HomeMy WebLinkAboutPC Res 06-48 - 2006-12-06
RESOLUTION NUMBER 06-48 0 ~/ 6';.:
A RESOLUTION OF THE PLANNING COMMISSION OF THE W4/
CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW <-
06-12, FOR A 36-INCH HIGH WATERFALL IN THE SIDE
AND REAR YARD SETBACK AREA AT 936 BLUE HERON,
SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On September 27, 2006, Sung Kim ("The Applicant") filed an
application for Minor Plan Review 06-12 with the Department of Development Services.
Through MPR 06-12, the applicant sought to construct a 36-inch high waterfall within the 5-foot
side yard setback and 15-foot rear setback area at 936 Blue Heron, Seal Beach.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILB of the
City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan
Review 06-12 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 November 8, 2006 to consider the application for Minor Plan Review 06-12.
Section 4.
The record of the hearing on November 8, 2006 indicates the
following:
(a) On September 27,2006, Sung Kim ("The Applicant") filed
an application for Minor Plan Review 06-12 with the Department of Development Services.
(b) Specifically, the request is to construct a 36-inch high
waterfall feature within the 5-foot side yard setback and 15-foot rear yard setback areas.
(c) The subject property is located in the Hellman Ranch
Specific Plan (SPR) zone within the neighborhood generally referred to as "Heron Point".
(d) The surrounding land uses and zoning are as follows:
NORTH:
SOUTH:
EAST:
Single family residences in the Specific Plan (SPR) zone
Single family residences in the Specific Plan (SPR) zone
Single family residences in the Specific Plan (SPR) zone
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Planning Commission Resolution No. 06-48
Minor Plan Review 06-12 - 936 Blue Heron
November 8. 2006
WEST:
Single family residences in the Specific Plan (SPR) zone
(e) The City received no comments, written or other,
responding to the notices of the hearing on MPR 06-12.
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 06-12, 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 Specific Plan (SPR) zone.
(c) The waterfall feature, as conditioned, is appropriate to the
surrounding neighborhood as the structure is an adequate distance from adjacent residences.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 06-12, subject to the following conditions:
1. Minor Plan Review 06-12 is approved for a 36-inch high waterfall located at 936 Blue
Heron, Seal Beach, to be located approximately 12 inches from the existing 6-foot high
fence on the rear and side property lines.
2. All construction shall be in substantial compliance with the plans approved through Minor
Plan Review 06-12.
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 8th day of November 2006 by the following vote:
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Planmng Commission ResolutIOn No. 06-48
Minor Plan Review 06-12 - 936 Blue Heron
November 8. 2006
AYES: Commissioners Roberts, Bello, Ladner, and O'Malley
NOES: Commissioners None
ABSENT: Commissioners Deaton
~
Gary Roberts
ce-Chairperson, Planning Commission
F- pc)~
Lee WhIttenberg
V Secretary, Planning Commissio
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