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HomeMy WebLinkAboutPC Res 04-53 - 2004-11-03 RESOLUTION NO. 04-53 o R/ 6'1- W4( A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 04-11, PERMITTING NEW CONSTRUCTION OF A WATERSLIDE STRUCTURE i IN THE REAR AND SIDE YARD S~TBACK AREAS AT 173 STANFORD LANE, SEAL BEACH. I THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: ! I , Section 1. On September 29, 2004, Rob and Kelly Wigod submitted an application for Minor Plan Review 04-11. Specifically, the applicant is seeking Architectural Review of a proposal to construct a waterslide structure, in conjunction with the construction of a new pool, in the rear and side yard setback area of the subject property. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ H.B of the City's Local CEQA Guidelines, staff has detennined as follows: The application for Minor Plan Review 04-3 is categorically exempt from review pursuant to the California EnvIronmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303 (New Construction), because it involves the construction of accessory structures; and, pursuant to ~ 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 enVIromnent. Section 3. A duly noticed hearing was held before the Planning Commission on October 20, 2004 to consider the application for Minor Plan Review 04-11. Section 4. The record of the hearing on October 20, 2004 indicates the following: I (a) On September 29, 2004, Rob and Ke\ly Wigod submitted an application for Minor Plan Review 04-11. i (b) Specifically, the applicant is seeking Architectural Review of a proposal to construct a waterslide structure, in conjunction with the construction of a new pool, within the rear and side yard setback areas of the subject property. ' (c) The subject property IS described as 086-612-018, and IS located in the Residential Low Density Zone of what is generally referred to as "College Park West." (d) The surrounding land uses and zoning are as follows: o ALL DIRECTIONS: Single Family residential uses in the Residential Low Density zone. (e) The request is to construct a waterslide structure, in conjunction with the construction of a new pool, within the rear and side yard setback areas of the subject property. The waterslide structure will be located approximately one foot from the rear yard propelty line and one foot from the northerly side property line. (f) The adjacent residence to the west is approximately 29 feet from the proposed waterslIde and the adjacent residence to the north is approximately 25 feet from the high point of the proposed waterslide structure. (g) review request. The City has received no wntten responses in opposition this minor plan Page 1 of2 Pla1llll1lg CommlSSI01l ResolutlO1l No 04-53 MlIlor Plan ReVlew04-11 - 173 Stanford Lane November 3, 2004 Section 5. Based upon the facts contained in the record, including those stated in S 4 of this resolution, and pursuant to ~S 28-1158 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 04-11, 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 pennits 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 development, as conditioned, complies with all development standards of the Residential Low Density (RLD) Zone. (c) The proposed waterslide structure, as conditioned, is appropriate for the surrounding neighborhood, as similar structures have been approved in the past. Section 6. Based upon the foregoing, the Planning CommIssion hereby approves Minor Plan Review 04-11, subject to the following conditions: I. Minor Plan Review 04-11 is approved for Architectural Review at 173 Stanford Lane. The proposed project entails the construction of a maximum 7' high waterslide structure within the rear and side yard setback areas of the subject property. 2. All construction shall be in substantial compliance with the plans approved through MPR 04-11. No part of the structure shall exceed 7 feet In heIght. 3. 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 Planning Commission of the City of Seal Beach at a meeting thereof held on the 3rd day of November 2004 by the following vote: AYES: Commissioners Shanks, Deaton, Roberts, and Sharp NOES: Commissioners None ABSENT: Commissioners Ladner ~ :11:t: Gordon lks Vice-Chairperson, Planning Commission **** Page 2 of2