-19
OR/S/fit
Irl4~
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING MINOR PLAN REVIEW
03-6, PERMITTING THE CONSTRUCTION OF
TWO DECKS LOCATED IN THE REAR YARD
SETBACK AREA OF A HOME LOCATED AT
546 OCEAN AVENUE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. On April 14, 2003, Scott and JoAnn Merrill ("The
ApplIcants") submItted an applicatIOn for Minor Plan Review 03-6 with the Department
of Development Services. The applicant seeks to construct two decks off of the main
house to be located approxImately 10 feet into the rear yard setback area. The proposed
edge of the first story deck is 86 feet from the rear property line; the proposed edge of the
second story deck is 91 feet from the rear property line. The decks are 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. 03-6 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
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 May 7, 2003 to consider Minor Plan Review 03-6.
Section 4.
The record of the hearing indicates the followmg:
(a) On April 14, 2003, Scott and JoAnn Merrill ("The ApplIcants")
submitted an application for Minor Plan Review 03-6.
(b) SpeCIfically, the applicant is seeking to construct a first and second
story deck in the rear yard setback area of a home located at 546 Ocean Ave. The decks
WIll be 86 and 91 feet from the rear property line, and will be located over a City of Seal
Beach sewer easement.
(c) The subject property is descnbed as Orange County Assessor's Parcel
Number 199-115-07 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 m shape with a lot area of 5880
square feet.
(e) The surrounding land uses and zoning are as follows:
o SOUTH: Pacific Ocean in a PublIc Land Use (PLUfR) 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.
1
Planning CommISSIOn ResolutIOn 03-19
Ml1lor Plan RevIew 03-6 546 Ocean Avenue
May 7, 2003
(f) Staff has received no responses, written or other, to its mailed
notice regarding Minor Plan Review 03-6.
Section 5. Based upon the evidence in the record, including 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 03-6 is consistent with the provisions of the
Land Use Element ofthe 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 structures are permitted within 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 03-6, 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 03-6.
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
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, 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 7th day of May 2003, by the following
vote:
AYES: Commissioners
Hood, Sharp, Ladner, Deaton, Shanks
2
NOES: Commissioners
ABSTAIN: Commissioners
ABSENT: Commissioners
f) (2.
Mac Cummins, Secretary
Planning Commission
Plannl1lg CommlsslOn ResolutIOn 03-19
Ml1lor Plan ReView 03-6 546 Ocean Avenue
May 7, 2003
David Hood, PhD., C
Planning Commissi n
3