HomeMy WebLinkAboutPC Res 06-59 - 2007-01-17
RESOLUTION NUMBER 06-59
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING MINOR PLAN REVIEW
06-16, APPROVING A 6-FOOT HIGH
OUTDOOR GAS FIREPLACE, A 30-INCH
HIGH BBQ AND COUNTER STRUCTURE,
AND A 6-FOOT HIGH WATERFALL WITHIN
THE REQUIRED REAR YARD AND SIDE
YARD SETBACK AREAS AT 907 HERON
CIRCLE, SEAL BEACH
THE PLANNING COMMISSION .OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On November 20, 2006, Creative Custom Pools, ("the
applicant"), submitted an application for Minor Plan Review 06-16 with the Department
of Development Services. Specifically, the applicant and homeowner are requesting to
construct a 6-foot high outdoor gas fireplace, a 30-inch high BBQ and counter structure,
and a 6-foot high waterfall structure within the required 15-foot rear yard and 5-foot side
yard setback areas.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ H.B
of the City's Local CEQA Guidelines, staff has determined as follows: The application
for Minor Plan Review 06-16 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 January 17, 2007 to consider the application for Minor Plan Review 06-
16.
Section 4.
The record of the hearing on January 17,2007 indicates the
following:
Z:\My Documents\RESO\MPR 06-16 907 Heron Circle.PC Rcso.doc\L W\O 1-18-07
Planning Commission Resolution 06-59
Minor Plan Review 06-16 - 907 Heron Circle
January 17, 2007
(a) On November 20, 2006, Creative Custom Pools, ("the applicant"),
submitted an application for Minor Plan Review 06-16 with the Department of
Development Services.
(b) Specifically, the applicant and homeowner are requesting to
construct a 6-foot high outdoor gas fireplace, a 30-inch high BBQ and counter structure,
and a 6-foot high waterfall structure within the required 15-foot rear yard and 5-foot side
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 Pointe".
(d) The surrounding land uses and zoning are as follows:
NORTH: Single family residences in the Specific Plan (SPR) zone
SOUTH: Single family residences in the Specific Plan (SPR) zone
EAST: Single fanlily residences in the Specific Plan (SPR) zone
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 06-16.
Section 5. Based upon the facts contained in the record, including those
stated in ~ 4 of this resolution, and pursuant to ~ 28-401 and ~ 28-1702 of the City's
Code, the Planning Commission hereby finds as follows:
(a) Minor Plan Review 06-16, 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 proposed structures, 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 06-16, subject to the following conditions:
1. Minor Plan Review 06-16 is approved for 6-foot high outdoor gas fireplace, 30-
inch high BBQ and counter structure, and 6-foot high waterfall within the
MPR 06-16.907 Heron Circle.PC Reso
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Planning Commission Resolution 06-59
Minor Plan Review 06-16 - 907 Heron Circle
January 17, 2007
required 15-foot rear yard and 5-foot side yard setback areas located at 907 Heron
Circle.
2. All construction shall be in substantial compliance with the plans approved
through Minor Plan Review 06-16.
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
January , 2007 by the following vote:
AYES: Commissioners
Deaton, O'Malley, and Roberts
NOES: Commissioners
ABSENT: Commissioners Bello and Ladner
ABSTAIN: Commissioners
~'{.L~4f2,~
Ellery Deat n, Chairperson
Planning Commission
"
ee Whittenberg, Secretary
~Planning Commission
MPR 06-16.907 Heron Circle. PC Reso
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