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Home My WebLink AboutPC Res 07-09 - 2007-03-21 RESOLUTION NUMBER 07-9 ORI61flJ 'V4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 07-4, APPROVING A 13'-3" HIGH, OPEN WOOD LATTICE POOL COVER TO BE LOCATED 8 FEET FROM THE REAR PROPERTY LINE AT 916 BLUE HERON, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: SectIOn 1 On January 17, 2007, Kenneth and EmIly Young, ("the applIcants"), submItted an applIcatIOn for Mmor Plan ReVIew 07-4 WIth the Department of Development ServIces SpeCIfically, the applIcant proposes to Install a 13'-3" hIgh, open wood lattice pool cover WIthm the 15-foot rear yard setback area The pool cover IS proposed to be located 8 feet from the rear property Ime SectIOn 2 Pursuant to 14 CalIf Code of Regs S 15025(a) and S II B of the CIty'S Local CEQA GUIdelInes, staff has determIned as follows The applIcatIOn for MInor Plan ReVIew 07-4 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) smgle 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 hearmg was held before the Plannmg CommISSIOn on March 21,2007 to conSIder the applIcatIOn for MInor Plan ReVIew 07-4 SectIOn 4 The record of the hearIng on March 21, 2007 IndIcates the follOWIng (a) On January 17,2007, Kenneth and EmIly Young, ("the applIcants"), submItted an applIcatIOn for MInor Plan ReVIew 07-4 WIth the Department of Development ServIces (b) SpeCIfically, the applIcant proposes to mstall a 13'-3" hIgh, open wood lattIce pool cover WIthIn the 15-foot rear yard setback area The pool cover IS proposed to be located 8 feet from the rear property lIne Z \LWhtttenberg\My Documents\RESO\MPR 07-4 916 Blue Heron PC Reso doc\LW\03-22-07 Plannmg CommiSSIOn ResolutIOn 07-9 Minor Plan Review 07-4 916 Blue Heron March 21,2007 (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 subJect property backs up to a sloped area meaSUrIng approXImately 40-feet In WIdth whIch creates a buffer between the subJect property and propertIes to the rear (east) Based on the terraced desIgn of the reSIdentIal tract, the subJect property IS approxImately 15 feet lower than the homes on the upper terrace The proposed open, wood shade structure wIll be below the grade level of the lots on the upper terrace and would not block any VIews from those propertIes across the subJect property lookIng to the west (t) The CIty receIved no comments, wrItten or other, respondIng to the notIces of the hearIng on MPR 07-4 SectIOn 5 Based upon the facts contamed 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) Mmor Plan RevIew 07-4, 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 MInOl Plan RevIew The use IS also conSIstent WIth the remaInmg elements of the CIty'S General Plan as the polICIes of those elements are conSIstent WIth, and reflected m, the Land Use Element Accordmgly, 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 foregomg, the PlannIng CommIssIOn hereby approves MInor Plan RevIew 07-4, subJect to the followmg condItIons MPR 07-4 916 Blue Heron PC Reso 2 Planmng CommiSSIOn ResolutIOn 07-9 Mmor Plan Review 07-4 916 Blue Heron March 21,2007 1 MInor Plan ReVIew 07-4 IS approved for a 13' - 3" hIgh, open wood lattIce pool cover to be located 8 feet from the rear property lIne located at 916 Blue Heron 2 All constructIon shall be III substantIal complIance WIth the plans approved through MInor Plan RevIew 07-4 3 BuIldIng permIts shall be obtmned 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 Planmng 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 meetmg thereof held on the 21 st day of March , 2007 by the follOWIng vote AYES CommIssIOners Bello, Deaton, O'Malley, and Roberts NOES CommIssIOners ABSENT CommIssIOners ABSTAIN CommIssIOners dju;-j, ~ ~lery Deat , ChaIrperson PlannIng CommIssIon e WhIttenberg, Secretary C-PlannIng CommIssIon MPR 07-4 916 Blue Heron PC Reso 3