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HomeMy WebLinkAboutPC Res 05-26 - 2005-06-22 RESOLUTION NUMBER 05-26 ORI6/fi' 'I14L A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 05-5, APPROVING CONSTRUCTION OF A 43.5-INCH HIGH ENTERTAINMENT ISLAND EXTENDING 2.3 FEET FROM THE RESIDENCE INTO THE 18 FOOT REAR SETBACK AND A 320-SQUARE FOOT ATTACHED PATIO COVER EXTENDING 13.5 FEET INTO THE REQUIRED 18 FOOT REAR SETBACK AT 12278 BRIDGEWATER WAY, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On May 3, 2005 Lee and Stephanie McMullin ("The Applicants") submitted an application to the Department of Development Services for Minor Plan Review 05- 5. Through MPR 05-5, the applicants sought to construct a 43.5 inch high entertainment island extending 2.3 feet from the residence and a 320 square feet attached patio cover extending 13.5 feet into the required 18 feet rear setback at 12278 Bridgewater Way, Seal Beach. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.B of the City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan Review 05-1 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, ~ 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 June 8, 2005 to consider the application for Minor Plan Review 05-5. Section 4. The record of the hearing on June 8, 2005 indicates the following: (a) On May 3, 2005, Lee and Stephanie McMullin ("The Applicants") filed an application for Minor Plan Review 05-5 with the Department of Development Services. Specifically, the request is to construct a 43.5-inch high entertainment island extending 2.3 feet from the residence and 320- square foot attached patio cover extending 13.5 feet into the required 18 foot rear setback at 12278 Bridgewater Way, Seal Beach. (b) The subject property is described as Assessor's Parcel No. 130-555-30, and is located in the Residential Medium Density (RMD) zone in the Old Ranch Towne Center Development Plan Overlay neighborhood, Planning District 2, Development Area D. NORTH: SOUTH: EAST: WEST: (c) The surrounding land uses and zoning are as follows: Single family residences in Residential Medium Density zone Single family residences in Residential Medium Density zone Single family residences in Residential Medium Density zone Single family residences in Residential Medium Density zone (d) The City received no comments, written or other, responding to the notices of the hearing on MPR 05-5. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-700 and 28-705 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 05-5, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "medium density residential" designation for the subject property and permits residential uses. The use is also consistent with the remaining elements of the City's General Plan as the policies of those Page 1 of2 Plannmg Commission ResolutIOn No. 05-26 Mmor Plan Review 05-5 - /2278 Bridgewater Way June 22, 2005 elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The development, as conditioned, complies with all standards of the Residential High Density (RMD) zone. (c ) The entertainment island and patio cover structures, as conditioned, are appropriate for the surrounding neighborhood, as other structures have been approved in the past. Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 05-5, subject to the following conditions: 1. Minor Plan Review 05-5 is approved at 12278 Bridgewater Way. The project includes construction of an entertainment island and patio cover structure in the rear yard setback area of the subject property. 2. All construction shall be in substantial compliance with the plans approved through MPR 05- 5. No part ofthe structure shall exceed heights approved by this Minor Plan Review. 3. Building permits shall be obtained for all construction. 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 22nd day of June 2005 by the following vote: AYES: Commissioners Ladner, Deaton O'Malley, and Roberts NOES: Commissioners None ABSENT: Commissioners Shanks Phil Ladner Chairperson, Planning Commission Lee Whittenberg Secretary, Planning Commissio **** Page 2 of2