HomeMy WebLinkAboutPC Res 05-51 - 2005-10-05
RESOLUTION NO. 05-51
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
MINOR PLAN REVIEW 05-13, PERMITTING NEW
CONSTRUCTION OF TWO ROCK WATERFALLS IN
THE REAR YARD SETBACK AND A BBQ ISLAND
IN THE SIDE YARD SETBACK AT 1405 SANDPIPER
DRIVE, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On August 31, 2005, Dave Simmons submitted an application for
Minor Plan Review 05-13. Specifically, the applicant is seeking to construct two approximately
6 feet hIgh, stone waterfalls within the 10 feet rear yard setback and a 36 - 42 inch hIgh BBQ
island within the 5 feet side yard setback ofthe subject property.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ll.B of the
CIty'S Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan
Review 05-13 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 an 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 October 5, 2005 to consider the application for Minor Plan Review 05-13.
Section 4.
The record of the hearing on October 5, 2005 indicates the
following:
(a) On August 31, 2005, Dave Simmons submitted an application for Minor
Plan Review 05-13.
(b) Specifically, the applicant is seeking review of a proposal to construct two
approximately 6 feet high, rock waterfalls within the 10 feet rear yard setback and a 36 - 42 inch
high BBQ island within the 5 feet side yard setback of the subject property.
(c) The subject property is described as 199-197-24, and is located in what is
generally referred to as "Marina HIll"
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Planmng Commlsswn Resolutwn 05-5 J
Mmor Plan RevIew 05-13. 1450 SandpIper Drive
October 5th, 2005
(d) The surrounding land uses and zoning are as follows:
o North: Single Family residential uses in the Residential Low Density zone
(RLD) commonly referred to as the "Marina Hill".
o South: Single Family residential uses in the Residential Low Density zone
(RLD) commonly referred to as the "Marina Hill".
o West: Single Family residential uses in the Residential Low Density zone
(RLD) commonly referred to as the "Marina Hill".
o East: Single FamIly residential uses in the Residential Low Density zone
(RLD) commonly referred to as the "Marina Hill".
( e) The request is to construct within the rear yard and side yard setback areas
of the subject property, in conjunction with the rear yard landscape and hardscape plan that
includes a spa. The request specifically includes the installation of two approximately 6 feet high,
rock waterfalls within the 10 feet rear yard setback and a 36 - 42 inch high BBQ island within
the 5 feet side yard setback of the subject property.
(f)
review request.
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
94 of this resolution, and pursuant to ~9 28-1158 of the City's Code, the Planning Commission
hereby finds as follows:
(a) Minor Plan Review 05-13, 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. The proposed rock waterfalls and BBQ
island are appropriate to the surrounding neighborhood, as several similar structures have been
approved in the past.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 05-13, subject to the following conditions:
1. Minor Plan Review 05-13 is approved for the proposed structures at 1405 Sandpiper Drive,
Seal Beach. The proposed project entails the construction of two approximately 6 feet high,
rock waterfalls within the 10 feet rear yard setback of the subject and a 36 - 42 inch high
BBQ island within the 5 feet side yard setback of the subject property.
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Planmng CommiSSIOn ResolutIOn 05-51
Mznor Plan Review 05-13, 1450 Sandpiper Drzve
October 5th, 2005
2. All construction shall be in substantial compliance with the plans approved through MPR
05-13.
3. Building permits shall be obtained for the approved structures.
4. The waterfalls shall not flow between 10 p.m. and 7 a.m.
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 5th day of October 2005 by the following vote:
AYES: Commissioners
Shanks, Deaton, Ladner, and Roberts,
NOES: Commissioners
None
ABSENT: Commissioners O'Malley
~~~
Gordon Shanks
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commis
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