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HomeMy WebLinkAboutPC Res 00-05 - 2000-01-19 .~.~,. ,-.--;. RESOLUTION NO. 00-5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 00-2, .PERMITTING A PREVIOUSLY CONSTRUCTED DECK LOCATED IN THE REAR YARD SETBACK AT 1733 CRESTVIEW, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On December 20, 1999, Terri Myers ("The Applicant;') submitted an application for Minor Plan Review 00-2 with the Department of Development Services. The applicants sought to permit a previously unpermitted deck constructed in the rear yard setback at 1733 Crestview, Seal Beach. Section 2. Pursuant to 14 Calif Code of Regs. 9 15025(a) and 9 II. A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review No. 99-8 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif Code of Regs. .915303 because it involves the addition of an accessory structure; and, pursuant to 9 15061 (b )(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect oti the environment. Section 3. A duly noticed hearing was held before the Planning Commission on January 19, 2000 to consider Minor Plan Review 00-2 and was continued until May 3, 2000. Section 4. The record of the hearing indicates the following: (a) On December 20,2000, Terri Myers submitted an application for Minor Plan Review 00-2. (b) Specifically, the applicant is seeking to permit a previously constructed, but unpermitted, deck located within the rear yard setback. (c) The subject property is legally described as Orange County Assessor's Parcel Number 199-151-15 and is located in the Residential Low Density zone on what is commonly referred to as "The Hill." (d) The subject property is roughly trapezoidal in shape. (e) The subject property is bordered on the South, East, and West by residential housing in the Residential Low Density zone. To the North, the subject property is bordered by the Hellman Ranch Property in a Specific Plan Zone, and the Boeing Facility in a Light Manufacturing (M-l) zone. (f) Staff has received no responses, written or other, to its mailed notice regarding Minor Plan Review 00-2. Section 5. Based upon the evidence in the record, including the facts stated in 94 of this resolution and pursuant to 9 28-401 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 00~2 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "low density residential" designation for the subject property and permits single family residential uses. 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. Section 6. Based on the foregoing, the Planning Commission hereby approves Minor Plan Review 00-2, subject to the following conditions: .?-- ...-~ - ... Planning Commission Resolution No. 00-5 1. All materials currently be stored underneath the deck shall be removed and placed elsewhere, in a suitable storage location. The underside of the deck shall not, at any point in the future, be used for storage. In addition, all landscape debris must be removed and the rear yard below the block wall kept free from accumulation of overgrown vegetation.. 2. As per section 5-3B of the City Code, after the fact building fees shall be double the regular amount. This means that the building permit fee shall be double for this deck. 3. The applicant shall have 4 months from the approval of this Minor Plan Review to apply for and receive a building permit for the deck. 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 19th day ofJanuary, 2000, by the following vote: AYES: Commissioners Clltllli. Hood. and lyon NOES: Commissioners Brown ABSENT: C,ommissioners Nonp Dave Hood, Ph.D., Chairman Planning Commission Whittenberg, Secretary Panning Commission Page 2