HomeMy WebLinkAboutPC Res 02-48 - 2003-01-08
OR\G\NAL
RESOLUTION NO. 02-48
RESOLUTION NO. 02-48, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH APPROVING MINOR PLAN
REVIEW 02-10, PERMITTING NEW
CONSTRUCTION OF A FREESTANDING
FIREPLACE STRUCTURE IN THE REAR
YARD SETBACK AT 12290 BRJDGEWATER,
SEAL BEACH
THE PLANNING COMMISSION or THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On December 5, 2002, Charles and Asc1a Thomason
submitted an application for Minor Plan Review 02-10. Specifically, the applicant is
seeking Architectural Review of a proposal to construct a new 1O'-high freestanding
fireplaec structure within the rear and side yard setback area ofthe subject property.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ n.s
of the City's Local CEQA Guidelincs, slaff has detennined as follows: The application
for Minor Plan Review 02-10 is categorically exempt from review pursuant 10 the
California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303 (New
Construction), bceause it involves the conslruction of an accessory structures; and,
pursuant to ~ 15061 (b )(3), because it can be seen with certainty that there is no possibility
that tbc approval may have a significant ctlect on the environmcnt.
Section 3. ^ duly noticed hearing was held before the Planning
Commission 011 January 8, 2003 to consider the application for Minor Plan Revicw 02-
10.
Section 4.
The record of the hearing on January 8, 2003 indicates the
following:
(a) On Dcccmber 5,2002, Charlcs and Asela Thomason submitted an
appl ication for Minor Plan Review 02-10.
(h) Spccifically, the applicant is seeking Architectural Rcvicw of a
proposal to construct a new 10' -high u-eestanding fireplace structure within the rear and
side yard setback area orthe suhject propcrty.
(c) The subject property is legally dcscnbed as Lot 15, Tract 15797,
and is locatcd in thc Residential Low Density zone of Old Ranch (Centex Homes
development).
(d) The subject property is rectangular In shape with a lot area or
4,895 square rcct (55' x 89').
(c) The sUlTounding land uses and zoning arc as follows:
o ALL DIRECTIONS: Single Family residential uses in the
Residential medium Density zone (RLD) as part of the Old Ranch
residential developmenl constructed by Ccntex Homes.
o SOUTH: ApproximatcIy 100 fcet to the south is the Old
Ranch Towne Centcr development, located in the General Commercial (C-
2) z.one. The closest commercial use is the Target Garden Store outdoor
sales arca.
C \Documenls and Scltmgs\LWlnltrnbrlglMy f)()cllm~"I.IRESO\MPR02-IO -1229013l1dgcwalrr PC Res" "n",LW\01..{)R-03
Plmlllmg Commi.HlOlI Resolution 02-48
Minor Plan Review 02-10
12290 Bridgewater
.lalll/c/ry' 8, 2003
(I) The request is to construct a new 10' -high frecstanding fireplace
structure within the rear and side yard setback area of the subjcct property. The proposed
fireplace is located diagonally in the southea.,t comer of the propcrty and is proposed to
be located a minimum of 2.5-feet from the rear property line and a minimum of 4-fcct
fi'om thc side property lines at the c10scst at thc corncrs of the fireplace structure to the
property lincs.
(g) The City has received no wlitten rcsponses m oppositiun this
minor plan review request.
Section 5. Based upon the facts contained in the record, mc1uding thosc
stated in ~ 4 of this resolution, and pursuant to ~~ 28-1158 of the City's Code, the
Planning Commission hereby finds as follows:
(a) Minor Plan Review 02-10, as comhtioned, is consistent with the
provIsions of the Land Usc Element of the City's General Plan, which provides a
"Residential low Dcnsity" designation fur the subject property and pe1ll1its the proposed
development, subject to approval of a Minor Plan Review. The use is also consistent
with the remaining elemcnts of the City's General Plan as the policics of those elements
are consistent with, and reflected in, the Land Use Elemcnt. Accordingly, the proposcd
use is consistent with the General Plan.
(b) The proposed development as conditioned complies with all
development standards ufthe Residential Low Density (RLD) Zone.
(c) The proposed exterior fireplace, as conditioned, is appropJiate to
the surrounding neighborhood and will not excccd ten feet in height.
Section 6. Based upon the foregoing, the Planning Commission
hereby approves Minor Plan Review 02-10, subject to the following conditions:
1. Minor Plan Review 02-10 is approved for architcclural review at 12290 BJidgewatcr,
Seal Beach. The proposed project entails the construction of a 10'-high freestanding
fireplace structure within the rear and side yard setback area of the subject propcrty.
2. All consl1uction shall be in substantial compliance with the plans approved through
MPR 02-10. No portion of the fireplacc structure above 6-feet in height shall be
located within the 5-foot side yard sctbaek area.
3. This Minor Plan Review shall not become elTective for any purpose unless an
"Acceptance of Conditiuns" fonn has bcen signed by the applicant in the prcsence of
the Directur of Development Services, or notarized and returncd 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 thercufheld on the 8th day of January ,2003
by the Following vote:
A YES: C0I111llJssioncrs
DEATON,LADNER,SHANKS,ANDSHARP
NOES: Commissioners
AI3SENT: Commissioners HOOD
ABSTAIN: Commissioners
MPR 112-111- 12290 Blidgcwatfl PC Reso
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Planning COIllIII/.\,viOlr ResolutlOlI 02-48
Mll10r Plall Review 02-10
12290 Bridgell'ater
Jal1l/w)J 8. 2n03
M I'R 02-10 - 12290 BlIdgcwalcl I'C R.so
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