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HomeMy WebLinkAboutPC Res 07-03 - 2007-01-17 RESOLUTION NUMBER 07-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 07-2, APPROVING A 36" HIGH GAS BARBECUE ISLAND WITHIN THE 15-FOOT REAR YARD AND 5-FOOT SIDE YARD SETBACK AREAS AT 953 BLUE HERON, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 12, 2006, Eric and Laura Hall, ("the applicants"), submitted an application for Minor Plan Review 07-2 with the Department of Development Services. Specifically, the applicant proposes to construct a 36" high barbecue island within the 15-foot rear yard and 5-foot side yard setback areas. Section 2. Pursuant to 14 Calif. Code of Regs. S 15025(a) and S ILB of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 07-2 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- 2. Section 4. The record of the hearing on January 17, 2007 indicates the following: (a) On December 12, 2006, Eric and Laura Hall, ("the applicants"), submitted an application for Minor Plan Review 07-2 with the Department of Development Services. (b) Specifically, the applicant proposes to construct a 36" high barbecue island within the 15-foot rear yard and 5-foot side yard setback areas. Z:\My Documents\RESO\MPR 07-2.953 Blue Heron PC Reso.doc\L W\O 1-18-07 Planning Commission Resolution 07-3 Minor Plan Review 07-2 - 953 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) The City received no comments, written or other, responding to the notices of the hearing on MPR 07-2. 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 07-2, 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 07-2, subject to the following conditions: 1. Minor Plan Review 07-2 is approved for a 36" high gas barbecue island within the 15-foot rear yard and 5-foot side yard setback areas located at 953 Blue Heron. 2. All construction shall be in substantial compliance with the plans approved through Minor Plan Review 07-2. 3. Building permits shall be obtained for the approved structure. MPR 07-2.953 Blue Heron PC Reso 2 Planning Commission Resolution 07-3 Minor Plan Review 07-2 - 953 Blue Heron January 17, 2007 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 dL1~fl.{)'(~ --Ellery Deat , Chairperson Planning Commission e ittenberg, Secretary anning Commission MPR 07-2.953 Blue Heron.PC Reso 3