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Home My WebLink AboutPC Res 08-02 - 2008-01-23 RESOLUTION NUMBER 08-2 OR/S/;1/, '4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 08-2 FOR A FREESTANDING BARBECUE AND COUNTER STRUCTURE, TO BE LOCATED WITHIN THE REQUIRED REAR YARD AND SIDE YARD SETBACK AREAS AT 923 HERON CIRCLE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 14, 2007, Scott and Sheri Olson, ("the applicants"), submitted an application for Minor Plan Review 08-2 with the Department of Development Services. Specifically, the applicant proposes to construct a freestanding barbecue and counter structure approximately 7 feet by 9 feet long, 3 feet deep, and 42 inches high, located approximately 3 feet from the north side property line and 3 feet from the rear property line, within the required rear yard and side yard setback areas at 923 Heron Circle. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 08-2 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 (e) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. ~ 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 January 23,2008 to consider the application for Minor Plan Review 08-2. Section 4. The record of the hearing on January 23, 2008 indicates the following: (a) On December 14, 2007, Scott and Sheri Olson, ("the applicants"), submitted an application for Minor Plan Review 08-2 with the Department of Development Services. (b) Specifically, the applicants propose to construct a freestanding barbecue and counter structure approximately 7 feet by 9 feet long, 3 feet deep, and 10f4 Planning Commission Resolution 08-2 Minor Plan Review 08-2 923 Heron Circle January 23, 2008 42 inches high, located approximately 3 feet from the north side property line and 3 feet from the rear property line, within the required rear yard and side yard setback areas at 923 Heron Circle. (c) The subject property is located in the Specific Plan Regulation (SPR) Zone within the neighborhood generally referred to as "Heron Pointe". (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 Single family 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 freestanding barbecue and counter 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, written or other, responding to the notices of the hearing on MPR 08-2. 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 08-2, 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 permits 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 structure, as conditioned, is appropriate to the surrounding neighborhood as the structure is an adequate distance from adjacent residences. Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 08-2, subject to the following conditions: 1. Minor Plan Review 08-2 is conditionally approved for a freestanding barbecue and counter structure, approximately 7 feet by 9 feet in length, 3 feet deep, and 42 inches high, located approximately 3 feet from the rear property line and 3 feet from the north side property line at 923 Heron Circle, Seal Beach. 20f4 Planning Commission Resolution 08-2 Minor Plan Review 08-2 923 Heron Circle Janumy 23, 2008 2. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 08-2, as submitted. 3. Building permits shall be obtained for the approved structure. 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. 5. The applicant shall indemnify, defend, and hold hamlless the City, its officers, agents, and employees (collectively "the City" hereinafter) from 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 permitted 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 23rd day of January 2008 by the following vote: AYES: Commissioners Roberts, Bello, Delay, and Massa-lavitt NOES: Commissioners None ABSENT: Commissioners Deaton ABSTAIN: Commissioners None 30f4 Lee ittenberg Secretary, Planning Commissi ' Planning Commission Resolution 08-2 Minor Plan Review 08-2 923 Heron Circle Janumy 23, 2008 ***** 40f4