HomeMy WebLinkAboutPC Res 04-05 - 2004-02-04
ORIGINIl,[
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
MINOR PLAN REVIEW 04-1, PERMITTING NEW
CONSTRUCTION OF A FREESTANDING BBQ IN
SIDEYARD SETBACK AREA AT 12295 OLD
HARBOR COURT, SEAL BEACH
RESOLUTION NO. 04-5
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
SectIOn 1. On January 17, 2003, Stan Nathanson submItted an applicatIOn for
Minor Plan ReVIew 04-1. Specifically, the applicant IS seeking Architectural ReVIew of a
proposal to construct new built in BBQ within the side yard setback area of the subject property.
The application was deemed incomplete because the applicant had not received approval from
their Homeowners ASSOCIation. ThIS approval dId not occur until December 2003, and the
applicant resubmItted an applIcatIon on January 12, 2004.
SectIOn 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9 Il.B of the
CIty'S Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan
ReVIew 04-1 IS categorically exempt from review pursuant to the CahfornIa Environmental
Quahty Act pursuant to 14 Calif. Code of Regs. 9 15303 (New Construction), because it involves
the constructIOn of an accessory structures; and, pursuant to 9 15061(b)(3), because It can be
seen with certainty that there is no possibIhty that the approval may have a signIficant effect on
the environment.
SectIOn 3. A duly noticed heanng was held before the Planning CommiSSIOn
on February 4, 2004 to consider the application for Minor Plan ReVIew 04-1.
SectIon 4.
The record of the hearing on February 4, 2004 indicates the
following:
(a) On January 17, 2003, Stan Nathanson submItted an application for Minor
Plan Review 04-1. Specifically, the apphcant IS seek10g ArchItectural Review of a proposal to
construct new built in BBQ within the side yard setback area of the subject property. The
apphcatIOn was deemed 1Ocomplete because the applicant had not received approval from theIr
Homeowners AssociatIon. ThIS approval dId not occur untIl December 2003, and the applicant
resubmitted an application on January 12, 2004.
(b) Specifically, the applicant is seeking Architectural ReVIew of a proposal to
construct new built in BBQ, sink and countertop within the side yard setback area of the subject
property.
(c) The subject property is legally described as Lot 26, Tract 15797, and is
located in the Residential Low Density zone of Old Ranch (Centex Homes development).
(d) The surround1Og land uses and zoning are as follows:
o ALL DIRECTIONS: S10gle FamIly reSIdential uses 10 the ResidentIal
medmm Density zone (RLD) as part of the Old Ranch residential development
constructed by Centex Homes.
( e) The request is to construct a new 36" high, 9- foot wide BBQ structure
within the SIde yard setback area of the subject property. There WIll also be a sink and counter
top to the BBQ. The structure is proposed to be located dIrectly adjacent from the SIde property
l1Oe, with a small portion of the structure be10g perpendIcular to the SIde property l1Oe.
(f) The CIty has received no responses, written or other, 10 opposition this
minor plan review request as of January 28,2004.
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Planning CommISSIOn ResolutIOn No 04-5
MPR 04-1 12295 Old Harbor Court
February 4, 2004
Section 5. Based upon the facts conta1Oed in the record, includ10g those stated 10
9 4 of this resolutIOn, and pursuant to 99 28-1158 of the CIty'S Code, the Planning Commission
hereby finds as follows:
. Minor Plan Review 04-1, 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 remam10g elements of the CIty'S
General Plan as the pohcIes of those elements are conSIstent with, and reflected in, the Land
Use Element. Accordingly, the proposed use is consistent with the General Plan.
. The proposed development as conditioned complies wIth all development standards of the
Residential Low Density (RLD) Zone.
. The proposed built 10 BBQ, as conditioned, are appropriate to the surrounding neighborhood,
as several similar structures have been approved in the past.
Section 6. Based upon the forego1Og, the Planning CommIssion hereby
approves Minor Plan Review 04-1 subject to the following conditions:
1. Minor Plan Review 04-1 is approved for architectural review at 12295 Old Harbor Court,
Seal Beach. The proposed project entails the constructIon of a 36-inch high freestanding
BBQ, sink and countertop structure within the side yard setback area of the subject
property.
2. All construction shall be in substantial comphance with the plans approved through MPR
04-1.
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 Plann10g Department;
and until the ten (10) day appeal period has elapsed.
PASSED, APPROVED AND ADOPTED by the Plann10g Commission of the CIty of
Seal Beach at a meeting thereof held on the 4th day of February 2004 by the following vote:
AYES: Commissioners
Sharp, Deaton, Eagar, Ladner, and Shanks
NOES: Commissioners
None
ABSENT: Commissioners None
(b1~~~~/tur
~ Jame arp
/ Chairperson, Plaorung CommiSSlOo
~f1)~
Lee Whittenberg
Secretary Planning commiss~
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