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HomeMy WebLinkAboutPC Res 06-28 - 2006-07-19 RESOLUTION NUMBER 06-28 O,fl/s;, /tI4 t. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 06-8, APPROVING AN 18-INCH HIGH SPA IN THE REAR YARD SETBACK AT 957 BLUE HERON, SEAL BEACH, THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIOn 1. On May 31, 2006, Paul Kagan ("The ApplIcant") filed an applIcatIon for Mmor Plan ReVIew 06-8 with the Department of Development Services. Through MPR 06-8, the apphcant sought to construct an I8-mche high spa m the 15-foot rear setback area at 957 Blue Heron, Seal Bcach. SectIon 2 Pursuant to 14 CalIf Code of Regs ~ I5025(a) and ~ H.B of the CIty's Local CEQA GUIdelInes, staffhas determIned as follows, The applicatIOn for Mmor Plan ReView 06-8 IS categorically exempt from review pursuant to the CalifoITUa EnVironmental QualIty Act pursuant to 14 CalIf Code of Regs, ~ 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES (a) smgle-famIly reSidences not In cOIljunctIon with the bUIldmg of two or more such UnIts In urbamzed areas, up to three smgle-famlly reSidences may be constructed or convertcd under thiS exemptIOn ~ I 506 I (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. ScctlOn 3. A duly notIccd hearing was held before the PlannIng CommiSSIOn on July 19,2006 to consldcr the aoolication for MInor Plan Review 06-8 SectIon 4, The rccord of the heanng on July 19, 2006 Indicates the followmg: (a) On May 31, 2006, Paul Kagan ("The ApplIcant") filed an applicatIOn for Mmor Plan ReVIew 06-8 WIth the Departmcnt of Development ServIces (b) SpeCIfically, the request IS to construct an 18 Inches hIgh spa m the I5-foot rear setback arca (c) The subject property IS described as 199-201-40 and IS located m the Hellman Ranch SpeCific Plan (SPR) zone WithIn the nClghborhood generally rcfcrred to as "Heron Pomt", (d) The surroundmg land uses and ZOnIng are as follows: NORTH SOUTH: EAST, WEST Hellman Ranch Wetlands m the SpeCIfic Plan (SPR) zone SIngle family reSIdences In the SpeCIfic Plan (SPR) zone Smgle famIly resldcnces in the SpeCIfic Plan (SPR) zone Hellman Ranch Wetlands m the Specific Plan (SPR) zone 10f3 Plannlllg Comm,^SIOIl ResolullOn 06-28 Mznor Plan RevIew 06-8 957 Blue Heron July 19, 2006 (e) The CIty recclved no comments, written or other, respondIng to the notices of the hearIng on MPR 06-8 SectIon 5, Based upon the facts contaIned In the record, mcluding those stated In ~ 4 of this resolution, and pursuant to ~ 28-401 ofthc City's Code, the PlannIng CommIssIon hereby finds as follows (a) Mmor Plan ReView 06-8, 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 m, the Land Use Element AccordIngly, the proposed use IS consIstent With the General Plan, (b) The proposed dcvclopment, as conditioned, complIes With all development standards of the Spcclfic Plan (SPR) zonc (c) The spa, as condItioned, IS appropnate to the surroundmg neighborhood as the structure IS an adcquate dIstance from adJacent reSidences Scction 6, Based upon the foregoing, the PlannIng CommISSIon hereby approves MInor Plan Revlcw 06-8, sublect to the folloWIng conditIOns: I Mmor Plan ReVIew 06-8 IS approved for an 18 Inches hIgh spa locatcd at 957 Blue Heron, Scal Beach, to be located 2 feet from the rear property lIne, wherc thc Code reqwres a 15- foot setback, 2, All construcl1on shall be in substantial compliance With the plans approvcd through M mor Plan Rcvlew 06-8. 3. BuddIng permIts shall be obtaIned for the approved structures. 4 ThIS MInor Plan Review shall not become effcctlve 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 notanzed and returned to the PlallllIng Department, and untIl the ten (10) day appeal penod has elapsed. PASSED, APPROVED AND ADOPTED by thc PlaJIning CommiSSIon of the City of Seal Beach at a meetIng thereof held on the 19th day of July 2006 by the follOWIng vote: AYES: CommissIOners Deaton, Bello, O'Malley, and Roberts, 20f3 Plcllllllng COmmZS^lOn Re^olutlOn 06-28 Mmor Ploll Rev,ew 06-8 957 Blue Heron July 19, 2006 NOES' CommiSSIoners None ABSENT: CommISSIOners Ladner Lee Whlttcnberg Secretary, PlaJmmg Commlss' n **** 30f3 d <. (A. V a /)./ ~;;t;;:.;;) " , Ellery Deaton Acting ChaIrperson, PlannIng CommisSion