HomeMy WebLinkAboutPC Res 04-46 - 2004-09-22
RESOLUTION NO. 04-46 OR
A RESOLUTION OF THE PLANNING COMMISSION OF THE / G ~~ /11 /
CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW " /11.....
04-10 PERMITTING THE CONSTRUCTION OF AN
OUTDOOR FIREPLACE WITHIN THE REAR YARD AND A
FREESTANDING BARBEQUE WITHIN THE REAR AND SIDE
YARD SETBACKS AT 940 CATALINA AVENUE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. On August 18, 2004, Kevin and Sofia Bicknell ("The Applicant")
submitted an application for Minor Plan Review 04-10 with the Department of Development
Services. The applicant is seeking Architectural Review of a proposal to construct an outdoor
fireplace within the rear yard setback area and a BBQ structure in the rear and side yard setback
areas.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILA of the
City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan
ReVIew No. 04-10 is categorically exempt from review pursuant to the California EnVIronmental
Quality Act pursuant to 14 Calif. Code of Regs. ~ 15301 (Existing Facilities), because it involves
a negligible expansion of an existing use; 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 September 22, 2004 to consider Minor Plan Review 04-10.
Section 4.
The record ofthe hearing mdicates the following:
(a) On August 18,2004 Kevin and Sofia BIcknell submitted an application for
Minor Plan Review 04-10.
(b) Specifically, the applicant is seeking Architectural Review of a proposal to
construct an outdoor fireplace within the rear yard setback area; and to construct a BBQ structure
withm the rear and side yard setback areas of the subject property.
(c) The subject property is described as Orange County Assessor's Parcel
Number 043-131-04 and is located in the Residential Low Density (RLD) zone in an area of the
City generally referred to as "The Hill."
(d) The request is to install a natural gas fireplace, with a maximum chimney
height of 6', within 2 feet of the existing fence along the rear property line. The actual fireplace
flue will be located 3 foot 6 inches from the existing fence. The request also includes the
construction of a BBQ and counter top structure, which has a 3-foot counter top height,
approxImately 2 feet from the rear property line and 3 feet from the westerly side property line.
(e) The surrounding land uses and zoning are as follows:
NORTH, SOUTH, Residential Housing in a Residential Low Density (RLD) Zone
EAST & WEST
(f) Staff has received no responses, wntten or other, to its mailed notice
regarding Minor Plan Review 04-10.
Section 5. Based upon the evidence in the record, including the facts stated in
~ 4 of this resolution and pursuant to ~ 28- 401 of the City's Code, the Planning CommIssion
hereby finds as follows:
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Planmng CommISSIOn ResolutIOn No 04-46
Mmor Plan Revzew 04-10 940 Catalma Avenue
September 22, 2004
(a) Minor Plan Review 04-10 is consistent with the provisions of the Land
Use Element of the City's General Plan, which provides a "low density residential" designation
for the subject property and permits single-family residential uses. 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.
Section 6. Based on the foregoing, the Planning Commission hereby approves
Mmor Plan Review 04-10, subject to the following conditions:
1. Minor Plan Review is approved for architectural review at 940 Catalina Avenue, Seal Beach.
The proposed project entails the construction of an outdoor fireplace structure within the rear
yard setback area, and a BBQ structure within the rear and westerly SIde yard setback areas.
2. All construction shall be substantially similar to the plans submitted m conjunction with the
application for Minor Plan ReVIew 04-10. The fireplace structure shall be constructed with a
Spark Arrester, which is in conformance with Section 3102.3.8 of the City's Building Code.
3. 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
ten (10) day appeal period has elapsed.
4. The applicant shall indemnify, defend and hold harmless 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 ofthe 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 Conditional 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 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 Planning Commission of the City of Seal Beach
at a meeting thereof held on the 22nd day of September 2004 by the following vote:
AYES: Commissioners
Ladner, Deaton, Roberts, Shanks, and Sharp
NOES: Commissioners
None
ABSENT: Commissioners None
~-
Phil Ladner
Chairperson, Planning CommIssion
--.J
Lee Whittenberg
Secretary, Planning Comm' sion