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HomeMy WebLinkAboutPC Res 10-33 - 2010-09-01RESOLUTION NUMBER 10 -33 0)11G11VJ e A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 10 -12 FOR APPROVAL OF A ROCK WATERFALL FEATURE, IN CONJUNCTION WITH A NEW SWIMMING POOL, LOCATED WITHIN THE REQUIRED REAR YARD SETBACK AREA AT 1305 CRESTVIEW AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On July 19, 2010, John Zahn, ( "the applicant "), submitted an application for Minor Plan Review 10 -12 with the Department of Development Services. Specifically, the applicant proposes to construct a rock waterfall feature, in conjunction with a new swimming pool, within the required rear yard setback area of the property. The rock waterfall structure is approximately 8' -0" wide by 4' -0" deep and has a maximum height of 48 ". The rock waterfall structure is located approximately 4' -0" from the rear property line. 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 -12 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 September 1, 2010, to consider the application for Minor Plan Review 10 -12. Section 4 . The record of the hearing on September 1, 2010, indicates the following: (a) On July 19, 2010, John Zahn, ( "the applicant "), submitted an application for Minor Plan Review 10 -12 with the Department of Development Services. 1 of 4 Planning Commission Resolution No. 10 -33 Minor Plan Review 10 -12 1305 Crestview Avenue September 1, 2010 (b) Specifically, the applicant proposes to construct a rock waterfall feature, in conjunction with a new swimming pool, within the required rear yard setback area. The rock waterfall structure is approximately 8' -0" wide by 4' -0" deep, and has a maximum height of 48 ". The rock waterfall is proposed to be located approximately 4' -0" from the rear property line. (c) The subject property is located in the Residential Low Density (RLD) zone within the neighborhood generally referred to as "The Hill ". (d) The surrounding land uses and zoning are as follows: NORTH: Gum Grove Park; Hellman Wetlands open space SOUTH: Single- family residences in the Residential Low Density (RLD) Zone 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 mostly flat lot that slopes slightly downward at the rear of the lot. The proposed structures (including those which do not require Minor Plan Review approval) 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 Minor Plan Review 10 -12. 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 -12, 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 appropriate to the surrounding neighborhood distance from adjacent residences. structures, as conditioned, are as the structures are an adequate 2 of 4 Planning Commission Resolution No. 10 -33 Minor Plan Review 10 -12 1305 Crestview Avenue September 1, 2010 Section 6 . Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 10 -12, subject to the following conditions: Minor Plan Review 10 -12 is approved for rock waterfall structure approximately 8' -0" wide and 4' -0" deep, with a maximum height of 48 ", located within the rear yard setback area, approximately 4' -0" from the rear property line at 1305 Crestview Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 10 -12. 3. Building permits shall be obtained for all 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 1 st day of September 2010, by the following vote: AYES: Commissioners Deaton, Bello, Cummin and Massa- Lavitt NOES: Commissioners None 3 of 4 Planning Commission Resolution No. 10 -33 Minor Plan Review 10 -12 1305 Crestview Avenue September 1, 2010 ABSENT: Commissioners Galbreath ABSTAIN: Commissioners None Ellery Deaton Chairperson, Planning Commission Mark Persico, AICP Secretary, Planning Commission 4of4