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HomeMy WebLinkAboutPC Res 02-26 - 2002-05-22 e e RESOLUTION NO. 02-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 02-4, PERMITTING THE CONSTRUCTION OF A DECK TO BE LOCATED IN THE REAR YARD SETBACK AREA OF A HOME LOCATED AT 608 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On May 1, 2002, Christina Filander ("The Applicant") submitted an application on behalf of Ross Tesser for Minor Plan Review 02-4 with the Department of Development Services. The applicant sought 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 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. ~ 15025(a) and ~ II.A ofthe City's Local CEQA Guidelines, staff has detennined as follows: The application for Minor Plan Review No. 02-4 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 22, 2002 to consider Minor Plan Review 02-4. Section 4. The record of the hearing indicates the following: (a) Minor Plan Review 02-4. On May 1, 2002, Christina Filander, submitted an application for (b) Specifically, the applicant is seeking to construct a deck in the rear yard setback area of a home located at 608 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 199-101-04 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 6930 square feet. (e) The surrounding land uses and zoning are as follows: NORTH A mixture of single and multiple family housing in Residential High e Planningt11l11liSSiOn Resolution No. 02-26 Density (RHD) EAST & WEST Residential Housing in a Residential Low Density (RLD) Zone SOUTH Pacific Ocean in a Public Land Use (PLU/R) Zone (f) Staffhas received no responses, written or other, to its mailed notice regarding Minor Plan Review 02-4. Section 5. Based upon the evidence in the record, including the facts stated in ~ 4 ofthis resolution and pursuant to ~ 28-401 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 02-4 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. Section 6. Based on the foregoing, the Planning Commission hereby approves Minor Plan Review 02-4, 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 02-4. 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 ofthe 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 indeJ.TInification agreeJ.nent 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 notorized 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 conn,ection 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 Pennit, and from any and all claims and losses occurring or resulting to any person, finn, 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, Page 2 e Planningt11l11liSSiOn Resolution No. 02-26 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 ofthe 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 ofthe City of Seal Beach at a meeting thereof held on the 22Ddday of May, 2002, by the following vote: AYES: Commissioners Brown. Cutuli. Hood. Ladner, Sharp NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners ~vid HOOd~ PhD., Planning Commissi Page 3