HomeMy WebLinkAboutPC Res 04-57 - 2004-12-08
RESOLUTION NUMBER 04-57 O,f>/ 6'f,
A RESOLUTION OF THE PLANNING COMMISSION OF THE ~41
CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW <.
04-13, APPROVING THE RETENTION OF A PREVIOUSLY
CONSTRUCTED SPA AND 9 FEET HIGH LATTICE COVER
STRUCTURE WITH POSTS IN THE REAR AND SIDE
SETBACK AREAS AT 277 HARVARD LANE, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On November 4, 2004, Linda Lee Vieth ("The Applicant") filed an
applIcation for Minor Plan Review 04-13 with the Department of Development Services.
Through MPR 04-13, the applicant sought to retain a preVIously constructed spa and 9 feet high
lattice cover structure with posts in the rear and side setback areas at 277 Harvard Lane, Seal
Beach.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.B of the
City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan
Review 04-13 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) single-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. ~ 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 December 8, 2004 to consider the applIcation for Minor Plan Review 04-13.
Section 4.
The record of the hearing on December 8, 2004 indicates the
following:
(a) On November 4, 2004, Linda Lee Vieth ("The Applicant") filed an
application for Minor Plan Review 04-13 WIth the Department of
Development Services.
(b) Specifically, the request is to retain a previously constructed spa and 9 feet
high lattice cover structure with posts in the rear and side setback areas at
277 Harvard Lane, Seal Beach.
(c) The subject property is described as 086-623-16, and is located in the
Residential Low Density (RLD) zone within the neighborhood generally
referred to as "College Park West."
(d) The surrounding land uses and zoning are as follows:
o NORTH: Low density single family residential
o SOUTH: Low density smgle family residential
o EAST: Low density single famIly residential
o WEST:Flood control channel Public Land Use/Recreation zone (PLU/R) with a
nursery use adjacent to Edison Park and the Los Angeles County lme
(e) The City received no comments, written or other, responding to the
notices of the hearing on MPR 04-13.
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 Planning Commission
hereby finds as follows:
(a) Minor Plan Review 04-13, as conditioned, IS consistent with the
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Plannmg CommIssion ResolutIOn 04-57
Minor Plan Revzew 03-7
277 Harvard Lane
December 8, 2004
provisions of the Land Use Element of the City's General Plan, which provides a " low density
residential" designation for the subject property and permits residential uses. 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 development, as conditioned, complies with all standards of the
Residential Low Density (RLD) zone.
(c) The spa and lattice structure, as conditioned, are appropriate for the
surrounding neighborhood, as other similar sized structures have been approved in the past.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 04-13, subject to the following conditions:
I. Minor Plan Review 04-13 is approved for a previously constructed spa and 9 feet high
lattice cover structure and posts in the rear and side setback areas.
2. All construction shall be in substantial compliance with the plans approved through
Minor Plan Review 04-13. No part ofthe structure shall exceed 9 feet in height.
3. Building permits shall be obtained for the as-built spa and lattice cover. The permits
shall be subject to double fee for work done without prior approvals and permits
accordmg to the California Building Code Section 107.5.2.
4. Any existing wood attachments to the side and rear property walls in excess of 6 feet in
height shall be removed or reduced to within the allowable 6 feet wall height limit.
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 returned to the Planning 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 meeting thereof held on the 8th day of December 2004 by the following vote:
AYES: Commissioners
Ladner, Deaton, Roberts, Shanks, and Sharp
NOES: Commissioners
None
ABSENT: Commissioners None
b<<-
Phil Ladner
Chairperson, Planning Commission
1r~~
' Lee WhIttenberg
Vsecretary, Planning Commission
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