HomeMy WebLinkAboutPC Res 05-41 - 2005-09-07
RESOLUTION NO. 05-41
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
MINOR PLAN REVIEW 05-9, PERMITTING NEW
CONSTRUCTION OF A FREESTANDING BBQ AND
BAR SEATING STRUCTURE, A FIREPLACE, AND
AN OUTDOOR SHOWER ENCLOSURE IN THE
REAR YARD SETBACK AT 510 OCEAN AVENUE,
SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On August 1, 2005, Frank: M. Berry of Southwinds Landscaping
submitted an application for Minor Plan Review 05-9. Specifically, the applicant is seeking to
construct a new built in BBQ and bar seating structure, a fireplace and an outdoor shower
enclosure within the rear 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 05-9 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 September 7,2005 to consider the application for" Minor Plan Review 05-9.
Section 4.
The record of the hearing on September 7, 2005 indicates the
following:
(a) On August 1,2005, Frank: M. Berry of South winds Landscaping submitted
an application for Minor Plan Review 05-9.
(b) Specifically, the applicant is seeking review of a proposal to construct a
new built in BBQ and bar seating structure, a fireplace and an outdoor shower enclosure within
the rear yard setback ofthe subject property.
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Planmng CommISSIOn ResolutIOn 05-41
Mmor Plan RevIew 05-9 510 Ocean Avenue
September 7, 2005
(c) The subject property is described as 199-115-03, 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.
( e) The request is to construct a new 3 feet 6 inch high BBQ and bar seating
structure within the rear yard setback area of the subject property, in conjunction with the rear
yard landscape and hardscape plan that includes a patio, pool, and spa. The request also includes
the installation of an approximately 6 foot tall fireplace and the construction of an outdoor
shower enclosure which will be approximately 5 feet 6 inches, both within the rear yard setback.
(t)
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
S 4 of this resolution, and pursuant to SS 28-1158 of the City's Code, the Planning Commission
hereby finds as follows:
(a) Minor Plan Review 05-9, 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, fireplace and outdoor shower enclosure, 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 Mmor Plan Review 05-9, subject to the following conditions:
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Planmng CommiSSIOn ResolutIOn 05-41
Minor Plan Review 05-9 5/0 Ocean Avenue
September 7, 2005
1. Minor Plan Review 05-9 is approved for the proposed structures at 510 Ocean Avenue,
Seal Beach. The proposed project entails the construction of a 3-foot 6 inch high
freestanding BBQ and bar seating structure, the construction of a fireplace not to exceed
6 feet in overall height and the construction of an outdoor shower enclosure
approximately 5 feet 6 inches in height within the rear yard setback area.
2. All construction shall be in substantial compliance with the plans approved through
MPR 05-9.
3. Building permits shall be obtained for the approved structures.
4. 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 7th day of September 2005 by the following vote:
AYES: Commissioners Shanks, Deaton, Ladner, O'Malley, and Roberts,
NOES: Commissioners None
ABSENT: Commissioners None
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Gordon Shanks
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commission
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