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HomeMy WebLinkAboutPC Res 02-32 - 2002-07-17 RESOLUTION NO. 02-32 ORIGINAL A RESOLUTrON OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 02-3, PERMITIING NEW CONSTRUCTION OF A PATIO COVER TO BE LOCATED IN THE REAR YARD SETBACK AT 12284 OLD HARBOR COURT, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On June 13,2002, Tom Willingham ("The Applicant") submitted an application for Minor Plan Review 02-3 with the Department of Development Services. The applicants sought to add a new patio cover to be located in the rear yard setback at 12284 Old Harbor Ct., Seal Beach. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review No. 02-3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303 bceause it involves the addition of an accessory structure; and, pursuant to ~ 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 hcaring was held before the Planning Commission on July 17, 2002 to consider Minor Plan Review 02-3. Section 4. The record of the hearing indicates the following: (a) On June 13, 2002, Tom Willingham submitted an application for Minor Plan Review 02-3. (b) Specifically, the applicant is secking to add a new patio cover to be located within the rear yard setback. The patio cover will stand approximately 10 feet tall and will be located 3 feet from the rear property hne. (c) The subject property is located in the Rcsidcntial Low Density zone m the portion ofthe City referred to as Old Ranch. (d) The subject property is rectangular in shape and has approximately 4985 square feet. (e) The surrounding land uses are as follows: SOUTH Residential Housing in the Residential Low Density zone and thc Bixby Old Ranch Town Center NORTH Residential Housing in the Residential Low Density zone and residential housing in the City of Los Alamitos EAST Residential Housing in the RLD zone and the Los Alamitos Armed Forces Rescrve Base WEST Residential Housmg in the RLD zone and Rossmoor Centcr (across Seal Beach Blvd.) (f) Staff has rcecived no responses, written or other, to its mailed notice regarding Minor Plan Review 02-3. SectIon 5. Based upon the evidence in the record, including the facts stated in ~ 4 ofthis resolution and pursuant to ~ 28-401 of the City's Code, the Planning Commission hereby finds as follows: Planning CommissIOn Resolution No. 02-32 MlIIor Plan Review 02-3 12284 Old Harbor Court (a) Minor Plan Review 02-3 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "low density residential" dcsignation for the subject property and permits single family residential uses. The use is also consistent with the remaining elements of the City's Gcncral Plan as the policies ofthose elements arc eonsistent with, and reflected in, the Land Use Elcment. Accordingly, the proposed use is consistent with the General Plan. Section 6. Based on the foregoing, the Planning Commission hereby approves Minor Plan Review 02-3, subject to the following conditions: 1. Minor Plan Review 02-3 is approved for the addition of a detached patio cover, to be located 3 feet from the rear property line, and to stand approximately 10 feet tall. 2. All construction shall be in substantial compliance with the plans approved through MPR 02-3. The minimum &ide yard setback shall be five (5) feet. 3. This Minor Plan Review shall not become efIeetive for any purpose unless an "Aeecptanee of Conditions" form has been signed by the applicant in the presence ofthe Director of DevelopmCl1t Services, or notarized and remrned to thc Planning Department; and until the ten (l0) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission ofthe City of Seal Beach at a meeting thereofheld on the 17th day of July, 2002, by the following vote: AYES: Commissioncrs Deaton, Hood, Ladner, Shanks, Sharp NOES: Commissioners ABSENT: Commissioncrs David Hood, Ph.D., Chai Planning Commission / Whittenberg, Secretary Planning Commission Page 2