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HomeMy WebLinkAboutPC Res 05-08 - 2005-02-09 ~ RESOLUTION NUMBER 05-8 OR/S/fi, 'J/4L A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 05-1, APPROVING CONSTRUCTION OF A CUSTOM FOUNT AIN WALL AND ARCH UP TO 8 FEET IN HEIGHT IN THE SIDE YARD SETBACK ON THE SOUTH SIDE OF THE PROPERTY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On January 19, 2005 Pacifica Landscape & Masonry ("The Applicant") submitted an application to the Department of Development Services for Minor Plan Review 05-1 with the Department of Development Services. Through MPR 05-1, the apphcant sought to construct a custom fountain wall and arch up to 8 feet in height in the side yard setback on the south side of the property at 122 Eleventh Street, 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 05-1 is categoncally 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 m 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 certamty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed hearmg was held before the Planning Commission on February 9, 2005 to consider the application for Mmor Plan Review 05-1. Section 4. The record of the hearing on February 9, 2005 indicates the following: (a) On January 19, 2005, Pacifica Landscape & Masonry ("The Applicant") filed an application for Minor Plan Review 05-1 with the Department of Development ServIces. Specifically, the request is to construct a custom fountain wall and arch up to 8 feet in height m the side yard setback on the south side of the property at 122 Eleventh Street, Seal Beach. (b) The subject property is described as 199-072-36, and is located in the Residential High Density (RHD) zone in District 1, WIthin the neighborhood generally referred to as "Old Town." (c) The surrounding land uses and zoning are as follows: WEST: Mix of smgle family to multI-famlly residences in Residential High Density zone Mix of single family to multi-family residences in Residential High Density zone Mix of single family to multi-family residences across alley in Residential High Density zone Mix of smgle family to multi-famIly residences across 11th Street in Residential High Density zone NORTH: SOUTH: EAST: (d) The City received no comments, written or other, responding to the notices of the hearing on MPR 05-1. Section 5. Based upon the facts contained in the record, including those stated m ~ 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 05-1, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a " high density residential" designation for the subject property and permIts residential uses. The use IS also consistent with Page 1 of2 Planning CommISSIOn ResolutIOn 05-8 Mmor Plan RevIew 05-1 122 Eleventh St February 9,2005 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 High Density (RHD) zone. (c) The fountain wall structure, as conditioned, is 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 05-1, subject to the following conditions: 1. Minor Plan Review 05-1 is approved at 122 Eleventh Street. The project includes construction of a custom fountain wall and arch up to 8 feet in height in the side yard setback on the south side of the subject property. 2. All construction shall be in substantial compliance with the plans approved through MPR 05-1. No part of the structure shall exceed heights approved by this Minor Plan Review. 3. Building permits shall be obtained for the fountain and wall. 4. 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 9th day of February 2005 by the following vote: AYES: Commissioners Ladner, Roberts, Shanks, and Sharp NOES: Commissioners None ABSENT: Commissioners Deaton hil Ladner Chairperson, Planning Commission ti:A~ Lee Wliittenberg Secretary, Plannmg CommIssIon **** Page 2 of2