HomeMy WebLinkAboutPC Res 10-04 - 2010-02-17RESOLUTION NUMBER 10 -4
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR PLAN REVIEW 10 -3,
LEGALIZING AN EXISTING, UNPERMITTED
BARBECUE AND COUNTER STRUCTURE
WITHIN THE REQUIRED REAR YARD SETBACK
AREA AT 4533 ELDER AVENUE, SEAL BEACH.
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THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE:
Section 1 . On January 5, 2010, William & Julie King, ( "the applicants "),
submitted an application for Minor Plan Review 10 -3 with the Department of
Development Services. Specifically, the applicants propose legalize an existing,
unpermitted barbecue and counter structure within the required rear yard setback area.
The barbecue and counter structure is located abutting the rear property line.
Section 2 . Pursuant to 14 Calif. Code of Regs. § 15025(a) and § 11.13 of
the City's Local CEQA Guidelines staff has determined as follows: The application for
Minor Plan Review 10 -3 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 (e) Accessory
(appurtenant) structures including garages, carports, patios, swimming pools, and
fences. § 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 d� noticed hearing was held before the Planning
Commission on February 17, 2010, to consider the application for Minor Plan Review
10 -3.
Section 4 . The record of the hearing on February 17, 2010, indicates
the following:
(a) On January 5, 2010, William & Julie King ( "the
applicants ") submitted an application for Minor Plan Review 10 -3 with the Department of
Development Services.
(b) Specifically, the applicants propose to legalize an
existing, unpermitted barbecue and counter structure within the required rear yard
setback area. The barbecue and counter structure is located abutting the rear property
line.
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Planning Commission Resolution No. 10 -4
Minor Plan Review 10 -3
4533 Elder Avenue
February 17, 2010
(c) The subject property is located in the Residential Low
Density (RLD) zone within the neighborhood generally referred to as "College Park
East ".
(d) The surrounding land uses and zoning are as follows:
NORTH: Single- family residences in the Residential Low Density (RLD) Zone
SOUTH: Single- family residences in the Residential Low Density (RLD) Zone
EAST: Single- family residences in the Residential Low Density (RLD) Zone
WEST: Single- family residences in the Residential Low Density (RLD) Zone
(e) The subject property is located on a relatively flat lot
and is surrounded by properties of a similar nature.
(f) The City has received no comments, written or
otherwise, responding to the mailed notices of the hearing on MPR 10 -3.
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 10 -3, 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 existing structure, as conditioned, is 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 10 -3, subject to the following conditions:
1. Minor Plan Review 10 -3 is approved for an existing barbecue and counter
structure located within backyard of the property, abutting the rear property line
at 4533 Elder Avenue, Seal Beach.
2. Building permits shall be obtained for all approved structures requiring such
permits.
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
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Planning Commission Resolution No. 10 -4
Minor Plan Review 10 -3
4533 Elder Avenue
February 17, 2010
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.
4. The applicant shall indemnify, defend, and hold harmless the City, its officers,
agents, and employees (collectively "the City" hereinafter) from any and all
claims and losses whatsoever occurring or resulting to any and all persons, firms,
or corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits, or actions arising from
the granting of or the exercise of the rights permitted by this Minor Plan Review,
and from any and all claims and losses occurring to any person, firm,
corporation, or property for damage, injury, or death arising out of or connected
with the performance of the use permitted hereby. Applicant's obligation to
indemnify, defend, and hold harmless the City as stated herein shall include, but
not be limited to, paying all fees and costs incurred by legal counsel of the of the
City's choice in representing the City in connection with any such claims, losses,
lawsuits, or actions, expert witness fees, and any award of damages, judgments,
verdicts, court costs or attorneys' fees in any such lawsuit or action.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 17th day of February 2010 by the following vote:
AYES: Commissioners Deaton, Bello, Galbreath, Larson, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
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Ilery Deaton
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
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