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Home My WebLink AboutPC Res 09-37 - 2009-10-07 RESOLUTION NUMBER 09-37 O-f>h 6J~ ~<' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 09-8 FOR A NEW FLOATING BARBECUE GRILL ISLAND, A FLOATING BUFFET WITH BURNERS, AND A WATER FEATURE FOR A REFLECTING POOL, ALL LOCATED WITHIN THE REQUIRED REAR YARD SETBACK AREA AT 410 OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On September 3, 2009, Richard Neri, ("the applicant"), submitted an application for Minor Plan Review 09-8 with the Department of Development Services. Specifically, the applicant proposes to construct a new floating barbecue grill island that is approximately 7'-0" wide by 2'-6" deep and approximately 36" high, located along the east side property line within the rear yard setback area; a floating buffet with burners that is approximately 12'-0" wide by 2'-0" deep and is also approximately 36" high, located along the west side property line within the rear yard setback area; and a water feature for a reflection pool 5'-0" by 1 '-6" and is approximately 3'-6" above grade. Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9 11.8 of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 09-8 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9915303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. 9 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 October 7, 2009, to consider the application for Minor Plan Review 09- 8. Section 4. The record of the hearing on October 7, 2009, indicates the following: 1 of 4 Planning Commission Resolution No. 09-37 Minor Plan Review 09-8 410 Ocean Avenue October 7, 2009 (a) On September 3, 2009, Richard Neri, ("the applicant"), submitted an application for Minor Plan Review 09-8 with the Department of Development Services. (b) Specifically, the applicant proposes to construct a new floating barbecue grill island that is approximately 7'_0" wide by 2'_6" deep and approximately 36" high, located along the east side property line within the rear yard setback area; a floating buffet with burners that is approximately 12'-0" wide by 2'_0" deep and is also approximately 36" high, located along the west side property line within the rear yard setback area; and a water feature for a reflection pool 5'-0" by 1 '_6" and is approximately 3'-6" above grade. (c) The subject property is located in the Residential Low Density (RLD) zone within the neighborhood generally referred to as "Gold Coast". (d) The surrounding land uses and zoning are as follows: NORTH: Single- and multi-family residences in the Residential High Density (RHO) Zone Public Beach; Pacific Ocean Single-family residences in the Residential Low Density (RLD) Zone Single-family residences in the Residential Low Density (RLD) Zone SOUTH: EAST: WEST: (e) The subject property is located in a developed, single-family residential neighborhood on a relatively flat lot that gradually slopes toward the beach at the rear of the property. The proposed structures are not anticipated to have any adverse impacts to adjacent properties and all structures will be below the height of the existing perimeter block walls. (f) The City has received no comments, written or otherwise, responding to the mailed notices of the hearing on MPR 09-8. Section 5. Based upon the facts contained in the record, including those stated in 94 of this resolution, and pursuant to 928-401 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 09-8, 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. 2of4 Planning Commission Resolution No. 09-37 Minor Plan Review 09-8 410 Ocean A venue October 7, 2009 (b) 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 09-8, subject to the following conditions: 1. Minor Plan Review 09-8 is approved for a new floating barbecue grill island that is approximately 7'-0" wide by 2'-6" deep and approximately 36" high, located along the east side property line within the rear yard setback area; a floating buffet with burners that is approximately 12'-0" wide by 2'-0" deep and is also approximately 36" high, located along the west side property line within the rear yard setback area; and a water feature for a reflection pool 5'-0" by 1'_6" and is approximately 3'-6" above grade at 410 Ocean Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 09-8. 3. Building permits shall be obtained for all approved structures requiring such permits. 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 the 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 Minor Plan Review, 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. 30f4 Planning Commission Resolution No. 09-37 Minor Plan Review 09-8 410 Ocean A venue October 7, 2009 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of October 2009 by the following vote: AYES: Commissioners Massa-Lavitt, Galbreath, and Larson NOES: Commissioners None ABSENT: Commissioners Deaton and Bello ABSTAIN: Commissioners None ~~-~r Sandra Massa-Lavitt Vice-Chairperson, Planning Commission Terrence Belanger Interim Secretary, Planning B> ***** 4of4