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Home My WebLink AboutPC Res 10-07 - 2010-03-18o /p RESOLUTION NUMBER 10 -7 /��/ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 10 -4, FOR APPROVAL OF A NEW OPEN BEAM PATIO TRELLIS LOCATED WITHIN THE REQUIRED REAR YARD SETBACK AREA AT 208 OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On January 19, 2010, Fabio Rigo de Righi, ( "the applicant "), submitted an application for Minor Plan Review 10 -4 with the Department of Development Services. Specifically, the applicant proposes to add an approximately 12' -0" wide by 12' -0" long by 12' -0" high, open beam patio trellis within the required rear yard setback area. Section 2 . Pursuant to 14 Calif. Code of Regs. § 15025(a) and § 11.13 of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 10 -4 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § § 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. § 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 March 18, 2010, to consider the application for Minor Plan Review 10 -4. Section 4 . The record of the hearing on March 18, 2010, indicates the following: (a) On January 19, 2010, Fabio Rigo de Righi, ( "the applicant "), submitted an application for Minor Plan Review 10 -4 with the Department of Development Services. (b) Specifically, the applicant proposes to add an approximately 12' -0" wide by 12' -0" long by 12' -0" high, open beam patio trellis within the required rear yard setback area. 1 of 4 Planning Commission Resolution No. 10 -7 Minor Plan Review 10 -4 208 Ocean Avenue March 18, 2010 (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 (RHD) Zone SOUTH: Public Beach; Pacific Ocean EAST: Single- family residences in the Residential Low Density (RLD) Zone WEST: Single- family residences in the Residential Low Density (RLD) Zone (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 structure is not anticipated to have any adverse impacts to adjacent properties, since the structure is located at least thirty (30) feet or more from adjacent structures. (f) The City has received no comments, written or otherwise, responding to the mailed notices of the hearing on Minor Plan Review 10 -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 10 -4, as conditioned, 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 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 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 10 -4, subject to the following conditions: 1. Minor Plan Review 10 -4 is approved for a new 12' -0" wide by 12' -0" long by 12'- 0" high open beam patio trellis located within the required rear yard setback area at 208 Ocean Avenue, Seal Beach. 2 of 4 Planning Commission Resolution No. 10 -7 Minor Plan Review 10 -4 208 Ocean Avenue March 18, 2010 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 10 -4. 3. Building permits shall be obtained prior to commencement of construction of the approved structure. 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18th day of March 2010 by the following vote: AYES: Commissioners Deaton, Bello, Galbreath, Larson, and Massa - Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Ellery Deaton Chairperson, Planning Commission 3 of 4 Planning Commission Resolution No. 10 -7 Minor Plan Review 10 -4 208 Ocean Avenue March 18, 2010 Mark Persico, AICP Secretary, Planning Commission 4of4