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Home My WebLink AboutPC Res 02-47 - 2003-01-08 RESOLUTION NO. 02-47 OR\G\NAL A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 02-9, PERMITTING CONSTRUCTION OF A BARBEQUE/COUNTER STRUCTURE WITHIN THE REAR YARD SETBACK AREA AND FOUNTAIN WALL STRUCTURE WITHIN THE SIDE YARD SETBACK AREA AT 136 ELECTRIC AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On Dcccmbcr 3, 2002, Stcphen Curry submitted an application for Minor Plan Review 02-9. Specifically, the applicant is seeking Architectural Review of a proposal to construct a 36" high built-in barbeque/eounter structure within the rcar yard setback area and an 8'-4" high fountain wall within the side yard setback area ofthe subject property. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ 11.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 02-10 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 January 8, 2003 to consider the application for Minor Plan Review 02-9. Section 4. The record of the hearing on January 8, 2003 indicates the following: (a) On December 3,2002, Stephen Curry submitted an application for Minor Plan Review 02-9. (b) Specifically, the applicant is seeking Architectural Review of a proposal to construct a 36" high built-in barbeque/eounter structure within the rear yard setback area and an 8'-4" high fountain wall within the side yard setback area of the subject property. (c) The subject property is Orange County Assessor's Parcel 043-313- 04, and is located in the Residential Low DenSIty zone and has a "Planned Unit Development" overlay with a 3,000 square foot lot minimum requirement. (d) The subject property is located in a development that was approved through a Planned Unit Development (PUD) approval process in the late-1970's, and does not meet the standard city requirements for lot coverage and setbacks. The building permit for this residence was finaled in August 1980. The homes in this development incorporate a zero side-yard sctback on onc side of the property, allowing for a minimum 6-foot side yard setback on the opposite side yard. However, since the existing residence is in conformance with the allowable development standards of the PUD. it is not considered to be a non-conforming structure. (e) The subject property is rectangular in shape with a lot area of 3,528.4 square feet (40' x 88.21 '). C'IDocuments and Sellings\L Whlllenberg'llVly Oocllments\RFSOIMI'R 02-9 - 136 Electnc PC Reso doc\LW\O I-OR-03 Plannmg CommissIOn Reso/ution 02-47 Minor Plan Review 02-9 136 Electric Avenue January 8, 2003 (t) The surrounding land uses and zoning are as follows: o EAST, NORTH, and WEST: Single Family residential uses in the Residcntial Low Density zone (RLD) with a "Planned Unit Development" overlay with a 3,000 square foot lot minimum requirement. o SOUTH: A 5-unit detached-unit condominium project located in the Residential Medium Density (RMD) zonc. (g) The City has received no written responses in opposition this minor plan review request. Section 5. Based upon the facts contained in the record, including those stated in 9 4 of this resolution, and pursuant to 99 2R-ll 58 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 02-9, 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 rcmaining 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. (1) Section 28-401 of the Code of the City of Seal Beach states that "Detached accessory structures, excluding garages and habitable rooms, may be approved by the Planning Commission, subject to Consent Calendar plan review approval. Such structures shall have a maximum height of twelve feet (12') when located within 10 feet of the rear property line and are subject to the maximum lot coverage requirement. " (2) The subject request conforms to the provisions of Section 28-40 I, and the proposed structures are less than 12 feet in height. (b) The proposed development as conditioned complies with all development standards of the Residential Low Dcnsity (RLD) Zone. (1) The subject property is located in a development that was approved through a Planned Unit Development (PUD) approval process in the late- 1970's, and does not meet the standard city requirements for lot coverage and setbacks. The building permit for this residence was finaled in August 1980. The homes in this development incorporate a zero side-yard sctback on one side of the property, allowing for a minimum 6-toot side yard setback on the opposite side yard. However, since the existing residence is in conformance with the allowable development standards of the PUD, it is not considered to be a non-conforming structure. (2) The subject request conforms to the provisions of Section 28-401, and the proposed structures are less than 12 feet in height. (c) The proposed 36" high built-in barbeque/counter structure and fountain wall are appropriate to the surrounding neighborhood and will not exceed ten feet in height. (I) The proposed 36" high built-in barbeque/counter structure is located in the southwest comer of the property. The built-in barbequc!eountcr structure is approximately 12'-6" in total length, with the built-in barbeque being approximately 2' -6" in depth and the counter top area being 18" in dcpth. The proposed counter top would be "L" shaped and run between the built-in barbeque structure and the rear of the residence. (2) Adjacent to the proposed barbeque!counter structure on the adjoining properties are a gazebo area covering a spa on the property to the west and the driveway area for the 5-unit detached condominium project to the south. An approximate 6-foot high wall separates the properties along the rear property line adjacent to thc driveway area for the condominium project. An approximate 6-toot high wall separates the propcrtics along the west side property line adjacent to the gazebo and spa area of the MPR 02-9 - 136 Eleclnc.PC Reso 2 I'lannll1g Commission Resoll/llol1 02-47 Minar Plun Review 02-9 136 Electrrc AWllIIe January 8, 2003 adjoining property. This wall is approximately 8-feet in length and then the subject property residence IS located along the west side property line. (3) The 8'-4" high fountain wall is proposed to be located a minimum of 9 inches from the side property line, approximately 38.5 teet from Electric Avenue. The fountain wall is proposed to be viewed from the existing open courtyard of the residence. (4) The property adjacent to the proposed fountain wall IS a residence that is constructed on the property line, and has no window openings on the face of the two-story structural wall on thc property line. Due to the zero side yard development pattern in this particular development, the proposed fountain wall is adjacent to a blank, 2-story building wall, approximately IS-feet in hcight, of the adjacent home to the east. (S) The proposed fountain wall can be constructed at a 6-toot height in compliance with existing development standards of the City. The proposal to construct the fountain wall at a height of 8'-4" is to allow the fountam wall to be in a more appropriate scale with the property line wall that is approximately 15'-0" in height. Section 6. Based upon the foregoing, the Planning Commission hereby approvcs Minor Plan Review 02-9, subject to the following conditions: 1. Minor Plan Review 02-9 is approved for architectural review at 136 Electric Avenue, Seal Beach. The proposed project entails the construction of a 36" high built-in barbeque/counter structure within the rear yard setback area and an 8'-4" high fountain wall within the side yard setback. 2. All construction shall be in substantial compliance with the plans approved through MPR 02-9. 3. This Minor Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" fonn 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 8th day of January ,2003 by the following vote: AYES: Commissioners DEATON, LADNER, SHANKS, AND SHARP NOES: CommiSSIOners ABSENT: Commissioners HOOD ABSTAIN: Commissioners e Whittenberg, Secretary Planning Commission MPR 02-9 - 136 Eleclnc PC Reso 3