HomeMy WebLinkAboutPC Res 07-56 - 2007-09-19
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A RESOLUTION OF THE PLANNING COMMISSION 1>/A J
OF THE CITY OF SEAL BEACH APPROVING ' ~/
MINOR PLAN REVIEW 07-25 FOR AN <.
APPROXIMA TEL Y 5 FEET BY 12 FEET IN
LENGTH, 3 FEET DEEP, AND 42 INCH HIGH,
BUILT-IN BARBECUE AND BAR STRUCTURE TO
BE LOCATED APPROXIMATELY 6 FEET FROM
THE REAR PROPERTY LINE AND 5 FEET FROM
THE NORTH SIDE PROPERTY LINE AT 944 BLUE
HERON, SEAL BEACH.
RESOLUTION NUMBER 07-56
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
SectIOn 1. On August 17,2007, Ricardo Abanlel, ("the applicant"), submitted
an apphcation for Minor Plan Review 07-25 with the Department of Development ServIces.
SpecIfically, the applicallt proposes 10 bUIld an approxImately 5 feet by 12 feet m length, 3 feet
deep, and 42 lI1ch high bUIlt-in barbecue and bar structure to be located approximately 6 feet
from the rear property line and 5 feet from the north SIde property hne at 944 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 Gmdehnes, staff has determined as follows: The applIcatIon for Minor Plan
Review 07-25 IS categoncally exempt from revIew pursuant to the CalIforma Environmental
Quality Act pursuant to 14 Calif. Code of Regs. S 15303 NEW CONSTRUCTION OR
CONVERSION OF SMALL STRUCTURES (e) Accessory (appurtenant) structures includmg
garages, carports, patios, sWllnmmg pools, and fences. S 15061(b)(3), because It can be seen
wIth certamty that there IS no POSSlbIhty that the approval may have a significant effect on the
enviromnent
SectIon 3. A duly noticed hearing was held before the Planmng CommissIon
on September 19, 2007 to consider the apphcatIon for Mmor Plan ReVIew 07-25.
Section 4.
The record of the hearing on September 19, 2007 indIcates the
followmg:
(a) On August 17, 2007, Ricardo Aballlel, ("the applIcant"),
submItted an apphcatIOn for Minor Plan ReView 07-25 With the Department of Development
ServIces.
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Planl1lng COll/mlSSlO1l ResolutIOn No 07-56
MlI10r Plan Review 07-25 - 944 Blue Heron
September /9. 2007
(b) Specifically, the applIcant proposes to construct a 5 feet by
12 feet in length, 3 feet deep, and 42 Illch high bU11t-m barbecue and bar structure to be located
approximately 6 feet from the rear property line and 5 feet from the north SIde property lme at
944 Blue Heron, Seal Beach
(c) The subJect propeliy is located 111 the SpecIfic Plan
Regulation (SPR) Zone within the neighborhood generally referred to as "Heron Pomte".
(d) The surrounding land uses and zOning are as follows:
NORTH:
SOUTH:
EAST
WEST:
Single-family residences m the Specific Plan Regulation (SPR) Zone
Single-family reSidences m the SpecIfic Plan Regulation (SPR) Zone
Smgle-famlly residences in the SpecIfic Plan Regulation (SPR) Zone
Single-fanlIly residences in 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 bU11t-m barbecue structure will be at
or below the maximum square footage and heIght allowed for accessory structures located within
a required rear yard setback area.
(f) The City has receIved no comments, wntten or other,
responding to the notIces of the hearing on MPR 07-25.
Section 5. Based upon the facts contamed m the record, mcludlllg those stated
m S 4 of thIS resolution, and pursuant to S 28-401 of the City's Code, the Planning CommiSSIOn
hereby finds as follows:
(a) Mlllor Plan Review 07-25, 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 propeIiy and permits the proposed
development, subject to approval of a Mmor Plan Review. The use IS also conSIstent With the
remamlllg elements of the CIty'S General Plan as the policies of those elements are consistent
with, and reflected m, the Land Use Element Accordmgly, the proposed use IS consistent WIth
the General Plan.
(b) The proposed structures, as conditioned, are appropriate to
the surrounding neighborhood as the stmctures are an adequate distance from adJacent
residences.
Section 6 Based upon the foregomg, the Planning CommiSSIOn hereby
approves Mmor Plan Review 07-25, subJect to the followmg conditions:
1. Minor Plan Review 07-25 is conditionally approved for an approxllnately 5 feet by 12 feet
in length, 3 feet deep, and 42 inch hIgh built-in barbecue and bar structure to be located
approximately 6 feet from the rear yard setback area and 5 feet from the north SIde property
line at 944 Blue Heron.
20f3
Plan1/lng CommiSSIOn ResolutIOn No 07-56
Mlllor Plan Review 07-25 - 944 Blue Heron
September 19. 2007
2. All constructIOn shall be in substantIal complIance with the plans approved through Mmor
Plan RevIew 07-25, as submItted.
3. Building pennits shall be obtamed for the approved structures
4 The applicant shall indemnify, defend, and hold ha11111ess the CIty, its officers, agents, and
employees (collectIvely "the City" heremafier) from any and all clanns and losses
whatsoever occurring or resulting to any and all persons, fi1111S, or corporatIons fU111Ishing
or supplying work, services, materials, or supphes in connectIon with the perfornlance of
the use pernlltted hereby or the exercise of the rights granted herem, and any and all clall11s,
lawsuits, or actions arlsmg from the granting of or the exerCIse of the nghts pen111tted by
thiS Mmor Plan Review, and from any and all claims and losses occurrmg to any person,
firm, corporation, or property for damage, mjury, or death ansmg out of or connected wIth
the performance of the use permItted hereby. Apphcant's obligation to indem11lfy, defend,
and hold harnlless the CIty as stated herem shall include, but not be 11l111ted to, paying all
fees and costs incurred by legal counsel of the of the CIty'S choice in representmg the City
m COlmectlon with any such claIms, losses, lawsmts, or actIons, expert witness fees, and
any award 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" fonn has been signed by the applicant In the presence of the Director of
Development SerVIces, or notanzed and returned to the Planning Department, and until the
ten (10) day appeal penod has elapsed.
PASSED, APPROVED AND ADOPTED by the Plannmg CommIssion of the City of Seal Beach
at a meetmg thereof held on the 19th day of September 2007 by the fol1owmg vote'
AYES: Commissioners Deaton, Bello, Delay, and Robel1s
NOES: CommiSSioners None
ABSENT: Coml111ssIOners Massa-Lavitt
ABST AIN: C0I111111SSIOners None
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Chairperson, Planmng CommissIOn
Lee Whittenberg
Secretary, Plannmg Comnlls
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