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Home My WebLink AboutPC Res 04-41 - 2004-08-18 RESOLUTION NO. 04 - 41 ORIGINAL A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 04-9, PERMITTING RETAINING WALLS LOCATED IN THE REAR YARD SETBACK AT 1713 CRESTVIEW AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On July 14, 2004, R. S. Lewis (the "Applicant") submitted an application on behalf of Matt Murphree (the "Owner") for Minor Plan Review 04-9. The Applicant is requesting to construct two 6- foot high retaining walls and one 3'-4" retaining wall on and adjacent to the rear property line at 1713 Crestview Avenue. Total height ofthe requested retaining walls is 15'-4". 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. 04-9 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303 because it involves the addition of an accessory structure; 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 August 18,2004 to consider Minor Plan Review 04-9. Section 4. The record of the hearing indicates the following: (a) On July 14, 2004, R. S. Lewis (the "Applicant") submitted an application on behalf of Matt Murphree (the "Owner") for Minor Plan Review 04-9. (b) Specifically, the Applicant is requesting to construct two 6-foot high retaining walls and one 3' -4" retaining wall on and adjacent to the rear property line at 1713 Crestview Drive. Total height of the requested retaining walls is 15'-4". (c) The subject property is legally described as Orange County Assessor's Parcel Number 199-151-010 and is located in the Residential Low Density zone on what is commonly referred to as "The Hill." (d) The subject property is rectangular in shape, having 63 feet of street frontage and being 125 feet in depth, with a lot area of7,875 square feet. (e) The property is developed with an existing single-story, single family residence. No development to the residential structure is proposed. A future SWImming pool and spa are indicated to be constructed by a separate permit and do not require review by the Planning Commission. (f) The subject property is bordered on the South, East, and West by residential housing in the Residential Low Density zone. To the North is Gum Grove Park in a Specific Plan Zone borders the subject property. (g) Staff has receIved no responses to its mailed notice regarding Minor Plan Review 04-9. Z \My Documenls\RESO\MPR 04-9 - 1713 Cleslvlew PC Rcso doc\L W\08-18-04 Planlllllg ComnllsslOll ResolutIOn 04-41 MlIlor Plan Review 04-0 1713 Crestview August 18, 2004 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 04-9 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 pennits 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) Minor Plan Review 04-9, as proposed to be conditioned for approval, is consistent with the provisions of Section 28-2316.C of the Code of the City of Seal Beach relating to retaining walls. (c) Minor Plan Review 04-9, as proposed to be conditioned for approval, will be planted with drought-tolerant, non-invasive plant species, and a final landscape plan for these areas shall be submitted to the Director of Development Services for review and approval prior to the issuance of a building permit. Section 6. Based on the foregoing, the Planning Commission hereby approves Minor Plan Review 04-9, subject to the following conditions: I. All construction shall be substantially similar to the plans submitted III conjunction with the application for Minor Plan Review 04-9. 2. The development plans shall be revised to provide a minimum of 18 inches of landscaped area at ground level immediately adjacent to the common property line with Gum Grove Park. 3. Provide a minimum 3-foot wide landscape planter area at each terrace level, not including the width of the concrete block that constitutes the retaining walls. 4. All landscaping adjacent to Gum Grove Park and on the two "terraces" are to be planted with drought-tolerant, non-invasive plant species, and a final landscape plan for these areas shall be submitted to the Director of Development Services for review and approval prior to the issuance of a building pennit for the proposed retaining walls. 5. Access through Gum Grove Park to construct said retaining walls or any future construction activities shall not be permitted unless an "Encroachment Permit" is obtained in accordance with Council Policy 400-5 from the Director of Public Works and a Coastal Development Permit for said activity is obtained from the California Coastal Commission. Furthennore, the applicant shall place a construction boundary fence at the back property line verified by a licensed land surveyor to establish a clear demarcation during construction between private and public property and to prevent any encroachments into public property. 6. 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 retwned to the Planning Department; and until the ten (10) day appeal period has elapsed. 7. The Applicant shall indemnify, defend and hold harmless the city, its officers, agents and employees (collectively hereinafter referred to as "the City") 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 MPR04-9 - 1713 C1eslvlew PC Reso 2 .... Planning ComnusslOn ResolutIOn 04-41 Mmor Plan RevIew 04-0 1713 CrestvIew August 18, 2004 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 pennitted hereby. Applicant's obligation to indemmfy, 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 _18th_day of August 2004 by the following vote: AYES: Commissioners DEATON, LADNER, ROBERTS, SHANKS, AND SHARP NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners t , J / es Sharp airperson, Planning Commission ~~ Secretary, Plannmg CommISSIon MPR 04-9 - 1713 ClcstvlCW PC Rcso 3