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Home My WebLink AboutPC Res 07-35 - 2007-06-06 RESOLUTION NUMBER 07-35 O~h 6'~ ~< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 07-14, APPROVING A 36" HIGH BARBECUE AND A 42" HIGH BAR TABLE TO BE LOCATED AT THE SOUTHERN SIDE PROPERTY LINE AND EXTEND APPROXIMA TEL Y 8' - 6" A WAY FROM THE SOUTHERN SIDE PROPERTY LINE INTO THE BACKYARD AT 933 BLUE HERON, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On May 3, 2007, Robert B. Grbavac, ("the applicant"), submitted an application for Minor Plan Review 07-14 with the Department of Development Services. Specifically, the applicant proposes to install a 36" high barbecue and 42" high bar table within the 5-foot side yard setback area. The barbecue and bar table are proposed to be located at the side property line and extend approximately 8' -6" away from the side property line into the backyard at 933 Blue Heron, Seal Beach. Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9 ILB of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 07-14 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (e) Accessory (appUlienant) structures including garages, carports, patios, swimming pools, and fences. 9 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 6,2007 to consider the application for Minor Plan Review 07-14. Section 4. The record of the hearing on June 6, 2007 indicates the following: (a) On May 3, 2007, Robert B. Grbavac, ("the applicant"), submitted an application for Minor Plan Review 07-14 with the Department of Development Services. (b) Specifically, the applicant proposes to install a 36" high barbecue and 42" high bar table within the 5-foot side yard setback area. The barbecue and bar 10f3 Planning Comnussion Resolutwn 07-35 Minor Plan Review 07-14 - 933 Blue Heron June 6, 2007 table are proposed to be located at the side property line and extend approximately 8' -6" away from the side property line into the backyard at 933 Blue Heron, Seal Beach. (c) The subject property is located in the Specific Plan Regulation (SPR) Overlay Zone within the neighborhood generally referred to as "Heron Pointe". The underlying zoning of the property is Residential Low Density (RLD). (d) The surrounding land uses and zoning are as follows: NORTH: SOUTH: EAST: WEST: Single family residences in the Specific Plan Regulation (SPR) zone Single family residences in the Specific Plan Regulation (SPR) zone Single family residences in the Specific Plan Regulation (SPR) zone A public access trail and a 100 acre deed restricted property for future wetlands restoration. (e) The subject property is located on a relatively flat lot and is surrounded by properties of a similar nature. The proposed barbecue and bar table would be below the height of the perimeter fencing on the property and will not extend beyond the top of the perimeter fence that separates properties. (f) The City has received no comments, written or other, responding to the notices of the hearing on MPR 07-14. 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 07-14, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential Low Density" underlying zoning for the subject property and pennits 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 Plmming Commission hereby approves Minor Plan Review 07-14, subject to the following conditions: 1. Minor Plan Review 07-14 is approved for a 36" high barbecue and a 42" high bar table within the 5-foot side yard setback area. The barbecue and bar table are proposed to be located at the side property line and extend approximately 8'-6" away from the side property line into the backyard at 933 Blue Heron, Seal Beach. 2 of3 Planning Commission Resolution 07-35 Minor Plan Review 07-/4 - 933 Blue Heron June 6. 2007 2. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 07-14. 3. Building pennits shall be obtained for the approved structures. 4. The applicant shall indemnify, defend, and hold hamlless the City, its officers, agents, and employees (collectively "the City" hereinafter) [rom 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 to any person, firm, corporation, or property for damage, injury, or death arising out of or connected with the performance of the use pennitted 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 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. 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 6th day of June 2007 by the following vote: AYES: Commissioners Deaton, Bello, Massa-Lavitt, and Roberts NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None c1~ &uzU:n2 ,/ Ellery Deaton Chairperson, Planning Commission , Lee Ittenberg Secretary, Planning Commiss' on 30f3