The URL can be used to link to this page

Home My WebLink AboutPC Res 07-24 - 2007-05-09 RESOLUTION NUMBER 07-24 OR/Sh /114< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 07-8, APPROVING A 36" HIGH, BAR AND BARBECUE STRUCTURE TO BE LOCATED AT THE SIDE PROPERTY LINE AND A 72" HIGH FIREPLACE STRUCTURE TO BE LOCATED APPROXIMATELY 30" FROM THE REAR PROPERTY LINE AND 30" FROM THE SIDE PROPERTY LINE AT 4533 FIR AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On March 29,2007, Richard Wilke, ("the applIcant"), submitted an application for Minor Plan Review 07-8 with the Depatiment of Development Services. Specifically, the appliCaIlt proposes to Install a 36" high, bar and barbecue stmcture to be located at the Side propeiiy lIne and a 72" high fireplace structure to be located approximately 30" from the rear property llne'and 30" from the Side property lme at 4533 Fir Avenue, Seal Beach. SectIon 2. PurSUaIlt to 14 CalIf. Code of Regs. ~ 15025(a) and ~ n.B of the City's Local CEQA Guidelmes, staffhas detenmned as follows: The applIcatIon for Mmor Plan Review 07-8 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 (a) single family residences not in conjunction with the bUlld1l1g of two or more such units. In urbamzed areas, up to three smgle-famIly resIdences may be constructed or converted under thiS exemptIOn ~ 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 May 9,2007 to consider the application for Mmor Plan Review 07-8. SectIon 4. The record of the heanng on May 9,2007 mdlcates the followmg. (a) On April 4, 2007, Richard WIlke, ("the applicant"), submitted an applIcatIOn for Minor Plan ReView 07-8 wIth the Department of Development Services. 10f4 Plann/llg CommlSSlO11 ResolutIOn No 07-24 M/Ilor Plan RevIew 07-8 - 4533 FIr Avenue May 9, 2007 (b) Specrlically, the applicant proposes to install a 36" high, bar and barbecue structure to be located at the side property line and a 72" high fireplace structure to be located approximately 30" from the rear property lme and 30" from the side property lIne at 4533 Fir Avenue, Seal Beach. (c ) The subject property is located in the Residential Low Density (RLD) Zone wIthin the neighborhood generally referred to as "College Pmk East". (d) The sUIToundmg land uses and zoning are as follows: NORTH: Smgle family residences in the ReSidential Low DenSity (RLD) zone SOUTH: Smgle famlly residences in the ReSidential Low Density (RLD) zone EAST: Smgle family reSIdences in the ReSidential Low Density (RLD) zone WEST: Smgle fannly reSIdences m the Residential Low DenSIty (RLD) zone (e) The subject property is located on a relatively flat lot and is surrounded by propel1Ies of a SImIlar nature. The proposed barbecue, bar, and fireplace would be at or below the heIght of the perimeter fencmg on the propel1y and will not extend beyond the top of the perimeter fence that separates properties. (f) The City has received no comments, wntten or other, responding to the notices of the hearing on MPR 07-8. SectIon 5. Based upon the facts contained in the record, including those stated m ~ 4 of thIS resolutIOn, and pursuant to g 28-401 of the City's Code, the PlaIUlmg CommIssion hereby finds as follows: (a) Minor Plan Review 07-8, as conditioned, IS consistent with the provisions of the Land Use Element ofthe City's General Plan, whIch proVIdes a "ResidentIal Low Density" designation for the subject property and pemlits the proposed development, subject to approval of a Minor Plan Review. The use is also consistent WIth the remaimng elements of the City's General Plan as the policies of those elements are consistent With, and reflected tn, tlle Land Use Element Accordmgly, the proposed use IS consistent with the General Plan. (b) The proposed structures, as conditioned, are appropnate to the surrounding neighborhood as the structures are all adequate distance [rom adjacent residences Section 6. Based upon the foregoing, the Plamling Commission hereby approves Minor Plan ReView 07-8, subject to the followmg conditions: 20f4 Planning CommissIOn ResolutIOn No 07-24 MlI10r Plan RevIew 07-8 - 4533 Fir Avenue May 9, 2007 1. Minor Plan Review 07-8 is approved for a 36" hIgh, bar and barbecue stnlcture to be located at the side property line; and a 72" high fireplace structure to be located 30" from the rear property lme and 30" from the rear property Ime at 4533 Fir Avenue, Seal Beach. 2. All constmctlOn shall be in substantial COmphallCe with the plans approved through Minor Plall Review 07-8. 3. BUlldmg permits shall be obtained for the approved stmctures 4. The apphcant shall indemmfy, defend, and hold harmless the CIty, its officers, agents, and employees (collectIvely "the CIty" hereinafter) from any and all claIms and losses whatsoever occumng or resultmg to any and all persons, fimls, or corporations fumIshmg or supplying work, services, matenals, or supplies m connectIon WIth the performance of the use permItted hereby or the exerCIse of the rights grallted herein, and any and all claims, lawsuits, or actions ansing from the grantmg of or the exercise of the nghts permitted by this Minor Plan ReVIew, and from any and all claims and losses occurring to any person, finn, corporation, or property for damage, mjury, or death arising out of or connected WIth the perfonnance of the use permItted hereby. ApplIcant's obligation to mdemmfy, defend, and hold harmless the CIty as stated herem shall include, but not be hmIted to, paying all fees and costs mcurred by legal counsel of the of the City's choice m representing the City in connectIOn WIth any such claIms, losses, laWSUIts, or actIOns, expert witness fees, and any aWal"d of danlages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or actIOn. 5. This Mmor Plan ReVIew shall not become effectIve for any purpose unless an "Acceptance of Conditions" form has been signed by the apphcant m the presence of the DIrector of Development Services, or notarized and retumed to the Planmng Department, and untIl the ten (10) day appeal penod has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the CIty of Seal Beach at a meeting thereof held on the 9th day of May 2007 by the following vote: AYES' CommIssIoners Deaton, Bello, Massa-Lavitt, and Roberts NOES. CommiSSIOners None ABSENT: Commissioners None ABSTAIN: Commissioners None 30f4 #:~~--- Lee Whittenberg Secretary, Planning Comn'I ssion **** 40f4 Planl1/1lg COmnllSSlO1l ResolutIOn No 07-24 MlI10r Plan Review 07-8 - 4533 Ftr Avenue May 9, 2007 ct..'-tA.'l Q4J..(~ / l1ery Deaton Chairperson, Planning Commission