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Home My WebLink AboutPC Res 09-08 - 2008-02-18 RESOLUTION NUMBER 09-8 o t9;; 6'~ '4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 09-3 FOR A NEW DETACHED OPEN-BEAM PATIO STRUCTURE TO BE LOCATED WITHIN THE REQUIRED REAR YARD AND SIDE YARD SETBACK AREAS; AND A FREE STANDING BARBECUE STRUCTURE TO BE LOCATED WITHIN THE REQUIRED SIDE YARD SETBACK AREA AT 1741 CRESTVIEW AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On January 20, 2009, Nicole Pincek, ("the applicant"), submitted an application for Minor Plan Review 09-3 with the Department of Development Services. Specifically, the applicant proposes to construct a new detached open beam patio structure to be located within the required rear yard and side yard setback areas; and a free standing barbecue structure to be located within the required side yard setback area at 1741 Crestview Avenue. The patio structure is approximately 19' by 19' and approximately 10' high. The open roof area is approximately 343 square feet. This structure is located approximately 4' -6" from the side yard property line at the closest point and approximately 5' from the rear property line. The barbecue structure is approximately 10' wide by 4' -6" deep and 42" high, and is located adjacent to the open beam patio structure, approximately 3' from the side yard setback area at its closest point. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and 9 II.B of the City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan Review 09-3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 9 9 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 February 18, 2009, to consider the application for Minor Plan Review 09-3. Section 4. The record of the hearing on February 18, 2009, indicates the following: (a) On January 20, 2009, Nicole Pincek, ("the applicant"), submitted an application for Minor Plan Review 09-3 with the Department of Development Services. 10f4 Planning Commission Resolution No. 09-8 Minor Plan Review 09-3 J 74 J Crestview A venue Februmy 18, 2009 (b) Specifically, the applicant proposes to construct a new detached accessory open beam patio structure to be located within the required rear yard and side yard setback areas; and a free standing barbecue structure to be located within the required side yard setback area. The patio structure is approximately 19' by 19' and approximately 10' high. The open roof area is approximately 343 square feet. The barbecue structure is approximately 10' wide by 4'-6" deep and 42" high, and is located within the side yard setback area, adjacent to the open beam patio structure. (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: WEST: Open space; 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; Seal Beach Boulevard; Naval Weapons Station Single family residences in the Residential Low Density (RLD) Zone NORTH: SOUTH: EAST: (e) The subject property is located in a developed, single- family residential neighborhood on a relatively flat lot. The proposed detached open beam patio cover and barbecue structure are not anticipated to have any adverse impacts to adjacent properties. The barbecue structure will be below the height of the existing perimeter wall. The proposed open beam patio cover will extend above the height of the perimeter wall, but meets all of the requirements for a Minor Plan Review approval. (t) The City received no comments, written or otherwise, responding to the mailed notices ofthe hearing on Minor Plan Review 09-3. 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 09-3, 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 structures, as conditioned, are appropriate to the surrounding neighborhood as the structures are an adequate distance from adjacent residences. 20f4 Planning Commission Resolution No. 09-8 Minor Plan Review 09-3 174/ Crestview Avenue February 18, 2009 Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 09-3, subject to the following conditions: 1. Minor Plan Review 09-3 is approved for a new detached accessory open beam patio structure to be located within the required rear yard and side yard setback areas; and a free standing barbecue structure to be located within the required side yard setback area. The patio structure is approximately 19' by 19' and approximately 10' high. The open roof area is approximately 343 square feet. The barbecue structure is approximately 10' wide by 4'-6" deep and 42" high, and is located within the side yard setback area, adjacent to the open beam patio structure at 1741 Crestview Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the submitted plans approved through Minor Plan Review 09-3. 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 aU 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 aU 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 18th day of February 2009 by the following vote: AYES: Commissioners Deaton, Bello, Larson, and Massa-Lavitt NOES: Commissioners None 30f4 ABSENT: Commissioners Eagar Planning Commission Resolution No. 09-8 Minor Plan Review 09-3 1741 Crestview A venue FebrualY f 8, 2009 ABSTAIN: Commissioners None Lee Whittenberg Secretary, Planning Commission ***** 40f4 d~./ ~"~ (U(2t.a:rnJ / lery Deaton Chairperson, Planning Commission