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Home My WebLink AboutPC Res 10-42 - 2010-10-06RESOLUTION NUMBER 10-42 0)11G1,V 4 L A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 10 -14 FOR A NEW SWIMMING POOL SLIDE AND GROTTO AND A BARBECUE ISLAND LOCATED WITHIN THE REQUIRED SIDE YARD AND REAR YARD SETBACK AREAS AT 401 MARBLE COVE WAY, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On September 15, 2010, Christy Zidonis and Gary Meister, ( "the applicants "), submitted an application for Minor Plan Review 10 -14 with the Department of Development Services. Specifically, the applicants propose to construct a swimming pool slide and grotto, as well as a barbecue island, within the required rear yard and side yard setback areas, in conjunction with a new swimming pool and spa. The pool slide and grotto is approximately 10' -0" by 5' -0% is proposed to be approximately 8' -0" in height, and is located near the southwest corner of the property. The barbecue and counter structure encompasses an area of approximately 8' -0" by 5'- 0"; is approximately 42" high, and is located near the northwest corner of the property. 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 -14 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 October 6, 2010, to consider the application for Minor Plan Review 10- 14 Section 4 . The record of the hearing on October 6, 2010, indicates the following: Page 1 of 4 Planning Commission Resolution No. 10 -42 Minor Plan Review 10 -14 401 Marble Cove Way October 6, 2010 (a) On September 15, 2010, Christy Zidonis and Gary Meister, ( "the applicants "), submitted an application for Minor Plan Review 10 -14 with the Department of Development Services. (b) Specifically, the applicants propose to construct a swimming pool slide and grotto, as well as a barbecue island, within the required rear yard and side yard setback areas, in conjunction with a new swimming pool and spa. The pool slide and grotto is approximately 10' -0" by 5' -0 ", is proposed to be approximately 8' -0" in height, and is located near the southwest corner of the property. The barbecue and counter structure encompasses an area of approximately 8' -0" by 5'- 0"; is approximately 42" high, and is located near the northwest corner of the property. (c) The subject property is located in the Residential Low Density (RLD) zone within the neighborhood generally referred to as "The Coves ". (d) The surrounding land uses and zoning are as follows: NORTH: Single- family residences within the Residential Low Density (RLD) Zone SOUTH: Pacific Coast Highway; commercial /retail uses within the General Commercial (C -2) Zone EAST: Single- family residences within the Residential Low Density (RLD) Zone WEST: Commercial /retail uses within the Service Commercial (C -1) 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. (f) The City has received no comments, written or otherwise, responding to the mailed notices of the hearing on Minor Plan Review 10 -14. 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 -14, 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. Page 2 of 4 Planning Commission Resolution No. 10 -42 Minor Plan Review 10 -14 401 Marble Cove Way October 6, 2010 (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 -14, subject to the following conditions: 1. Minor Plan Review 10 -14 is approved for an approximately 8' -0" high swimming pool slide and grotto located approximately 11' -0" from the rear of the property, and an approximately 42" high barbecue island, located approximately 3' -0" from the side property line at 401 Marble Cove Way, Seal Beach. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 10 -14. 3. Building permits shall be obtained for all approved structures requiring such permits. 4. The swimming pool slide and grotto shall be constructed such that it maintains a 1:1 ratio between structure height and distance from perimeter walls. 5. 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. 6. 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. Page 3of4 Planning Commission Resolution No. 10 -42 Minor Plan Review 10 -14 401 Marble Cove Way October 6, 2010 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of October 2010, by the following vote: AYES: Commissioners Deaton, Cummings, and Galbreath NOES: Commissioners None ABSENT: Commissioners Bello and Massa - Lavitt ABSTAIN: Commissioners None / Ellery Deaton Chairperson, Planning Commission Mark Persico, AICP Secretary, Planning Commission Page 4 of 4