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HomeMy WebLinkAboutPC Res 93-12 - 1993-03-03 RESOLUTION NUMBER 93-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 93-1, PERMITTING THE ADDITION OF APPROXIMATELY 1087 SQUARE FEET TO THE FRONT UNIT OF THE DUPLEX LOCATED AT 225 AND 225'1:z 14TH STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On January 22, 1993, Mark, Rhonda and Gloria Hjelm ("The Applicants") filed applications for Conditional Use Permit 93-1 and Minor Plan Review 93-2 with the Department of Development Services Through cup 93-1, the applicants seek approval for the addition of approximately 1087 square feet to the front unit of the duplex located at 225 and 225'1:z 14th Street, Seal Beach Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA GUIdelines, staff has determined as follows The application for Minor Plan Review 93-2 is categorically exempt from review pursuant to the CalifornIa Environmental Quality Act pursuant to 14 Calif Code of Regs ~ 15301 (Existing Uses), because it involves the negligible expansion of an existing use, pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in a land use limitation and does not involve either a property in excess of20% slope or a change in land use or density, and finally, 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 public heanng was held before the Planning Commission on March 3, 1993 to consider the application for Conditional Use Permit 93-1 Section 4 The record of the hearing on March 3, 1993 indicates the following (a) On January 22, 1993, Mark, Rhonda and Gloria Hjelm filed an application with the Department of Development Services for Conditional Use Permit 93-1 and Minor Plan Review 93-2 (b) The applicants are requesting the following MPR 93-2 To construct an additional garage and tandem parking space in order to meet parking requirements CUP 93-1 A maJor remodel and addition to an existing nonconforming duplex located at 225 and 225'1:z Fourteenth Street, Seal Beach Specifically, the applicant are requesting to add approximately 1,087 square feet to the front umt of the duplex ( c) The subJect property, legally defined as Lot 25 and the northerly half of Lot 23 in Block 222 of Tract 10, in the City of Seal Beach, County of Orange, State of California, as per map recorded in Book 3, page 10 of Miscellaneous Maps, in the office of the county recorder of said county, is a rectangular lot With 37 5' x 100' dimensions (3750 square feet) (d) The subject property is located on the easterly side of 14th Street approximately 170 feet southward of the center of the intersection of 14th Street and Landing Way (e) The subject property is surrounded on all sides by a mixture of single family dwellings and multiple family dwellings in the ReSIdential MedIUm Density zone, (RMD) C\AMIPRO\IXX:S\CUP\R9J..1 OCCbc .' -. Planning ConuruSlloion Resolution No 93-12 (t) The subject property is nonconforming due to density and insufficient on-site parking The subject property contains a duplex and therefore provides a density (lot area per dwelling unit, as defined in the Code) of 1,875 square feet per unit while the Code requires a density of2,500 square feet per unit (g) City has received one written comment, from the applicants, responding to the notices of the heanng on MPR 93-2 SectIon 5 Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-2407, 28-701, 28-2503 and 28-2504 of the City's Code. the Planning Commission hereby finds as follows (a) Conditional Use Permit 93-1 is consistent with the provisions of the Land Use Element of the City's General Plan, which proVIdes a "medium denSIty residential" designation for the subject property and permits single and multi-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 (b) The building and propeny at 225 and 225'h 14th Street are adequate in size, shape, topography and location to meet the needs of the proposed use ofthe property (c) Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use (d) The proposed addition is in keeping with the requirements of Section 28-2407(A)( 4) of the Code of the Citv of Seal Beach. as the subject property is nonconforming solely due to density and tandem parking (e) The proposed use will be compatible with surrounding uses and the community in general, because the style, height and bulk of the proposed structure, as remodeled, is consistent with surrounding residential uses Section 6 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 93-1, subject to the following conditions 1. Conditional Use Permit 93-1 is approved for the addition of approximately 1,087 square feet to the front unit of the duplex located at 225 and 225'h 14th Street, Seal Beach 2 All construction shall be in compliance with the requirements of the Umform Building Code and Uniform Fire Code 3 The water heater and heater shall be brought to Code 4 All construction shall be in substantial compliance with the plans approved through CUP 93-1 and Minor Plan Review 93-2 5 This Conditional Use Permit 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, until the ten (10) day appeal period has elapsed, and, until the City Council has affirmed the proposed zomng text clarification allowing the addition of bedrooms in conjunction with a major expansion/addition permitted under Section 28-2407(A)(4), and the implementing ordinance takes effect C \AMIPRO\DOCS\CUP\R9].! 8CC be Page 2 . Plamung Comnusslon Resolution No 93-12 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 3rd day of March, 1993 by the following vote AYES Commissioners Dahlman. Fife. Law. Shalll. Soukup NOES Commissioners --- ABSENT Commissioners --- Ite hittenberg, Secretary Planning Commission C \AMIPRO\I)()CS\ClJP\R93..1 Bee be Page 3