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HomeMy WebLinkAboutPC Res 94-43 - 1994-10-19 .. '( RESOLUTION NUMBER 94-~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVTEW 94-7, PERMITTING THE ADDITION OF A LATTICE PATIO COVER AND FIBERGLASS AWNING TO A NON- CONFORMING SINGLE FAMILY DWELLING LOCATED AT 229 13TH STREET, SEAL BEACH THE SUBJECT DWELLING IS NONCONFORMING DUE TO THE PRESENCE OF AN EXISTING CURB CUT AND AN INADEQUATE REAR YARD SETBACK FOR THE DETACHED GARAGE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On October 6, 1994, Sharon Strother Russell ("The Appheant") filed an applicatIOn for MInor Plan ReView 94-7 With the Department of Development Services requesting to add a lattIce patio cover and a fiberglass awning to a nonconforming SIngle family dwelhng located at 229 13th Street, Seal Beach, as authonzed under Section 28-2407 of the Code of the CIty of Seal Beach, (Code) Section 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and ~ II B of the CIty's Local CEQA GUldehnes, staff has determined as follows The apphcatlon for Minor Plan ReVIew 94-7 IS categoncally exempt from review pursuant to the California EnVironmental Quahty Act pursuant to 14 Cahf 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 hmltatlon and does not Involve either a property In excess of20% slope or a change In land use or denSIty, and finally, pursuant to ~ 1506 I (b)(3), because It can be seen With certaInty that there IS no POSSlblhty that the approval may have a Significant effect on the environment Section 3 A duly noticed hearing was held before the Planning Commission on October 19, 1994 to conSIder the apphcatlon for Minor Plan ReVIew 94-7 SectIOn 4 The record of the heanng on October 19,1994 indicates the follOWing (a) On October 6, 1994, Sharon Strother Russell ("The Applicant") filed an apphcatlon for Minor Plan ReView 94-7 With the Department of Development Services (b) The subJect property, Orange County Assessor's parcel number 043-136-01, IS located In the ReSIdential MedIUm DenSity zone (RMD), on a 35' x 100' rectangular shaped lot (3,500 sq ft) The property contains a Single family dwelhng (c) The subJect property IS legally nonconforming due a detached garage located at the rear of the property which proVides an Inadequate rear setback and IS served by a curb opening, rather than off of the alley (d) The apphcant IS proposing to add a lattice patio cover to the rear of the dwelhng and a fiberglass aWning along the southerly SIde of the garage (e) The City has received no comments, wntten or other, responding to the notices of the heanng on MPR 94-7 Section 5 Based upon the facts contained In the record, including those stated In ~ 4 of thIs resolution, and pursuant to && 28-2407 and 28-701 of the City's Code, the Planning Commission hereby finds as follows 1=\ \MPR\R947 BCCI-. , " Planmng ('omm,..,on ResolutIOn No 94-_ October 19, 1994 (a) Minor Plan ReVIew 94-7 IS consIstent with the provIsions of the Land Use Element of the City's General Plan, which proVIdes a "medium density resldentlal" deslgnatlon 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 pohcles 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 property at 229 13th Street are adequate In Size, shape, topography and Iocatlon to meet the needs of the proposed use of the property (c) ReqUIred adherence to apphcable bUIlding and fire codes ensure there Will be adequate water supply and utilltles for the proposed use (d) The proposed use will be compatlble with surrounding uses and the commurnty In general, because the style, height and bulk of the proposed lattice patio cover and fiberglass aWning are consistent with surrounding resldentlal uses Section 6 Based upon the foregoing, the Planmng CommIssion hereby approves Minor Plan Review 94-7, subJect to the follOWing conditions Minor Plan ReVIew 94-7 IS approved for the addition of a 288 square foot lattice patIO cover and a 126 square foot fiberglass aWning to a nonconforming single-family dwelhng at 229 13th Street, Seal Beach 2 All constructlon shall be In substantial comphance with the plans approved through Minor Plan Review 94-7 3 ThiS Minor Plan Review shall not become effective for any purpose unless an "Acceptance of ConditIons" form has been signed by the apphcant In the presence of the Director of Development Services, or notanzed and returned to the Plannmg Department, and until the ten (IO) day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the PIanmng CommIssion of the City of Seal Beach at a meeting thereof held on the 19th day of October, 1994 by the follOWing vote AYES commlsslonersc..am^LrJ) Sr(MQ lra.OJ bahlY'Y\rJ.Y" Bro~ ~ " , NOES CommissIoners ABSENT Commissioners - ~dz ~tr/&~ L Whittenberg, Secretary "7 Alanrnng Commission Anton Dahlman, ChaIrman Planmng CommissIon Page 2 J:\ \MPR\R947 BCCI-.