HomeMy WebLinkAboutPC Res 07-41 - 2007-07-18
RESOLUTION NUMBER 07-41
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
MINOR PLAN REVIEW 07-17, FOR APPROVAL OF
A 10-FOOT WIDE, 3-FOOT DEEP AND
APPROXIMATELY 10-FOOT TALL ARBOR/WATER
FEATURE; A 6-FOOT WIDE, 3-FOOT DEEP AND
36-INCH HIGH BARBECUE GRILL; AND A
10-FOOT WIDE, 2.5-FOOT DEEP AND 42-INCH
HIGH SERVING COUNTER, WITHIN THE REAR
AND SIDE YARD REQUIRED SETBACK AREAS AT
931 HERON CIRCLE, SEAL BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On June 12, 2007, Robert G. Campbell, ("the applicant"),
submitted an application for Minor Plan Review 07-17 with the Department of Development
Services. Specifically, the applicant proposes to build an arbor/water feature, barbecue grill, and
serving counter within the rear and side yard required setback areas at 931 Heron Circle, Seal
Beach.
Section 2. Pursuant to 14 Calif. Code of Regs. S l5025(a) and Sll.B of the
City's Local CEQA Guidelines, staff has detennined as follows: The application for Minor Plan
Review 07-16 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 (e) Accessory (appurtenant) structures including
garages, carports, patios, swimming pools, and fences. S l5061(b)(3), because it can be seen
with certainty that there is no possibility that the approval may have a significant effect on the
environm ent.
Section 3. A duly noticed hearing was held before the Planning Commission
on July 18, 2007 to consider the application for Minor Plan Review 07-17.
Section 4.
The record of the hearing on July 18, 2007 indicates the following:
(a) On June 12, 2007, Robert G. Campbell, ("the applicant"),
submitted an application for Minor Plan Review 07-17 with the Department of Development
Services.
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Planning Commission Resolution 07-41
Minor Plan Review 07-17
931 Heron Circle
July 18, 2007
(b) Specifically, the applicant proposes to construct a 10- foot
wide, 3-foot deep and approximately 10-foot tall arbor/water feature; a 6-foot wide, 3-foot deep
and 36-inch high barbecue grill; and a 10-foot wide, 2.5-foot deep and 42-inch high serving
counter, within the rear and side yard required setback areas at 931 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
Open space; Seal Beach Boulevard; Naval Weapons Station property
Single family residences in the Specific Plan Regulation (SPR) zone
(e) The subject property is located on a relatively flat lot and is
surrounded by properties of a similar nature. The proposed arbor/water feature, barbecue grill,
and serving counter will be at or below the maximum height and area allowed for accessory
structures located within a required rear and side yard setback areas.
(t) As of July 12, 2007, the City has received no comments,
written or other, responding to the notices of the hearing on MPR 07-17.
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 of the City's Code, the Planning Commission
hereby finds as follows:
(a) Minor Plan Review 07-17, 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 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 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 07-17, subject to the following conditions:
1. Minor Plan Review 07-17 is conditionally approved for a 10-foot wide, 3-foot deep and
approximately 10-foot tall arbor/water feature; a 6-foot wide, 3-foot deep and 36-inch high
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PlanIlIng Commission ResolutIOn 07-41
Minor Plan Review 07-17
931 Heron Circle
July 18. 2007
barbecue grill; and a 10-foot wide, 2.5-foot deep and 42-inch high serving counter, within
the rear and side yard required setback areas at 931 Heron Circle.
2. All construction shall be in substantial compliance with the plans approved through Minor
Plan Review 07-17, as conditioned.
3. Building permits shall be obtained for the approved structures.
4. The applicant shall indemnify, defend, and hold hannless 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, fimls, or corporations fUnlishing
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 perfOnllanCe of the use permitted hereby. Applicant's obligation to indemnify, defend,
and hold haml1ess 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 cOlmection 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" form has been signed by the applicant in the presence of the Director of
Development Services, or notarized and retumed to the Planning Department, and until the
ten (10) day appeal period has elapsed.
PASSED, APPROVED AND ADOPTED by the Planning Commission ofthe City of Seal Beach
at a meeting thereof held on the 18th day of July 2007 by the following vote:
AYES: CommiSSIOners Roberts, Bello, Delay, and Massa-lavitt
NOES: Commissioners None
ABSENT: Commissioners Deaton,
ABSTAIN: Commissioners None
ary oberts
lairperson, Planning Commission
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Lee WHIttenberg
Secretary, Planning Comm'
Planning Commission Resolution 07-41
Minor Plan Review 07-17
931 Heron Circle
July /8, 2007
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