HomeMy WebLinkAboutPC Res 10-30 - 2010-07-21RESOLUTION NUMBER 10 -30
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR PLAN REVIEW 10 -10 TO
CONSTRUCT A BARBECUE AND COUNTER
STRUCTURE WITHIN THE REQUIRED SIDE
YARD SETBACK AREA AT 4197 DOGWOOD
AVENUE, SEAL BEACH.
OR���
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1 . On June 2, 2010, RKT Development, (the "applicant "),
submitted an application for Minor Plan Review 10 -10 with the Department of
Development Services. Specifically, the applicant proposes to construct a barbecue
and counter structure within the required side yard setback area. The barbecue and
counter structure is located abutting the side property line and is approximately 22' -1"
from 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 -10 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; and § 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 July 21, 2010, to consider the application for Minor Plan Review 10 -10.
Section 4 . The record of the hearing on July 21, 2010, indicates the
following:
(a) On June 2, 2010, RKT Development (the "applicant ")
submitted an application for Minor Plan Review 10 -10 with the Department of
Development Services.
(b) Specifically, the applicant proposes construct a new
barbecue and counter structure within the required side yard setback area. The
barbecue and counter structure is located abutting the side property line, and is
approximately 22' -1" from the rear property line.
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Planning Commission Resolution No. 10 -30
Minor Plan Review 10 -10
4197 Dogwood Avenue
July 21, 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
Zone
SOUTH: Single- family residences
Zone
EAST: Single- family residences
Zone
WEST: Single- family residences
Zone
in the Residential Low Density (RLD)
in the Residential Low Density (RLD)
in the Residential Low Density (RLD)
in the Residential Low Density (RLD)
(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 Minor Plan Review 10 -10.
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 -10, 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 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 -10, subject to the following conditions:
1. Minor Plan Review 10 -10 is approved for a proposed barbecue and counter
structure located within the backyard of the property, abutting the side property
line and approximately 22' -1" from the rear property line at 4197 Dogwood
Avenue, Seal Beach.
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Planning Commission Resolution No. 10 -30
Minor Plan Review 10 -10
4197 Dogwood Avenue
July 21, 2010
2. All construction shall be in substantial compliance with the submitted plans
approved through Minor Plan Review 10 -10.
3. Building permits shall be obtained for all approved structures requiring such
permits.
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.
5. 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 or resulting 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 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 21 st day of July 2010 by the following vote:
AYES: Commissioners Deaton, Bello, Cummings, Galbreath, and
Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
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Planning Commission Resolution No. 10 -30
Minor Plan Review 10 -10
4197 Dogwood Avenue
July 21, 2010
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Ellery Deaton
Chairperson, Planning Commission
Mark Persico, AICP
Secretary, Planning Commission
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