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HomeMy WebLinkAboutPC Res 03-14 - 2003-04-09 OR/S/Ik A RESOLUTION OF THE PLANNING COMMISSION '4< OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 03-4, PERMITTING NEW CONSTRUCTION OF A FREESTANDING BBQ AND FIREPLACE IN THE REAR AND SIDEY ARD SETBACKS AT 755 CARMEL AVENUE, SEAL BEACH. RESOLUTION NO. 03-14 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On March 4, 2003, John and Sandra Wing submitted an application for Minor Plan Review 03-4. SpecIfically, the applicant is seeking Architectural ReVIew of a proposal to construct new built in BBQ and fireplace structures within the rear and side yard setback areas ofthe 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 03-4 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 April 9, 2003 to consider the application for Minor Plan ReVIew 03-4. Section 4. The record of the hearing on April 9, 2003 indicates the following: (a) On March 4, 2003, Jim Watson submitted an application for Minor Plan Review 03-4. (b) Specifically, the applicant is seeking 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 199-121-28, and is located on what is generally referred to as "The Hill." (d) The surrounding land uses and zoning are as follows: CJ North, South East and West: Single Family residential uses in the Residential Low Density zone (RLD) commonly referred to as "The Hill." (e) The request is to construct a new 42" high, 10 foot wide BBQ structure within the side yard setback area of the subject property, in conjunction with the rear yard landscape and hardscape plan. The request further includes the installation of a 9- foot tall fireplace to be located in the rear and side yard setback areas. No portion of the fireplace will exceed 6 feet within 5 feet of the property line. (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 of this resolution, and pursuant to ~~ 28-1158 of the City's Code, the Planning Commission hereby finds as follows: Page 1 of2 Planning CommISSIOn ResolutIOn 03-14 Ml1lor Plan revIew 03-4 755 Carmel Avenue Aprzl 9, 2003 a. Minor Plan Review 03-4, 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 built in BBQ and fireplace, as condItioned, are appropriate 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 03-4, subject to the following conditions: 1. Minor Plan ReVIew 03-4 is approved for architectural review at755 Carmel Avenue, Seal Beach. The proposed project entails the construction of a 42 inch high freestanding BBQ & bar seating area structure within the rear yard setback area of the subject property. MPR 03-4 further includes the construction of a fireplace not to exceed 9 feet in overall height to be located in the rear and side yard setback areas. No portion of the fireplace will exceed 6 feet within five feet ofthe side property line. 2. All construction shall be in substantial compliance with the plans approved through MPR 03-4. 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 April 2003 by the following vote: AYES: Commissioners Hood, Deaton, Ladner, and Sharp NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners Shanks David Hood, Ph.D. Chairperson, Planning Commis e Whittenberg, Secretary lannmg Commission Page 2 of2