HomeMy WebLinkAboutPC Res 06-39 - 2006-08-23
RESOLlITION NUMBER 06-39 0 ~/ Q
A RESOLUTION OF THE PLANNING COMMISSION OF THE '/;[;4/
CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW <-
06-10 FOR AN OUTDOOR FIREPLACE WITH A HEIGHT OF
SIX FEET, SIX INCHES IN THE REAR YARD SETBACK
AREA AT 4549 GUAVA AVENUE, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On July 19, 2006, Manuel and Kathy Kou ("The Applicants") filed
an application for Minor Plan Review 06-10 with the Department of Development Services.
Through MPR 06-10, the applicant sought to construct an outdoor fireplace with an overall
height of six feet, six inches within the 10-foot rear setback area at 4549 Guava Ave., Seal
Beach.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.B of the
City's Local CEQA Guidelines, staffhas determined as follows: The application for Minor Plan
Review 06-9 is categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303 NEW CONSTRUCTION OR
CONVERSION OF SMALL STRUCTURES (a) single family residences not in conjunction
with the building of two or more such units. In urbanized areas, up to three single-family
residences may be constructed or converted under this exemption. ~ 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 August 23,2006 to consider the application for Minor Plan Review 06-9.
Section 4.
The record of the hearing on August 23, 2006 indicates the
following:
(a) On July 19, 2006, Manuel and Kathy Kou ("The
Applicants") filed an application for Minor Plan Review 06-10 with the Department of
Development Services.
(b) Specifically, the request is to construct a six-foot, six-inch
high outdoor fireplace within the 10-foot rear setback area.
( c) The subj ect property is located in the Residential Low
Density (RLD) zone within the neighborhood generally referred to as "College Park East".
(d) The surrounding land uses and zoning are as follows:
NORTH: Single family residences in the Residential Low Density (RLD) zone
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Minor Plan Review 06-10, 4549 Guava St.
Planning Commission Resolution 06-39
August 23, 2006
SOUTH: Single family residences in the Residential Low Density (RLD) zone
EAST: Single family residences in the Residential Low Density (RLD) zone
WEST: Single family residences in the Residential Low Density (RLD) zone
(e) The City received no comments, written or other,
responding to the notices of the hearing on MPR 06-10.
Section 5. Based upon the facts contained in the record, including those stated
in ~ 4 of this resolution, and pursuant to ~ 28-401 of the City's Code, the Planning Commission
hereby finds as follows:
(a) Minor Plan Review 06-10, 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
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.
(b) The proposed development, as conditioned, complies with
all development standards of the Residential Low Density (RLD) zone.
(c) The outdoor fireplace, as conditioned, is appropriate to the
surrounding neighborhood as the structure is an adequate distance from adjacent residences.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 06-10, subject to the following conditions:
1. Minor Plan Review 06-10 is approved for a six-foot, six-inch high outdoor fireplace
located at 4549 Guava Ave., Seal Beach, to be located three feet from the existing 6-foot
high fence on the side and rear property lines, where the Code requires a 10- foot setback.
2. All construction shall be in substantial compliance with the plans approved through Minor
Plan Review 06-10.
3. Building permits shall be obtained for the approved structures.
4. 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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 23rd day of August 2006 by the following vote:
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Minor Plan Review 06-10,4549 Guava St.
Planning Commission Resolution 06-39
August 23, 2006
AYES: Commissioners Deaton, Bello, Roberts and O'Malley
NOES: Commissioners None
ABSENT: Commissioners Ladner
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Ellery Deaton
Chairperson, Planning Commission
ee ittenberg
Secretary, Planning Commisso
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