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HomeMy WebLinkAboutPC Res 03-32 - 2003-07-23 OlPUGfNAt RESOLUTION NO. 03-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 03-12, PERMITTING NEW CONSTRUCTION OF A FREESTANDING BBQ IN THE REAR AND SIDEYARD SETBACKS AT 3809 PLYMOUTH DRIVE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On June 19, 2003, Phuc Dang and Tiffany Ta submitted an application for Minor Plan Review 03-12. Specifically, the applicant is seeking Architectural Review of a proposal to construct new built in BBQ structure wIthin the rear and side yard setback areas of the subject property. 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 Mmor Plan Review 03-12 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303 (New Construction), because it involves the construction of an accessory structures; 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 hearing was held before the Planning Commission on July 23, 2003 to consider the application for Minor Plan ReVIew 03-12. Section 4. The record of the hearing on July 23,2003 indicates the followmg: (a) On June 19,2003, Phuc Dang and Tiffany Ta submitted an application for Minor Plan Review 03-12. (b) Specifically, the applicant is seeking Architectural Review of a proposal to construct new built in BBQ structure within the rear and side yard setback areas of the subject property. (c) The subject property is described as 199-163-06, and is located in the new residential development adjacent to the Old Ranch Country Club. (d) The surrounding land uses and zoning are as follows: o North, South and East: Single Family residential uses in the Residential Low Density Zone (RLD) o West: Seal Beach Boulevard. (e) The request is to construct a new 3-foot high, II-foot wide BBQ structure within the side yard setback area ofthe subject property. (f) review request. The CIty has received no written responses in opposition this minor plan Section 5. Based upon the facts contained in the record, including those stated in ~ 4 ofthis resolution, and pursuant to ~~ 28-1158 of the City's Code, the Planning Commission hereby finds as follows: a. Minor Plan Review 03-12, 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 Page 1 of 2 Plannmg Commlsszon Resolutzon 03-32 MPR 03-/2 3809 Plymouth Drive July 23, 2003 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 development as condItIoned complies with all development standards of the Residential Low Density (RLD) Zone. c. The proposed built in BBQ, as condItIoned, is appropriate to the surrounding neighborhood, as several similar structures have been approved at properties zoned Residential Low Density in the past. Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 03-12, subject to the following conditions: 1. Minor Plan Review 03-12 is approved for architectural review at 3809 Plymouth Drive, Seal Beach. The proposed project entails the construction of a 3 foot high freestanding BBQ and counter structure within the rear yard setback area ofthe subject property 2. All construction shall be in substantial compliance with the plans approved through MPR 03-12. 3. 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 penod has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 23rd day July 2003 by the following vote: AYES: Commissioners Sharp, Deaton, Ladner, and Shanks NOES: Commissioners None ABSENT: Commissioners None M~ Mac Cummins, Secretary Planning Commission Page 2 of 2