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 Ascla Thomason
submitted an application fur Minor Plan Review 02-10. Specifically, the applicant IS
seeking Architectural Review of a proposal to construct a new IO'-high freestanding
fireplace structure within the rear and side yard setback area ofthe subject property.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ Il.S
of the City's Local CEQA Guidelincs, staff has detennined as follows: The application
for Minor Plan Review 02-10 is categorically exempt from review pursuant 10 the
Califurnia Environmental Quality Act pursuant to 14 Calif. Cude of Regs. ~ 15303 (New
Construction), because it involves the construction of an accessory structures; and,
pursuant to ~ 15061 (b )(3), because i( can be seen with certainty that there is no possibility
that the approval may have a significant effect on the environment.
Section 3. ^ duly noticed hearing was held before the Planning
Commissiun 011 January 8, 2003 to consider the application fur Minor Plan Rcvicw 02-
10.
Section 4.
The recurd of the hearing on January 8, 2003 indicates thc
following:
(a) On December 5,2002, Charles and Asela Thomason submitted an
appl ication for Minor Plan Review 02-10.
(h) Specifically, the applicant is seeking Architectural Revicw of a
proposal to construct a new 10' -high u"eestanding fireplace structure within the rear and
side yard setback area ufthe subject property.
(c) The subject property is legally dcscnbed as Lot 15, Tract 15797,
and is located in thc Residential Low Density zone of Old Ranch (Centex Homes
development).
(d) The subject property is rectangular In shape with a lot area uf
4,895 squllre feet (55' x 89').
(c) The sUlTounding land uses and zoning arc as follows:
a ALL DIRECTIONS: Single Family residential uses in the
Residential medium Density zone (RLD) as part of the Old Ranch
residential development constructed by Centex Homes.
a SOUTH: Approximately 100 feet to the south is the Old
Ranch Towne Center development, located in the General Commercial (C-
2) z.one. The closest commercial use is the Target Garden Store outdoor
sales arca.
C \Documcnls and ScltmgslLWlnltcnbrlglMy J)()cum~"I.IRESO\MPR02-IO -1229013l1dgcwalcr PC Rcso dn",LWIOI..{)8-03
Plmlllmg COmmi.HlOlI ResolutioJ1 02-48
Minor Plan Review 02-10
12290 Bridgewater
.lalll/c/ry' 8, 2003
(I) The request is to construct a new 10' -high freestanding fireplace
structure wilhin the rear and side yard setback area of the suhjcct property. The proposed
fireplace is located diagonally in the southea.,t comer of the property and is proposcd to
be located a minimum of 2.5-feet from the rcar property line and a minimum of 4-fecl
fi.om the side property lines at the closest atlhe corners of the fircplace slruclure to the
property lincs.
(g) Thc City has received no wlitten rcsponses m opposition Ihis
minor plan review request.
Section 5. Based upon the facts contained in the record, mcluding 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 comhlioned, is consistent with the
prOVISIOns of the Land Usc Elcment of the City's General Plan, which provides a
"Residential low Density" designation for the subject property and pemlits thc 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 policies of those elemcnts
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 conditioncd complies with all
development standards of the Residential Low Dcnsity (RLD) Zone.
(c) Thc proposed exterior fireplace, as conditioned, is appropJiate to
the surrounding neighborhood and will not excced ten feet in height.
Section 6. Based upon the foregoing, the Planning Commission
hercby approves Minor Plan Review 02-10, subject to the following conditions:
1. Minor Plan Review 02-10 is approved for architcctural review at 12290 BJidgewater,
Seal Beach. The proposed project entails the construction of a I a'-high freeslanding
fireplace structure within the rear and side yard setback area of the subject property.
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 Conditions" fonn has bcen signed by the applicant in the prcsence of
the Direclor of Development Services, or notarized and retumcd to the Planning
Department; and until the ten (10) day appeal period has elapse<!.
PASSED, APPROVED AND ADOPTED by the Planning Commission of thc
City of Seal Beach at a meeting thercufheld on the 8th day of January ,2003
by the Following vote:
A YES: COIl1llllssioncrs
DEATON,LADNER,SHANKS,ANDSHARP
NOES: Commissioners
AI3SENT: Commissioners HOOD
ABSTAIN: Commissioners
MPR 112-111- 122911 Blidgcwatfl PC Reso
2
Planning COIllIII/.\,viOlr ResolutlOlI 02-48
M/l1or Plall Review 02-10
12290 Bridgell'ater
Jal1l/w)J 8. 2()03
M I'R 02-10 - 12290 BlIdgcwalcl PC R.so
3