HomeMy WebLinkAboutPC Res 04-12 - 2004-04-07
ORIS
A RESOLUTION OF THE PLANNING COMMISSION '/1//4 ~
OF THE CITY OF SEAL BEACH APPROVING
MINOR PLAN REVIEW 04-3, PERMITTING NEW
CONSTRUCTION OF A WATERFALL AND
GROTTO STRUCTURE IN THE REAR YARD
SETBACK AREA AT 405 CRYSTAL PLACE, SEAL
BEACH
RESOLUTION NO. 04-12
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On February 12, 2004, John Kearns submitted an application for
Minor Plan Review 04-3. Specifically, the applicant is seeking Architectural Review of a
proposal to construct a waterfall and grotto structure to be located in the rear yard setback area of
the subject property.
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 04-3 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
environment.
Section 3. A duly noticed hearing was held before the Planning Commission
on April 7, 2004 to consider the application for Minor Plan Review 04-3.
Section 4.
The record ofthe hearing on April 7, 2004 indicates the following:
(a) On February 12, 2004, John Kearns submitted an application for Mmor
Plan Review 04-3.
(b) Specifically, the applicant is seeking Architectural Review of a proposal to
construct a waterfall and grotto structure adjoining an existing pool, within the rear yard setback
area of the subject property.
(c) The subject property is described as 043-281-010, and is located in the
Residential Low Density Zone of what is generally referred to as "the Hill"
(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 new waterfall and a grotto structure adjacent
to an existing pool, within the rear yard setback area of the subject property. The
waterfall structure will be located approximately two feet from the rear yard
property line. The adjoining grotto, at the closest point, will be located
approximately three feet from the rear yard property line.
(f)
review request.
The City has received no written responses in opposition this minor plan
Section 5. Based upon the facts contained in the record, including those stated in
~ 4 of this resolution, and pursuant to ~~ 28-1158 of the City's Code, the Planning Commission
hereby finds as follows:
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Plannzng CommzsslOn ResolutIOn 04-12
MPR 04-3 405 Crystal Place
Apnl 7, 2004
a. Minor Plan Review 04-3, 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 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 waterfall and grotto structures, as conditioned, are appropriate to 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 04-3, subject to the following conditions:
1. Minor Plan Review 04-3 is approved for architectural review at 405 Crystal Place, Seal
Beach. The proposed project entails the construction of a waterfall and grotto structure
within the rear yard setback area ofthe subject property.
2. All construction shall be in substantial compliance with the plans approved through MPR
04-3.
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 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 7th day of April 2004 by the following vote:
AYES: Commissioners
Sharp, Deaton, Eagar, Ladner, and Shanks
NOES: Commissioners
None
ABSENT: Commissioners None
~
Lee Whittenberg
Secretary Planning Commission
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