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HomeMy WebLinkAboutPC Res 04-38 - 2004-08-18 RESOLUTION NO. 04-38 ORIGINAL A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 04-8, PERMITTING THE CONSTRUCTION OF A DECK TO BE LOCATED IN THE REAR YARD SETBACK AREA OF A HOME LOCATED AT 250 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On July 14, 2004, Susan Phillips submitted an application on behalf of James R. Watson (the "Applicant") for Minor Plan Review 04-8 with the Department of Development Services. The applicant seeks to construct a deck off of the malO house to be located approximately 10 feet into the rear yard setback area on the street and upper levels. The proposed edge of the deck is 86 feet from the rear property line, and is not proposed to encroach into the side yard setback area at all. Section 2. Pursuant to 14 Calif. Code of Regs. S 15025(a) and ~ II.A of the City's Local CEQA Guidelines, staffhas detennined as follows: The application for Minor Plan Review No. 04-8 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 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 04-8. Section 4. The record of the hearing indicates the following: (a) Plan Review 04-8. On July 14, 2004, Susan Phillips, submitted an application for Minor (b) Specifically, the Applicant IS seekmg to construct a deck in the rear yard setback area on the street and upper levels of a home located at 250 Ocean Ave. The deck will be approximately 86 feet from the rear property line, and will be located in the City of Seal Beach sewer easement. (c) The subject property is described as Orange County Assessor's Parcel Number 199-112-06 and is located in the Residential Low Density (RLD) zone of Old Town, generally referred to as the "Gold Coast." (d) 9,751 square feet. The subject property is nearly rectangular in shape with a lot area of (e) The surrounding land uses and zoning are as follows: NORTH A mixture of single and multi-family housing in a Residential High Density (RHD) Zone. EAST Stub Street WEST Single family housing in a Residential Low Density (RLD) Zone. SOUTH Pacific Ocean in a Public Land Use/Recreation (PLU/R) Zone. (f) Staff has received no responses, written or other, to its mailed notice regarding Minor Plan Review 04-8. Plalllll11g ComnllSSlOn ResolutIOn No. 04-38 MlIlor Plan RevIew 04-8 - 250 Ocean Avenue 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 COlmnission hereby finds as follows: (a) Minor Plan Review 04-8 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 ofthose elements are consistent with, and reflected in, 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 04-8, subject to the following conditions: I. All construction shall be substantially similar to the plans submitted in conjunction with the application for Minor Plan Review 04-8. 2. This Minor Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" fonn 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, finns, or corporations furnishing or supplying work, services, materials, or supplies in connection with the perfonnance of the use pennitted 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 pennitted by this Minor Plan Review, and from any and all claims and losses occurring or resulting to any person, finn, corporation or property tor damage, injury or death arising out of or connected with the perfonnance of the use pennitted 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 _I 8th_ day of August 2004, by the following vote: AYES: Commissioners DEATON, LADNER, ROBERTS, SHANKS AND SHARP NOES: Commissioners NONE ABSTAIN: Commissioners NONE ABSENT: Commissioners NONE Page 2 Whittenberg, Secretary lanning Commission Plalll1l11g COnl1IllSSI011 ResolutIOn No. 04-38 Mlllor Plan RevIew 04-8 - 250 Ocean Avenue August 18, 2004 Page 3