HomeMy WebLinkAboutPC Res 04-35 - 2004-08-18
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RESOLUTION NO. 04-35 0.1'>"
A RESOLUTION OF THE PLANNING COMMISSION OF THE S ~A /
CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW "1 ~
04-7, PERMITTING A SOLID CONSTRUCTION ROCK
FORMATION, WATERFALL, AND WATERSLIDE LOCATED
IN THE REAR AND SIDE YARD SETBACKS AT 105 SURF
PLACE, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On July 1, 2004, Thomas & Cynthia Dutton ("The Applicant")
submitted an application for Minor Plan Review 04-7 with the Department of Development
Services. The applicants sought to permit a proposed built in solid rock formation, waterfall, and
waterslide in the rear and side yard setbacks at 105 Surf Place, Seal Beach.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the
City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan
Review No. 04-7 is categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303 because it involves the addition of an
accessory structure; 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 environment.
Section 3. A duly noticed hearing was held before the Planning Commission
on July 21, 2004 to consider Minor Plan Review 04-7.
Section 4.
The record ofthe hearing indicates the following:
(a) On July 1, 1004, Thomas & Cynthia Dutton submitted an application for
Minor Plan Review 04-7.
(b) Specifically, the applicant is seeking to permit a solid built rock formation
and waterslide to be located within the rear and side yard setback.
(c) The subject property is legally described as Orange County Assessor's
Parcel Number 043-121-32 and is located in the Residential Low DensIty zone on what is
commonly referred to as "The Hill."
(d) The subject property is roughly trapezoidal in shape.
(e) The subject property is bordered on the South, East, and West by
residential housing in the Residential Low Density zone. To the North, the Hellman Ranch
Property in a Specific Plan Zone borders the subject property.
(f) Staff has received one response to its mailed notice regarding Minor Plan
Review 04-7, expressing support for the application.
Section 5. Based upon the evidence in the record, including the facts 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 04-7 is consistent with the 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 single-family 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.
Section 6. Based on the foregoing, the Planning Commission hereby approves
Minor Plan Review 04-7, subject to the following conditions:
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Planning CommIssIOn ResolutIOn No 04-35
Mmor Plan RevIew 04-7 105 Surf Place
August 18, 2004
1. Minor Plan Review 04-7 is approved for the addition of a rock waterfall and waterslide to be
located in the rear and side yard setback area.
2. All construction shall be in substantial compliance with the plans approved through MPR
04-7
3. 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 Plannmg 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 18th day of August 2004 by the following vote:
AYES: Commissioners
Sharp, Deaton, Ladner, Roberts, and Shanks
NOES: Commissioners
None
ABSENT: Commissioners None
Lee Whittenberg
Secretary, Planning Commission
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