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Home My WebLink AboutPC Res 10-26 - 2010-07-07RESOLUTION NUMBER 10 -26 O,Q 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH ` APPROVING MINOR PLAN REVIEW 10 -9 FOR A NEW ARTIFICIAL ROCK WATERFALL IN CONJUNCTION WITH A NEW SWIMMING POOL; A NEW PRE - FABRICATED FIREPLACE; AND A NEW BARBECUE AND COUNTER, ALL WITHIN THE REQUIRED REAR YARD AND SIDE YARD SETBACK AREAS AT 12274 BRIDGEWATER WAY, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On May 18, 2010, Michelle Reddy, ( "the applicant "), submitted an application for Minor Plan Review 10 -9 with the Department of Development Services. Specifically, the applicant proposes to construct a new 5' high artificial rock waterfall in conjunction with a new swimming pool; a 7' high pre- fabricated fireplace; and a 3' high barbecue and counter structure, all within the required rear yard and side yard setback areas. The barbecue /counter structure is approximately 7' long by 7' wide by 3' deep, and is approximately 3' high; the rock waterfall is approximately 8' wide and located approximately 3' from the side yard property line; and the fireplace is approximately 6' wide and located approximately 1' from the side and rear yard property lines. 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 -9 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 June 16, 2010, to consider the application for Minor Plan Review 10 -9. Section 4 . The record of the hearing on June 16, 2010, indicates the following: 1 of 4 Planning Commission Resolution No. 10 -26 Minor Plan Review 10 -9 12274 Bridgewater Way July 7, 2010 (a) On May 18, 2010, Michelle Reddy, ( "the applicant "), submitted an application for Minor Plan Review 10 -9 with the Department of Development Services. (b) Specifically, the applicant proposes to construct a new 5' high artificial rock waterfall in conjunction with a new swimming pool; a 7' high pre- fabricated fireplace; and a 3' high barbecue and counter structure, all within the required rear yard and side yard setback areas. The barbecue /counter structure is approximately 7' long by 7' wide by 3' deep, and is approximately 3' high; the rock waterfall is approximately 8' wide and located approximately 3' from the side yard property line; and the fireplace is approximately 6' wide and located approximately 1' from the side and rear yard property lines. (c) The subject property is located in the Residential Medium Density (RMD) zone within the area generally referred to as "Old Ranch" (Centex Homes). (d) The surrounding land uses and zoning are as follows: NORTH: Flood control channel; City of Seal Beach boundary; City of Los Alamitos SOUTH: Single- family residences in the Residential Medium Density (RMD) Zone EAST: Single- family residences in the Residential Medium Density (RMD) Zone WEST: Single- family residences in the Residential Medium Density (RMD) Zone (e) The subject property is located in a developed, single - family residential neighborhood on a relatively flat lot. The proposed structures are not anticipated to have any adverse impacts to adjacent properties and all structures, with the exception of the fireplace, 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 Minor Plan Review 10 -9. Section 5 . Based upon the facts contained in the record, including those stated in § 4 of this resolution, and pursuant to §28 -401 and §28 -700 of the City's Code the Planning Commission hereby finds as follows: (a) Minor Plan Review 10 -9, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential Medium Density" designation for the subject property and permits the proposed development, subject to approval of a Minor Plan Review. The use is also 2 of 4 Planning Commission Resolution No. 10 -26 Minor Plan Review 10 -9 12274 Bridgewater Way July 7, 2010 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 -9, subject to the following conditions: Minor Plan Review 10 -9 is approved for an artificial rock waterfall approximately 5' high and 8' wide located within the side yard setback area; a pre- fabricated fireplace approximately 7' high and 6' wide and located within the required side and rear yard setback areas;, and a barbecue and counter structure approximately 7' long by 7' wide and approximately 3' high located within the rear yard setback area at 12274 Bridgewater Way, Seal Beach. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 10 -9. 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. 3 of 4 Planning Commission Resolution No. 10 -26 Minor Plan Review 10 -9 12274 Bridgewater Way July 7, 2010 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of July 2010 by the following vote: AYES: Commissioners Deaton, Bello, Galbreath, and Massa- Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None ,e 9AZ40"Qe'a2�0f- Ellery Deaton Chairperson, Planning Commission Mark Persico, AICP Secretary, Planning Commission 4 of 4