HomeMy WebLinkAboutPC Res 06-40 - 2006-09-06
RESOLUTION NUMBER 06-40
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW
06-9 FOR A 42-INCH HIGH BARBEQUE AND COUNTER
STRUCTURE, AND 48-INCH HIGH WATERFALL IN THE
REAR YARD SETBACK AREA AT 928 BLUE HERON, SEAL
BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On July 31, 2006, Robert and VIctoria Lienau ("The Applicants")
filed an application for Minor Plan Review 06-11 with the Department of Development ServIces.
Through MPR 06-11, the applicant sought to construct a 42-inch high barbeque and counter
structure, and a 48-inch high waterfall within the 15-foot rear setback area at 928 Blue Heron,
Seal Beach.
Section 2. Pursuant to 14 Calif. Code of Regs. S 15025(a) and S ILB of the
City's Local CEQA GUIdelines, staffhas determined as follows: The application for Mmor Plan
ReVIew 06-11 is categorically exempt from review pursuant to the California EnVIronmental
Quality Act pursuant to 14 Calif. Code of Regs. S 15303 NEW CONSTRUCTION OR
CONVERSION OF SMALL STRUCTURES (a) single family residences not in 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. S 15061(b)(3), because it can
be seen with certainty that there is no possibility that the approval may have a sigmficant effect
on the environment.
Section 3. A duly noticed hearing was held before the Planning CommISSIOn
on September 6, 2006 to consider the application for Minor Plan Review 06-11.
Section 4.
The record of the hearing on September 6, 2006 mdicates the
following:
(a) On July 31, 2006, Robert and Victoria Lienau ("The
Applicants") filed an application for Minor Plan Review 06-11 WIth the Department of
Development ServIces.
(b) SpecIfically, the request is to construct a 42-inch high
barbeque and counter structure, and a 48-mch high waterfall within the 15-foot rear setback area.
(c ) The subj ect property is located in the Hellman Ranch
Specific Plan (SPR) zone within the neighborhood generally referred to as "Heron Point".
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Plannzng CommISSIOn ResolutIOn No 06-40
Mznor Plan ReVIew 06-11
928 Blue Heron
September 6, 2006
(d) The surrounding land uses and zoning are as follows:
NORTH:
SOUTH:
EAST:
WEST:
Single family residences in the Specific Plan (SPR) zone
Single family residences in the Specific Plan (SPR) zone
Single family residences in the Specific Plan (SPR) zone
Single family residences in the Specific Plan (SPR) zone
(e) The City received no comments, written or other,
responding to the notices of the hearing on MPR 06-11.
Section 5. Based upon the facts contained in the record, includIng those stated
in S 4 of this resolution, and pursuant to S 28-401 of the City's Code, the Planning Commission
hereby finds as follows:
(a) Minor Plan Review 06-11, 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 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 Specific Plan (SPR) zone.
(c) The BBQ and counter structure, as conditioned, is
appropnate to the surrounding neighborhood as the structure is an adequate dIstance from
adjacent residences.
SectIon 6. Based upon the foregoing, the Planning Commission hereby
approves MInor Plan Review 06-11, subject to the following conditions:
1. Minor PIan Review 06-11 is approved for a 42-inch high barbeque and counter structure,
and a 48-mch high waterfall located at 928 Blue Heron, Seal Beach, to be located five feet
and four feet, respectively, from the existing 6-foot high fence on the rear property line,
where the Code requires a IS-foot setback.
2. All construction shall be in substantial compliance with the plans approved through Minor
Plan Review 06-11.
3. Building permits shall be obtained for the approved structures.
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
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Plannzng CommISSIOn ResolutIOn No 06-40
Mznor Plan ReVIew 06-11
928 Blue Heron
September 6, 2006
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 6th day of September 2006 by the following vote:
AYES: Commissioners Deaton, Bello, Ladner, O'Malley, and Roberts
NOES: Commissioners None
ABSENT: Commissioners None
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Ellery Deaton
Chairperson, Planning Commission
Lee Whittenberg
Secretary, Planning Commissio
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