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Home My WebLink AboutPC Res 08-14 - 2006-04-23 RESOLUTION NUMBER 08-14 ORiS /4'4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 08-7 FOR A FREESTANDING BARBECUE AND COUNTER STRUCTURE, OUTDOOR FIREPLACE STRUCTURE, AND ATTACHED COVERED PATIO STRUCTURE TO BE LOCATED WITHIN THE REQUIRED REAR YARD SETBACK AREAS AT 974 HERON CIRCLE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On March 19, 2008, James and Brenda Heller, ("the applicants"), submitted an application for Minor Plan Review 08-7 with the Department of Development Services. Specifically, the applicant proposes to construct a freestanding barbecue and counter structure approximately 12 feet by 12 feet in size and 42" high; an outdoor fireplace structure approximately 7'-6" wide, 4' deep, and 12' high; and a covered patio structure approximately 18' by 22' in covered area and 12' high, all located approximately 5' from the rear property line, within the required rear yard setback area at 974 Heron Circle. Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9 lLB of the City's Local CEQA Guidelines, staff has detennined 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. 9 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (e) Accessory (appurtenant) 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 signi ficant effect on the envi ronm ent. Section 3. A duly noticed hearing was held before the Planning Commission on April 23, 2008 to consider the application for Minor Plan Review 08-7. Section 4. The record of the hearing on April 23, 2008 indicates the following: (a) On March 19, 2008, James and Brenda Heller, ("the applicants"), submitted an application for Minor Plan Review 08-7 with the Department of Development Services. lof4 Plalllling COII/missioll Resolutioll No. 08-14 Minor Plan Review 08-7 974 Heron Circle April 23, 2008 (b) Specifically, the applicants propose to construct a freestanding barbecue and counter structure approximately 12 feet by 12 feet in size and 42" high; an outdoor fireplace structure approximately 7'-6" wide, 4' deep, and 12' high; and a covered patio structure approximately 18' by 22' in covered area and 12' high, all located approximately 5' from the rear property line, within the required rear yard setback area at 974 Heron Circle. (c) The subject propeliy is located in the Specific Plan Regulation (SPR) Zone within the neighborhood generally refened to as "Heron Pointe". (d) The surrounding land uses and zoning are as follows: SOUTH: EAST: WEST: Single family residences in the Specific Plan Regulation (SPR) Zone; Seal Beach Police Headqualiers Single family residences in the Specific Plan Regulation (SPR) Zone Seal Beach Boulevard; Seal Beach Naval Weapons Station Single family residences in the Specific Plan Regulation (SPR) Zone NORTH: (e) The subject property is located on a relatively flat lot and is sunounded by properties of a similar nature. The proposed freestanding barbecue and counter structure; outdoor fireplace structure; and covered patio structure will be at or below the maximum square footage and height allowed for accessory structures located within a required rear yard setback area. (Q The City has received no comments, written or otherwise, responding to the notices of the hearing on MPR 08-7. Section 5. Based upon the facts contained in the record, including those stated in 9 4 of this resolution, and pursuant to g 28-40 I of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 08-7, 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 propeliy 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 structures are appropriate to the sunounding neighborhood as the structures are 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: 20f4 Planning Commission Resolution No. 08-14 Minor Plan Review 08-7 974 Heron Circle April 23, 2008 1. Minor Plan Review 08-7 is approved for a freestanding barbecue and counter structure, approximately 12 feet wide by 12 feet long and 42 inches high, located approximately 5 feet from the rear property line; an outdoor fireplace approximately 7 feet 6 inches wide, 4 feet deep, and an attached covered patio structure approximately 18' by 22' in covered area and 12' high, at 974 Heron Circle, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 08-7. 3. Building pennits shall be obtained for all approved structures requiring sllch permits. 4. This Minor Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" fornl 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 hannless 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 pernlitted 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 incllrred by legal cOllnsel 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 ofthe City of Seal Beach at a meeting thereof held on the 23rd day of April 2008 by the following vote: AYES: Commissioners Deaton, Bello, Delay, Massa-lavitt, and Roberts NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None 30[4 Lee .Whittenberg Secretary, Planning Commissio ***** 40f4 Planning Commission Resolution No. 08-14 Minor Plan Review 08-7 974 Heron Circle April 23, 2008 rbI/A"1 Q,/Jar~ / Ellery Deaton . Chairperson, Planning Commission