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Home My WebLink AboutPC Res 08-31 - 2008-11-19 RESOLUTION NUMBER 08-31 o t9/ 6'h /tI4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 08-9, FOR A NEW FREESTANDING BARBECUE AND COUNTER STRUCTURES WITHIN THE REQUIRED SIDE YARD AND REAR YARD SETBACK AREAS AT 729 SOUTH SHORE DRIVE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 9, 2008, Ken Todd of TKR Construction, ("the applicant"), submitted an application for Minor Plan Review 08-9 with the Department of Development Services. Specifically, the applicant proposes to construct new freestanding barbecue and counter structures within the required side yard and rear yard setback areas. The barbecue and counter structures are approximately 11' wide by 2' -6' deep; the barbecue structure is approximately 56" high, while the counter structure is approximately 42" high. The barbecue structure is located in the northwest comer of the property, along the side and rear property lines and the counter structure is located at the side property line, approximately 8'-6" away from and parallel to the rear property line. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.B of the City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan Review 08-9 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 November 19, 2008, to consider the application for Minor Plan Review 08-9. Section 4. The record of the hearing on November 19, 2008, indicates the following: (a) On October 9,2008, Ken Todd ofTKR Construction, ("the applicant"), submitted an application for Minor Plan Review 08-9 with the Department of Development Services. 10f4 Planning Commission Resolution No. 08-3/ Minor Plan Review 08-9 729 South Shore Drive November /9, 2008 (b) Specifically, the applicant proposes to construct the applicant proposes to construct new freestanding barbecue and counter structures within the required side yard and rear yard setback areas. The barbecue and counter structures are approximately 11' wide by 2'-6' deep; the barbecue structure is approximately 56" high, while the counter structure is approximately 42" high. The barbecue structure is located in the northwest comer of the property, along the side and rear property lines and the counter structure is located at the side property line, approximately 8'-6" away from and parallel to the rear property line. (c) The subject property is located in the Residential Low Density (RLD) zone within the neighborhood generally referred to as "The Hill". (d) The surrounding land uses and zoning are as follows: NORTH: SOUTH: EAST: WEST: Single-family residences in the Residential Low Density (RLD) Zone Single-family residences in the Residential Low Density (RLD) Zone Single-family residences in the Residential Low Density (RLD) Zone Single-family residences in the Residential Low Density (RLD) Zone (e) The subject property is located on a sloped lot and is surrounded by other properties of a similar nature. The area where the barbecue and counter structures are to be located is relatively flat. The proposed barbecue and counter structures will be below the height of the perimeter block wall on the property and will not extend beyond the top of the perimeter block wall that separates properties, nor is it anticipated to adversely impact any abutting property. (f) The City received no comments, written or otherwise, responding to the mailed notices of the hearing on Minor Plan Review 08-9. 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 08-9, as conditioned, is consistent with the prOVIsIons of the Land Use Element of the City's General Plan, which provides a "Residential Low Density" designation 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 structures are an adequate distance from adjacent residences. 20f4 Planning Commission Resolution No. 08-3/ Minor Plan Review 08-9 729 South Shore Drive November 19,2008 Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 08-9, subject to the following conditions: 1. Minor Plan Review 08-9 is approved for barbecue and counter structures approximately 11' wide by 2'-6' deep; the barbecue structure is approximately 56" high, while the counter structure is approximately 42" high. The barbecue structure is located in the northwest comer of the property, along the side and rear property lines and the counter structure is located at the side property line, approximately 8'-6" away from and parallel to the rear property line at 729 South Shore Drive, Seal Beach. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 08-9. 3. Building permits shall be obtained for all approved structures requiring such permits. 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 harmless 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 19th day of November 2008 by the following vote: AYES: Commissioners Deaton, Bello, Delay, and Massa-lavitt NOES: Commissioners None ABSENT: Commissioners Eager ABSTAIN: Commissioners None 30f4 Lee Whittenberg Secretary, Planning Commissio ***** 4of4 Planning Commission Resolution No. 08-3/ Minor Plan Review 08-9 729 South Shore Drive November /9, 2008 r1~~ / Ellery Deaton Chairperson, Planning Commission