HomeMy WebLinkAboutPC Res 94-41 - 1994-10-05
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RESOLUTION NUMBER 94-41
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW
94-6, PERMITTING THE ADDITION OF APPROXIMATELY
83 SQUARE FEET TO THE FIRST FLOOR AND THE
CONVERSION OF A DUPLEX TO A SINGLE F AMIL Y
DWELLING AT 209 17TH STREET, SEAL BEACH THE
SUBJECT PROPERTY IS NONCONFORMING DUE TO
INADEQUATE ON-SITE PARKING
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
SectIon I On September 7, 1994, Donald L Cox on behalf of Ane Slocum
Cahill ("The Apphcant") filed an apphcatlon for Minor Plan ReVIew 94-6 With the Department of
Development SelVlees requestIng to add approximately 83 square feet to the first floor and to
convert a duplex to a Single family dwelhng at 209 17th 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 9 15025(a) and ~ II B of the
City's Local CEQA GUldehnes, staff has determined as follows The apphcatlon for Minor Plan
ReView 94-6 IS categoncally exempt from review pursuant to the Cahforma EnVironmental
Quahty Act pursuant to 14 Cahf Code of Regs ~ 15301 (Existing Uses), because It Involves the
neghglble 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 ~ 15061(b)(3), because It can be seen With certainty that there IS no POSSlblhty that the
approval may have a slgmficant effect on the environment
SectIon 3 A duly noticed heanng was held before the Planmng CommissIOn
on September 21, 1994 to conSIder the apphcatlOn for Minor Plan ReVIew 94-6 At the pubhc
heanng the apphcant spoke In favor of the request WIth one speaking In opposItion
SectIon 4
The record of the heanng on September 21, 1994 IndIcates the
follOWIng
(a) On September 7,1994, Donald L Cox on behalf of Ane Slocum Cahill
("The Apphcant") filed an apphcatlon for Minor Plan ReView 94-6
(b) The subJect property, Orange County Assessor's palcel number
199-064-19, IS located In the ReSidential MedIUm DenSity zone (RMD), on an Irregularly shaped
lot of approximately 2,380 square feet
( c) The subJect property contains a duplex whIch the apphcant IS proposing to
convert to a Single famIly dwelhng through thiS request
(d) The subJect property IS legally nonconforming due to parking As a duplex
the property reqUIres four (4) parking spaces, whIle the proposed converSion to a Single family
residence reqUIres two (2) parking spaces The subJect property provides no on site parkIng
(e) The apphcant IS propOSing to add 83 square feet to the first floor In
conJunctIon With the conversIOn of the eXisting duplex to a Single family dwellIng at 209 17th
Street, Seal Beach The subJect property IS nonconforming due to Inadequate parking
(f) The CIty has received no comments, wntten or other, responding to the
notices of the heanng on MPR 94-6
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 and 28-702 of the City's Code, the
Planmng CommIssIon hereby finds as follows
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I'lallnmg ('01l1l/1I.\\I0n RcoolullOn No 9-1-41
Uclobcr 5, 199-1
(a) Mmor Plan Review 94-6 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 slngle-famtly and, as a nonconforming use, multl-famtly
residential uses of the subJect property 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 m, the
Land Use Element Accordmgly, the proposed use IS consistent wIth the General Plan
(b) The butldlng and property at 209 17th Street are adequate In SIze, shape,
topography and location to meet the needs of the proposed use of the property
(c) ReqUIred adherence to applIcable bUIlding and fire codes ensure there will
be adequate water supply and uttlltles for the proposed use
(d) The proposed use will be compatible WIth surrounding uses and the
commumty III general, because the style, height and bulk of the proposed addItion IS consistent
with surrounding reSidential uses
(e) Due to the Irregular shape of the rear of the property with a rear width of
only 8 feet (as opposed to the normal lot width of25 feet), the locatIOn ofa power pole at the
rear corner of the property and the presence of seven (7) mature trees whIch would need to be
removed, as well as the fact the property will come closer Into comphance with the City's parking
requirements through the proposed converSIon, the reqUIrement of on sIte parking In conJunction
with this COllsent calendar request IS unreasonable
Section 6 Based upon the foregoing, the Planmng Commission hereby
approves MInor Plan ReView 94-6, subJect to the following conditions
1 Minor Plan ReView 94-6 IS approved for the conversion of a nonconforming duplex to a
slngle-famtly dwelhng and the addition of approximately 83 square feet to the structure
located at 209 17th Street, Seal Beach
2 The second floor kItchen shall be completely removed, and all plumbing and gas to said
kitchen shall be capped offln a manner acceptable to the Director of Development
SerVIces
3 All construction shall be In substantial comphance with the plans approved through Minor
Plan ReView 94-6
4 ThIs Minor Plan ReView shall not become effective for any purpose unless an "Acceptance
of Conditions" form has been Signed by the apphcant m the presence of the Director of
Development Services, or notanzed and returned to the Planmng Department, and unttl
the ten (10) day appeal penod has elapsed
PASSED, APPROVED AND ADOPTED by the Planmng CommIssion of the CIty of Seal Beach
at a meeting thereof held on the 5th day of October, 1994 by the follOWing vote
AYES CommissIoners Brown. Campbell. Dahlman. Law
NOES CommisSioners
ABSENT CommissIoners Sharp
~d4-
Anton Dahlman, Clialrman
Planmng CommIssion
e WhIttenberg, Secretary
Planmng Commission
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