HomeMy WebLinkAboutPC Res 23-10 - 2023-06-05 RESOLUTION NO. 23-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 23-5
WITH CONDITIONS, TO ALLOW THE CONSTRUCTION OF AN
ARCHITECTURAL GATE STRUCTURE WITHIN THE FRONT
YARD SETBACK THAT EXCEEDS THE MAXIMUM HEIGHT
ALLOWED OF 3'-6". ON AN EXISTING SINGLE-FAMILY
RESIDENCE LOCATED IN THE RESIDENTIAL LOW DENSITY
(RLD-9) ZONING AREA AT 4864 IRONWOOD AVENUE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
Section 1 . Daniella Carter ("the applicant") on behalf of Lindsay Cunningham
("the owner") submitted an application to the Community Development Department for Minor
Use Permit 23-5. The proposed project includes the construction of a 8'-0" tall pilaster block
gate structure within the front yard setback at a residential property located in the Residential
Low Density (RLD-9) zoning area where the maximum height allowed is 3'-6".
Section 2. This project is determined to be a Class 3 (New Construction)
Categorical Exemption pursuant to Section 15303 of the Guidelines for the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the construction
of an architectural gate feature/accessory structure within the front yard setback.
Section 3. A duly noticed public hearing was held before the Planning
Commission on June 5, 2023, to consider Minor Use Permit 23-5. At the public hearing, the
Planning Commission received into the record all evidence and testimony provided on this
matter. The record of the hearing indicates the following:
A. The applicant submitted an application to the Community Development
Department for Minor Use Permit 23-5 for a proposed project at 4864 Ironwood Avenue. Seal
Beach, California.
B. The subject property is rectangular in shape with a lot area of
approximately 5,200 square feet. The property is approximately 52 feet wide by 100 feet deep.
The site is surrounded by residential uses on all sides.
C. The subject property is currently developed with a two-story building that
contains a single-family residence with an attached 2-car garage. The subject property is
considered to be conforming. and the proposed improvements will not result in any
non conformities.
D. The Seal Beach Municipal Code (SBMC § 11 .4.15.010.0 and
11.4.15.025.B, respectively) allows for modifications to fence height standards and for
construction of architectural gate features around walkways provided all required findings are
met.
E. The applicant is requesting to construct a new CMU (Concrete Masonry
Unit) block wall fence 3'-6" tall and to construct a new block pilaster gate structure measuring
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Resolution 23-10
4864 Ironwood Ave
8'-0" in total height, and measuring 5'-4" to 7'-0" in width for the top decorative wood beam
within the front yard setback where the maximum height allowed is 3'-6".
Section 4. Based upon the facts contained in the record, including those stated
in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Seal Beach
Municipal Code, the Planning Commission makes the following findings:
A. The proposed minor improvements are consistent with the General Plan
which encourages architectural diversity in the College Park East area while ensuring
compatibility between residential properties. The General Plan also recognizes existing land
uses and permits minor alterations. The proposed construction of the block wall and block
pilaster gate structure will not change the character of the property, will not expand or create
any nonconformities, and will be consistent with other surrounding properties.
B. The proposed use is allowed within the applicable zoning district with
Minor Use Permit approval and will comply with all other applicable provisions of the Municipal
Code. The subject site is located within the College Park East/RLD-9 zone, an area where the
Seal Beach Municipal Code (Section 11.4.015.010.0 and 11.4.15.025.B) allows for
construction of architectural features around walkways and for modifications to fence height
standards with approval of a Minor Use Permit.
C. The proposed use. as conditioned below, will be located on a site that is
physically adequate for the type, density. and intensity of use being proposed, including
provision of services, and the absence of physical constraints. The subject site is currently
developed with a two-story building that contains a single-family residence with an attached 2-
car garage and is considered to be code conforming property. The construction of the block
wall fence and construction of the block pilaster gate structure within the front setback will not
add habitable space and will maintain development standards applicable to the RLD-9 zone.
The improvement will not increase density or change beyond the existing use of property.
D. The location, size, design, and operating characteristics of the proposed
use, as conditioned below, will be compatible with and will not adversely affect uses and
properties in the surrounding neighborhood. The subject site is located within the RLD-9 zone,
which consists of properties developed as single-family residences. The improvement will not
add habitable space, will not change existing operating characteristics of the single-family
residence, and will remain similar to surrounding uses throughout the RLD-9 zone.
E. The establishment, maintenance, and operation of the proposed use will
not be detrimental to the health. safety, or welfare of persons residing or working in the vicinity.
The replacement of the fence will keep in character with the surrounding properties and will not
increase square footage of the structures on site or intensify use on the property. The subject
site will continue to operate as a residential property, which is consistent with the uses in the
surrounding neighborhood.
F. The block pilaster gate structure will be compatible with the design,
appearance, and physical characteristics of the site and other existing structures in the
surrounding neighborhood as this fence style is commonly used in residential neighborhoods
and is part of a comprehensive architectural upgrade to create a cohesive front yard design.
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Resolution 23-10
4864 Ironwood Ave
G. The height, orientation, and location of the fence is in proper relation to the
physical characteristics of the site and surrounding properties as it is set back 3 -1" from the
property line.
H. The fence will be a planned architectural feature and would not dominate
the site or overwhelm surrounding properties, structures. or passersby as the 3'-1" wide
landscape planter in front of the fence will be maintained to establish a softening effect to the
fence and its height.
The fence will be of sound construction and located so as not to cause a
safety hazard. The construction of the fence will comply with all regulations that pertain to the
installation of an 8'-0" block pilaster gate structure and the location of the fence will not obstruct
vision for any driveways or obstruct any visibility triangles that could be dangerous for vehicle
and pedestrian traffic.
Section 5. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 23-5 for the construction of a block wall fence and construction of
a 8'-0" block pilaster fence within the front yard setback at a residence where the maximum
height allowed is 3'-6", subject to the following conditions:
1. Minor Use Permit 23-5 is approved for the construction of an 8'-0" block pilaster gate
structure within the front yard setback where the maximum height allowed is 3'-6" at a
residence on a conforming property located at 4864 Ironwood Avenue.
2. The architectural gate feature shall not exceed a maximum height of 8'-0" and be built
in accordance with the plans dated May 23, 2023.
3. All plan checks and future construction shall be in substantial compliance with the plans
dated May 23, 2023, and approved through Minor Use Permit 23-5. All new construction
shall comply with all applicable state and local codes.
4. The applicant is required to obtain all Building and Safety permits prior to construction
or demolition.
5. This Minor Use Permit shall not become effective for any purpose unless an
"Acceptance of Conditions" form has been signed, notarized, and returned to the
Community Development Department; and until the ten (10) day appeal period has
elapsed.
6. The applicant shall indemnify, defend and hold harmless the City, its officers. agents
and employees (collectively "the City" hereinafter) from any and all claims and losses
whatsoever occurring or resulting to any and all persons, firms, or corporations
furnishing or supplying work, services, materials, or supplies in connection with the
performance of the use permitted hereby or the exercise of the rights granted herein,
and any and all claims, lawsuits or actions arising from the granting of or the exercise of
the rights permitted by this Minor Use Permit, and from any and all claims and losses
occurring or resulting to any person, firm, corporation or property for damage, injury or
death arising out of or connected with the performance of the use permitted hereby.
Applicant's obligation to indemnify, defend and hold harmless the City as stated herein
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Resolution 23-10
4864 Ironwood Ave
shall include, but not be limited to, paying all fees and costs incurred by legal counsel of
the City's choice in representing the City in connection with any such claims, losses,
lawsuits or actions, expert witness fees, and any award of damages, judgments,
verdicts, court costs or attorneys' fees in any such lawsuit or action.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a
meeting thereof held on June 5, 2023, by the following vote:
AYES: Commissioners Coles. Massetti, Campbell, Mingione
NOES: Commissioners Wheeler
ABSENT: Commissioners
ABSTAIN: Commissioners
Patty Cam ell
Chairperson
ATTEST:
Alexa Smittle
Planning Commission Secretary
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