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Home My WebLink AboutPC Res 05-39 - 2005-08-17 RESOLUTION NUMBER 05-39 OR J G Jill A RESOLUTION OF THE PLANNING COMMISSION OF THE '4l CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 05-8, APPROVING A BBQ ISLAND IN THE EAST SIDE YARD SETBACK AREA, A FIREPLACE STUCTURE IN THE REAR YARD SETBACK AREA BOTH WITH SURROUNDING PLANTER BOX STRUCTURES AND A POT SHELF IN THE REAR YARD SETBACK AREA AT 1020 CRESTVIEW AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On July 13, 2005, Paul Kaugh of TKR Construction ("The Applicant") submitted an application to the Department of Development Services for Minor Plan Review 05-8. Through MPR 05-8, the applicant sought to construct a 36-inch high BBQ island in the 5 feet side setback, a fireplace structure with a 10 foot high chimney in the 10 feet rear setback, both with surrounding planter box structures and a 36-inch high pot shelf within the 10 feet rear setback adj acent to the rear and east side property lines at 1020 Crestview Avenue, Seal Beach. Section 2. Pursuant to 14 Calif. Code of Regs. ~ l5025(a) and ~ II.B of the City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan Review 05-8 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (a) single-family residences not in conjunction with the building of two or more such units. In urbanized areas, up to three single-family residences may be constructed or converted under this exemption. ~ l5061(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 August 17,2005 to consider the application for Minor Plan Review 05-8. Section 4. The record of the hearing on August 17, 2005 indicates the following: (a) On July 13, 2005, Paul Kaugh of TKR Construction ("The Applicant") filed an application for Minor Plan Review 05-8 with the Department of Development Services. (b) Specifically, the request is to construct a 36-inch high BBQ island in the 5 feet side setback, a fireplace structure with a 10 foot high chimney in the 10 feet rear setback, both with surrounding planter box structures and a 36-inch high pot shelf within the 10 feet rear setback adj acent to the rear and east side property lines. Page lof3 Planning Commzssion Resolutwn 05-39 Minor Plan Revzew 05-8 1020 Crestvzew Avenue August 17, 2005 (c) The subject property is described as 199-133-03, and is located in the Residential Low Density (RLD) zone within the neighborhood generally referred to as "Marina Hill". (d) The surrounding land uses and zoning are as follows: NORTH: SOUTH: EAST: WEST: Single family residences in the Residential Low Density (RLD) zone Single family residences in the Residential Low Density (RLD) zone Single family residences in the Residential Low Density (RLD) zone Single family residences in the Residential Low Density (RLD) zone (e) The City received one letter of opposition responding to the notices of the hearing on MPR 05-8. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-401 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 05-8, 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 BBQ island and firebox, as conditioned, are appropriate to the surrounding neighborhood as the structures are an adequate distance from adjacent residences. Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 05-8, subject to the following conditions: 1. Minor Plan Review 05-8 is approved at 1020 Crestview Ave. The project includes an approximately 36-inch high BBQ island in the 5 feet side setback, a fireplace structure with a 10 foot high chimney in the 10 feet rear setback, both with surrounding planter box structures and a 36-inch high pot shelf within the 10 feet rear setback adjacent to the rear and east side property lines. 2. All construction shall be in substantial compliance with the plans approved through MPR 05-8. Page 2 of3 Planning Commlsszon Resolutzon 05-39 Mmor Plan Review 05-8 1020 Crestview Avenue August 17.2005 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 17th day of August 2005 by the following vote: AYES: Commissioners Shanks, Deaton, Ladner, O'Malley, and Roberts, NOES: Commissioners None ABSENT: Commissioners None ~,~ Gordon Shanks Chairperson, Planning Commission Lee Whittenberg Secretary, Planning Comm. sion **** Page 3 on