HomeMy WebLinkAboutPC Res 09-15 - 2009-04-08
RESOLUTION NUMBER 09-15
OR/G/1V4L.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
MINOR PLAN REVIEW 09-4 FOR A NEW ROCK
WATERFALL, APPROXIMATELY 5 FEET IN
HEIGHT WITHIN THE REQUIRED REAR YARD
SETBACK AREA AT 4810 ELDER AVENUE, SEAL
BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On March 4, 2009, Shawne Perez, ("the applicant"), submitted an
application for Minor Plan Review 09-4 with the Department of Development Services.
Specifically, the applicant proposes to construct a new rock waterfall, approximately 5-feet in
height, in conjunction with a new in-ground spa, to be located within the required 10- foot rear-
yard setback area.
Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a), staff has
determined as follows: The application for Minor Plan Review 09-4 is categorically exempt
from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of
Regs. 915303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (e),
accessory (appurtenant) structures, including garages, carports, patios, swimming pools and
fences, and 14 Calif. Code of Regs. 9 15061(b)(3), because it can be seen with certainty that
there is no possibility that the approval may have a si'gnificant effect on the environment.
Section 3. A duly noticed hearing was held before the Planning Commission
on April 8, 2009 to consider the application for Minor Plan Review 09-4.
Section 4.
The record ofthe hearing on April 8, 2009 indicates the following:
(a) On March 4, 2009, Shawne Perez, ("the applicant"),
submitted an application for Minor Plan Review 09-4 with the Department of Development
Services.
(b) Specifically, the applicant proposes to construct a new rock
waterfall, approximately 5' in height, in conjunction with a new in-ground spa, to be located
within the required lO-foot rear-yard setback area.
(c) The subject property is rectangular in shape, 52' x 100' in
size, and comprises 5,200 square feet.
10f3
Planning Commission Resolution 09-15
Minor Plan Review 09-4
4801 Elder Avenue
April 8, 2009
(d) Surrounding land uses and zoning are as follows:
NORTH, SOUTH,
EAST & WEST:
Single family residences in the Residential Low Density - 5000
(RLD-5000) zone.
( e) The proposed rock waterfall structure would fall under the
definition of a detached accessory structure and is proposed to be located approximately in the
center of the rear yard and would be approximately 3 feet from the rear property line block wall
at the closest point to the adjoining property. The proposed rock waterfall is below the height of
the existing property line block wall.
(f) The City received no comments, written or other,
responding to the notices ofthe hearing on Minor Plan Review 09-4.
Section 5. Based upon the facts contained in the record, including those 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 09-4, as conditioned, is consistent with
the proVIsIons of the Land Use Element of the City's General Plan, which provides a
"Residential Low Density" designation for the subject property and permits the proposed
development, subject to approval of a Minor Plan Review. 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 proposed development, as conditioned, complies with
all development standards of the Residential Low Density - 5000 (RLD-5000) zone.
(c) The proposed structures, as conditioned, are appropriate to
the surrounding neighborhood as the structures are an adequate distance from adjacent
residences.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 09-4, subject to the following conditions:
1. Minor Plan Review 09-4 is approved for a new rock waterfall, approximately 5' in
height, in conjunction with a new in-ground spa, to be located within the required rear-
yard setback area located at 4801 Elder Avenue.
2. All construction shall be in substantial compliance with the plans approved through
Minor Plan Review 09-4.
3. Building permits shall be obtained for the approved rock waterfall structure.
20f3
Planning Commission Resolution 09-15
Minor Plan Review 09-4
4801 Elder Avenue
April 8, 2009
4. 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.
5. 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 perfornlance 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 8th day of April 2009 by the following vote:
AYES: Commissioners Deaton, Eagar, Larson, and Massa-Lavitt
NOES: Commissioners None
ABSENT: Commissioners Bello
ABSTAIN: Commissioners None
~
Chairperson, Planning Commission
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