HomeMy WebLinkAboutPC Res 07-02 - 2007-01-17
RESOLUTION NUMBER 07-2
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING MINOR PLAN REVIEW
07-1, APPROVING A 9'-10" HIGH OUTDOOR
GAS FIREPLACE WITHIN THE 5-FOOT SIDE
YARD SETBACK AREA AT 913 BLUE
HERON, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On December 8, 2006, Phillip Mulligan, ("the applicant"),
submitted an application for Minor Plan Review 07-1 with the Department of
Development Services. Specifically, the applicant proposes to construct a 9'-10" high
outdoor gas fireplace within the 5-foot side yard setback area.
Section 2. Pursuant to 14 Calif. Code of Regs. S 15025(a) and S H.B
of the City's Local CEQA Guidelines, staff has determined as follows: The application
for Minor Plan Review 07-1 is categorically exempt from review pursuant to the
California Environmental Quality Act pursuant to 14 Calif. Code of Regs. S 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. S 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 07-
1.
Section 4.
The record of the hearing on January 17,2007 indicates the
following:
(a) On December 8, 2006, Phillip Mulligan, ("the applicant"), submitted
an application for Minor Plan Review 07-1 with the Department of Development
Services.
(b) Specifically, the applicant proposes to construct a 9'-10" high
outdoor gas fireplace within the 5-foot side yard setback area.
Z:\My Documents\RESO\MPR 07-1.913 Blue Heron PC Rcso.doc\LW\01-18-07
Planning Commission Resolution 07-2
Minor Plan Review 07-1 - 913 Blue Heron
January 17, 2007
(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 family residences in the Specific Plan (SPR) zone
WEST: A public access trail and a 100-acre deed restricted
property for future wetland restoration
( e) If the proposed fireplace was proposed in conjunction with a fully-
enclosed room addition to the home, which would be permitted in the proposed location,
the subject fireplace would be considered part of the residence and would comply with all
setback requirements.
(f) The City received no comments, written or other, responding to the
notices of the hearing on MPR 07-1.
Section 5. Based upon the facts contained in the record, including
those stated in S 4 of this resolution, and pursuant to S 28-401 and S 28-1702 of the
City's Code, the Planning Commission hereby finds as follows:
(a) Minor Plan Review 07-1, as conditioned, is consistent with the
prOVlSlons 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 07-1, subject to the following conditions:
1. Minor Plan Review 07-1 is approved for a 9'-10" high outdoor gas fireplace
within the 5-foot side yard setback area located at 913 Blue Heron.
2. All construction shall be in substantial compliance with the plans approved
through Minor Plan Review 07-1.
MPR 07-1.913 Blue Heron.PC Reso
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Planning Commission Resolution 07-2
Minor Plan Review 07-1- 913 Blue Heron
January 17, 2007
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
1;;0 -t-:ta..(k~
lery Deato , Chairperson
Planning Commission
e Whittenberg, Secretary
Planning Commission
MPR 07-1.913 Blue Heron.PC Reso
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