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HomeMy WebLinkAboutPC Res 03-30 - 2003-07-09 RESOLUTION NO. 03-30 OR/G/,/lJ '1/4L A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 03-11, PERMITTING NEW CONSTRUCTION OF TWO DECKS LOCATED IN THE REAR YARD SETBACK AREA AND THE CONSTRUCTION OF A FREESTANDING BBQ AND FIREPLACE IN THE REAR AND SIDE YARD SETBACKS AT 112 OCEAN AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On June 10,2003, Brent Sears submItted an application for Mmor Plan Review 03-11. Specifically, the applicant is seeking to construct two decks off of the main house to be located approximately 10 feet into the rear yard setback area. The proposed edge of the first story deck is 87 feet from the rear property line; the proposed edge of the second story deck is 91 feet from the rear property line. The decks are not proposed to encroach into the side yard setback area at all. The applicant also seeks Architectural Review of a proposal to construct new built in BBQ and fireplace structures 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 Minor Plan Review 03-11 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 9,2003 to consider the application for Minor Plan Review 03-11. Section 4. The record of the hearing on July 9,2003 indicates the following: (a) Review 03-11. On June 10, 2003, Brent Sears submitted an application for Minor Plan (b) Specifically, the applicant is seeking to construct two decks off of the main house to be located approximately 10 feet into the rear yard setback area in conjunction with an Architectural Review of a proposal to construct new built in BBQ and fireplace structures within the rear and side yard setback areas of the subject property. (c) The subject property is described as 199-111-006, and is located along what is generally referred to as the "Gold Coast." (d) The surrounding land uses and zoning are as follows: o North & South: Single Family residential uses in the Residential Low Density zone (RLD) commonly referred to as the "Gold Coast. o West: Pacific Ocean and Municipal Beach in a Public Land Use/Recreation (PLU/R) Zone o East: Single family and multi-family housing in a residential high density (RHO) zone. (f) review request. The City has received no written responses in opposition this minor plan Page 1 of2 Plannmg CommlsslOn Resolution 03-30 Mmor Plan RevIew 03-11 112 Ocean Avenue July 9, 2003 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 03-11, 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 development as conditioned complies with all development standards of the Residential Low Density (RLD) Zone. c. The proposed decks, as conditioned, are appropriate to the surrounding neighborhood, as the Planning Commission has recently approved several similar projects. d. The proposed decks and built in BBQ and fireplace, as conditioned, are appropnate to the surrounding neighborhood, as several similar structures have been approved in the past. Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 03-11, subject to the following conditions: 1. Minor Plan Review 03-11 is approved for architectural review at 112 Ocean Avenue, Seal Beach. The proposed project entails the construction of two decks off of the main house to be located approximately 10 feet into the rear yard setback in conjunction with the construction of a 36 inch high freestanding BBQ & bar seating area structure within the rear yard setback area of the subject property. MPR 03-11 further includes the construction of a fireplace not to exceed 7 feet in overall height to be located in the rear and side yard setback areas. 2. All construction shall be in substantial compliance with the plans approved through MPR 03-11. 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 period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of July 2003 by the following vote: AYES: Commissioners Hood, Deaton, Ladner, Shanks, Sharp NOES: Commissioners None ABSENT: Commissioners None bl David Hood, Ph.D. Chairperson, Planning Co e Whittenber, ecretary lanning Commission Page 2 of2