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Home My WebLink AboutPC Res 07-53 - 2007-09-19 OR/G/N4 A RESOLUTION OF THE PLANNING COMMISSION L. OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 07-24 FOR AN APPROXIMATELY 8 FEET BY 10 FEET IN LENGTH, 3 FEET DEEP, AND 42 INCH HIGH BUILT-TN BARBECUE AND BAR STRUCTURE; A 7 FEET HIGH BY 6 FEET WIDE BY 3 FEET DEEP FREESTANDING FIREPLACE; AND A 4 FEET IN DIAMETER, 18 INCH HIGH FIRE PIT, ALL TO BE LOCATED WITHIN THE REQUIRED REAR YARD SETBACK AREA AT 983 HERON CIRCLE, SEAL BEACH. RESOLUTION NUMBER 07-53 THE PLANNING. COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On August 13,2007, Alfonso & Blanca Madrid, ("the applicants"), submitted an applIcation for Mmor Plan Review 07-24 With the Department of Development Services. Specifically, the applIcant proposes to construct an approxllnately 8 feet by 10 feet in length, 3 feet deep, and 42 lllch high bmlt-lll barbecue and bar structure; a 7 feet high by 6 feet Wide by 3 feet deep freestanding fireplace; and a 4 feet m dIameter, 18 inch hIgh fire pit, to all be located within the required rear yard setback area at 983 Heron Circle, Seal Beach. Section 2. Pursuant to 14 Cahf. Code of Regs. ~ 15025(a) and ~ H.B of the CIty'S Local CEQA GUIdelines, staff has detemlined as follows: The applIcation for Minor Plan Review 07-24 is categoflcally exempt from review pursuant to the Califomia Environmental Quality Act pursuant to 14 Calif. Code of Regs. S 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (e) Accessory (appurtenant) structures mcludmg garages, carports, patios, swimming pools, and fences. S 15061 (b )(3), because it can be seen with certalllty that there is no possibilIty that the approval may have a sIgnificant effect on the environment. Section 3. A duly noticed heanng was held before the Plannlllg CommiSSIOn on September 19,2007 to conSider the application for Minor Plan Review 07-24 Section 4. The record of the hearing on September 19, 2007 Il1dlcates the following: 10f4 Plal/Illng C0Il1I1115SlOn ResolutIOn No 07-53 M/I1or Plan Review 07-24 - 983 Heron Circle September 19, 2007 (a) August 13, 2007, Alfonso & Blanca Madrid, ("the applicants"), submitted an application for Minor Plan Review 07-24 with the Department of Development Services. (b) Specifically, the applicant proposes to construct an approxImately 8 feet by 10 feet in length, 3 feet deep, and 42 Illch high bUllt-ll1 barbecue and bar structure; a 7 feet hIgh by 6 feet wide by 3 feet deep freestanding fireplace; and a 4 feet in diameter, 18 inch hIgh fire pit, to all be located wIthin the reqUIred rear yard setback area at 983 Heron Circle, Seal Beach. (c) The subJect property is located in tIle Specific Plan RegulatIon (SPR) Zone within the neighborhood generally referred to as "Heron Pomte". (d) The sUlTounding land llses and zOl1lng are as follows. NORTH: SOUTH. EAST: WEST: Open Space; Seal Beach Police Headquarters Sll1g1e-faJmly residences III the SpecIfic Plan RegulatIOn (SPR) Zone Single-faJmly reSIdences in the Specific Plan Regulation (SPR) Zone Single-famIly reSIdences III the Specific Plan Regulation (SPR) Zone (e) The subject property is located on a relatively flat lot and IS surrounded by propertIes of a SImIlar nature. The proposed bUilt-ill barbecue and bar structure, freestandll1g fireplace; and fire pit, as conditIOned, would not exceed the maXImum square footage and height allowed for accessory structures located within a reqlllred rear yard setback area. (t) The City has received no comments, wntten or other, respondmg to the notices ofthe hearing on MPR 07-24. SectIon 5. Based upon the facts contained in the record, including those stated in S 4 of this resolution, and pursuant to S 28-401 of the City's Code, the PlaJmmg CommissIOn hereby finds as follows: (a) Minor Plan ReView 07-24, 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 pemlits 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 m, the Land Use Element. Accordingly, the proposed use is consistent wIth the General Plan. (b) The proposed structures, as condItioned, are appropriate to the surroundmg neighborhood as the structures are an adequate dlstaJlce from adjacent residences. 20f4 Plan11lng COm/1USSlOn ResolutIOn No 07-53 Mmor Plan RevIew 07-24 - 983 Heron Circle September 19, 2007 Section 6. Based upon the foregomg, the Plannmg CommisslOn hereby approves Minor Plan RevIew 07-24, subject to the followmg conditions: 1. Minor Plan Review 07-24 is condltlonally approved for an approximately 8 feet by 10 feet m length, 3 feet deep, and 42 mch hIgh bmlt-in barbecue and bar structure; an approxImately 7 feet high, 6 feet wide, and 3 feet deep freestanding fireplace; and an approxImately 4 feet in dIameter, 18 mch hIgh fire pit, to all be located wlthm the required rear yard setback area at 983 Heron Circle. 2. All construction shall be in substantIal complIance WIth the plans approved through MlJ10r Plan ReVIew 07-24, as submitted. 3. Building permIts shall be obtained for the approved structures. 4. The applicant shall mdemnify, defend, and hold haml1ess the City, its officers, agents, and employees (collectIVely "the City" herem after) from any and all claims and losses whatsoever OCCUrrIng or resulting to any and all persons, fimls, or corporatIons fumIshmg or supplymg work, services, materials, or supplIes in connectIon WIth the performance of the use pernlltted hereby or the exerCIse ofthe rights granted herem, and any and all claims, lawslllts, or actions arismg 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, fiml, corporation, or property for damage, mJury, or death ansmg out of or connected WIth the performance of the use permitted hereby. Applicant's obhgation to indemmfy, 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 sllch claims, losses, lawsuits, or actlOns, expert witness fees, and any award of damages, judgments, verdIcts, court costs or attorneys' fees m any such lawsuit or action. 5. ThIS Mmor Plan ReVIew shall not become effectIve for any purpose unless an "Acceptance of Conditions" foml has been sIgned by the applIcant in the presence of the Director of Development SerVices, or notarized and returned to the Planmng Department, and untll the ten (10) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planmng CommlsslOn of the City 0 f Seal Beach at a meeting thereof held on the 19th day of September 2007 by the following vote. AYES: CommiSSioners Deaton, Bello, Delay, and Roberts NOES: Commissioners None ABSENT: Commissioners Massa-lavitt ABSTAIN. COllll1lissiollers None 30f4 ***** Plannmg CommiSSIOn ResolutIOn No 07-53 MlI10r Plan RevIew 07-24 - 983 Heron Cncle September 19.2007 Ellery Deaton ChaIrperson, Planning CommIssion 40f4