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HomeMy WebLinkAboutPC Res 07-12 - 2007-03-21 RESOLUTION NUMBER 07-12 OR/G/~, v'4L A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 07-5, APPROVING A 9'-0" HIGH, OPEN WOOD LATTICE STRUCTURE TO BE LOCATED 4 FEET FROM THE REAR PROPERTY LINE AT 961 BLUE HERON, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: SectIon 1 On February 13, 2007, Don Le, ("the applIcanC), submItted an applIcatIOn for Mmor Plan ReVIew 07-5 WIth the Department of Development ServIces SpeCIfically, the applIcant proposes to mstall a 9' -0" hIgh open, wood lattIce structure WIthIn the 15-foot rear yard setback area The open wood lattice structure IS proposed to be located 4 feet from the rear property lIne The lattIce structure IS 4" WIde, IS '"L" shaped and IS 11 feet m length adjacent to the SIde property lme and 8 feet m length adJacent to the rear property lIne SectIOn 2 Pursuant to 14 CalIf Code of Regs ~ 15025(a) and ~ II B of the CIty'S Local CEQA GUIdelmes, staff has determmed as follows The applIcatIOn for Mmor Plan Review 07-5 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) smgle famIly reSIdences not m conJunctIon WIth the bUIldmg of two or more such unItS In urbanIzed areas, up to three smgle-famIly reSIdences may be constructed or converted under thIS exemptIOn ~ 15061(b)(3), because It can be seen WIth certamty 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 Mmor Plan ReVIew 07-4 SectIOn 4 The record of the hearmg on March 21, 2007 mdICates the follOWIng (a) On February 13, 2007, Don Le, ("the applIcant"), submItted an applIcatIOn for Mmor Plan ReVIew 07-5 With the Department of Development ServIces Z \LWhlttenberg\My Documents\RESO\MPR 07-5 961 Blue Heron PC Reso doc\LW\03-22-07 Plannmg CommiSSIOn ResolutIOn 07-12 Minor Plan Review 07-5 961 Blue Heron March 21,2007 (b) SpecIfically, the applIcant proposes to a 9'-0" high open, wood lattIce structure wIthm the 15-foot rear yard setback area The open wood lattIce structure IS proposed to be located 4 feet from the rear property lIne The lattIce structure IS 4" WIde, IS "L" shaped and IS 11 feet m length adJacent to the SIde property lIne and 8 feet m length adJacent to the rear property lIne (c) The subJect property IS located m the Hellman Ranch SpecIfic Plan (SPR) zone wIthm the neIghborhood generally referred to as "Heron Pomte" (d) The surroundmg land uses and zomng are as follows NORTH Smgle famIly resIdences m the SpecIfic Plan (SPR) zone SOUTH Smgle famIly resIdences m the SpecIfic Plan (SPR) zone EAST: Smgle famIly resIdences m 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 publIc access traIl, mterpretatIve center, and a 100-acre deed restrIcted property for future wetland restoratIon (t) The CIty receIved no comments, wntten or other, respondmg to the notIces of the hearmg on MPR 07-5 SectIOn 5 Based upon the facts contamed m the record, mcludIng those stated m ~ 4 of thIS resolutIOn, and pursuant to ~ 28-401 and ~ 28-1702 of the CIty'S Code, the Plannmg CommIssIon hereby finds as follows (a) Mmor Plan ReVIew 07-5, 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 Mmor Plan ReView The use IS also conSIstent WIth the remammg 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 appropnate to the surroundmg neIghborhood as the structures are an adequate dIstance from adJacent reSIdences SectIOn 6 Based upon the foregomg, the Plannmg CommISSIOn hereby approves Mmor Plan ReVIew 07-5, subJect to the follOWIng condItIons MPR 07-5961 Blue Heron PC Reso 2 Plannmg ComnllsslOn ResolutIOn 07-12 Mmor Plan Review 07-5 961 Blue Heron March 21,2007 I MmOl Plan Review 07-5 IS approved for a 9'-0" hIgh open, wood lattIce structure WIthm the 15-foot rear yard setback area The open wood lattIce structure IS proposed to be located 4 feet from the rear property lme located at 961 Blue Heron 2 All constructIOn shall be m substantIal compliance wIth the plans approved through Mmor Plan ReVIew 07-5 3 BUIldIng permIts shall be obtamed for the approved structures 4 ThIS Mmor Plan RevIew shall not become effectIve for any purpose unless an "Acceptance of CondItIOns" form has been sIgned by the applIcant m the presence of the DIrector of Development ServIces, or notanzed and returned to the Planmng Department, and untIl the ten (10) day appeal perIod has elapsed PASSED, APPROVED AND ADOPTED by the Plannmg CommIssIon of the CIty of Seal Beach at a meetmg thereof held on the 21 st day of March , 2007 by the followmg vote AYES CommIssIOners Bello, Deaton, O'Malley, and Roberts NOES CommIssIoners ABSENT CommIssIoners ABSTAIN CommIssIoners 1f"h1t, IfJMhiiJ llery De on,- ChaIrperson Plannmg CommIssIon MPR 07-5 961 Blue Heron PC Reso 3