HomeMy WebLinkAboutPC Res 07-32 - 2007-06-06
RESOLUTION NUMBER 07-32
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR PLAN REVIEW 07-12,
APPROVING A 39" HIGH, BARBECUE AND WORK
STATION TO BE LOCATED APPROXIMATELY
6'- 0" FROM THE NORTHERN SIDE PROPERTY
LINE AND 4'- 0" FROM THE REAR PROPERTY
LINE; AND AN APPROXIMATELY 9'- 0" HIGH
FIREPLACE LOCATED APPROXIMATELY 4'- 0"
FROM THE SOUTHERN SIDE PROPERTY LINE
AND APPROXIMATELY 8'- 0" FROM THE REAR
PROPERTY LINE AT 951 HERON CIRCLE, SEAL
BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On April 30, 2007, Darryl Werner, ("the applicant"), submitted an
application for Minor Plan Review 07-12 with the Department of Development Services.
Specifically, the applicant proposes to install a 39" high, built-in barbecue and work station to be
located approximately 6' -0" from the northern side property line and 4' -0" from the rear property
line; and an approximately 9'-0" high fireplace located approximately 4' -0" from the southern
side property line and approximately 8'-0" from the rear property line, located at 951 Heron
Circle, Seal Beach
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILB of the
City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan
Review 07-8 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 (e) Accessory (appurtenant) structures including
garages, carports, patios, swimming pools, and fences. 9 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 June 6, 2007 to consider the application for Minor Plan Review 07-12.
Section 4.
The record of the hearing on June 6,2007 indicates the following:
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Planning COlnllllSsioll Resolution 07-32
MlIlor Plan Review 07-12 - 95/ Heron Circle
JUlie 6, 2007
(a) On April 30, 2007, Darryl Wemer, ("the applicant"),
submitted an application for Minor Plan Review 07-12 with the Department of Development
Services.
(b) Specifically, the applicant proposes to install a 39" high,
built-in barbecue and work station to be located approximately 6'-0" from the northern side
property line and 4'-0" from the rear property line; and an approximately 9'-0" high fireplace
located approximately 4' -0" from the southern side property line and approximately 8' -0" from
the rear property line, located at 951 Heron Circle.
(c) The subject property is located in the Specific Plan
Regulation (SPR) Zone within the neighborhood generally referred to as "Heron Pointe".
(d) The surrounding land uses and zoning are as follows:
NORTH:
SOUTH:
EAST:
WEST:
Single family residences in the Specific Plan Regulation (SPR) zone
Single family residences in the Specific Plan Regulation (SPR) zone
Single family residences in the Specific Plan Regulation (SPR) zone
Single family residences in the Specific Plan Regulation (SPR) zone
(e) The subject property is located on a relatively Oat lot and is
surrounded by properties of a similar nature. The proposed barbecue and work station would be
below the height of the perimeter fencing on the property and will not extend beyond the top of
the perimeter fence that separates properties; and the fireplace structure (flue) would extend
beyond the top ofthe perimeter fencing approximately 3 feet.
(f) The City has received no comments, written or other,
responding to the notices of the hearing on MPR 07-12.
Section 5. Based upon the facts contained in the record, including those stated
in ~ 4 of this resolution, and pursuant to ~ 28-401 of the City's Code, the Plmming Commission
hereby finds as follows:
(a) Minor Plml Review 07-12, as conditioned, is consistent
with the provisions of the Land Use Element of the City's General Plan, which provides a
"Residential Low Density" underlying zoning for the subject property and penn its 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 structures, as conditioned, are appropriate to
the surrounding neighborhood as the structures are an adequate distance from adjacent
residences.
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Planmng Commission Resolutwn 07-32
Mmor Plan Review 07-/2 - 951 Heron Circle
June 6. 2007
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 07-12, subject to the following conditions:
1. Minor Plan Review 07-12 is approved for a 39" high, built-in barbecue and work station
to be located approximately 6' -0" from the northern side property line and 4' -0" from the
rear property line; and an approximately 9'-0" high fireplace located approximately 4'-0"
from the southern side property line and approximately 8' -0" from the rear property line,
located at 951 Heron Circle, Seal Beach.
2. All construction shall be in substantial compliance with the plans approved through
Minor Plan Review 07-12.
3. Building permits shall be obtained for the approved structures.
4. The applicant shall indemnify, defend, and hold harmless the City, its officers, agents,
and employees (collectively "the City" hereinafter) from any and all claims and losses
whatsoever occurring or resulting to any and all persons, finns, or corporations furnishing
or supplying work, services, materials, or supplies in connection with the performance of
the use permitted hereby or the exercise of the rights granted herein, and any and all
claims, lawsuits, or actions arising from the granting of or the exercise of the rights
permitted by this Minor Plan Review, and from any and all claims and losses occurring to
any person, firm, corporation, or property for damage, injury, or death arising out of or
connected with the perforn1ance of the use permitted hereby. Applicant's obligation to
indemnify, defend, and hold harmless the City as stated herein shall include, but not be
limited to, paying all fees and costs incurred by legal counsel of the of the City's choice
in representing the City in connection with any such claims, losses, lawsuits, or actions,
expert witness fees, and any award of damages, judgments, verdicts, court costs or
attorneys' fees in any such lawsuit or action.
5. This Minor Plan Review shall not become effective for any purpose unless an
"Acceptance of Conditions" fonn 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 Plannmg Commission of the City of Seal Beach
at a meeting thereof held on the 6th day of June 2007 by the following vote:
AYES: Commissioners Deaton, Bello, Massa-Lavitt, and Roberts
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
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Lee Whittenberg
Secretary, Planning Commis
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Planning CommIssion ResolutIOn 07-32
Ml/wr Plan Review 07-12 - 951 Heron Circle
June 6, 2007
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/ 1E ery eaton
Chairperson, Planning Commission