Loading...
HomeMy WebLinkAboutPC Res 94-10 - 1994-05-04 . I RESOLUTION NUMBER 94-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 94-2, PERMITTING THE ADDITION OF APPROXIMATELY 120 SQUARE FEET TO THE GARAGE OF A NONCONFORMING SINGLE FAMILY DWELLING LOCATED AT 218 FOURTH STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIOn 1 On April 8, 1994, Stephen Wack on behalf of Don Wasson (''The Apphcant") filed an application for MInor Plan Revtew 94-2 with the Department of Development SeMces requestmg to add apprOlomately 120 square feet to the garage of a nonconforming smgle-family dwelling located at 218 4th Street, Seal Beach, as authonzed under Section 28-2407 of the Code of the CltV of Seal Beach. (Code) Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the CIty'S Local CEQA Guidehnes, staff has determined as follows The application for MInor Plan ReVIew 94-2 IS categoncally exempt from review pursuant to the Caltforma EnVITonmental QualIty Act pursuant to 14 Calif Code of Regs ~ 15301 (Existing Uses), because it Involves the neghgtble expansion of an existing use, pursuant to ~ 15305 (MInor AlteratIons In Land Use LlInttatlons), because the proposal Involves a nunor alteration In a land use hmitatlon and does not Involve either a property in excess of 20% slope or a change In land use or denSIty, and finally, pursuant to ~ 15061(b)(3), because It can be seen WIth certamty that there IS no posslblhty that the approval may have a significant effect on the enVIronment SectIOn 3 A duly notIced heanng was held before the Planmng CommisSIon on Apnl 20, 1994 to conSIder the apphcation for MInor Plan Revtew 94-2 SectIOn 4 The record of the hearing on Apnl20, 1994 mdlcates the following (a) On Apnl8, 1994, Stephen Wack on behalf of Don Wasson ("The Apphcant") filed an apphcation for Minor Plan ReVIew 94-2 WIth the Department of Development SeMces (b) The subject property, Orange County Assessor's parcel number 199-022-8, IS located m the ReSIdential HIgh DenSIty zone (RHO), on a 30' x 117 5' lot (3,525 sq ft) The property contams a smgle fanuly dwelhng (c) The subject property IS legally nonconforming due a garage located at the rear of the property whtch proVIdes Inadequate side and rear setbacks (d) The apphcant is propOSing to add approxunately 120 square foot to the northerly SIde of the existing garage (e) The City has recetved no comments, wntten or other, respondmg to the notices of the hearing on MPR 94-2 Section 5 Based upon the facts contamed m the record, mcludmg those stated in ~ 4 ofthts resolutIOn, and pursuant to ~~ 28-2407, 28-801 and 28-802 of the CIty'S Code. the Planmng Conumssion hereby finds as follows (a) MInor Plan ReVIew 94-2 is consistent WIth the proVIsIOns of the Land Use Element of the City's General Plan, which prOVIdes a "htgh denSIty reSIdential" designation for the subject property and penmts single and multi-fanuly reSIdentIal uses The use IS also consistent with the remaining elements of the CIty'S General Plan as the policies of those elements are 1=\ IMPRIR." llCC~ T . Planmng CommIssIon ResolutIon No 94-10 May 4, 1994 consIstent WIth, and reflected m, the Land Use Element Accordingly, the proposed use IS conSIstent WIth the General Plan (b) The bulldmg and property at 218 4th Street are adequate m 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 utilities for the proposed use (d) The proposed use will be compatible with surrounding uses and the commumty m general, because the style, height and bulk of the proposed additIOn is conSIstent with surroundmg reSIdentIal uses (e) Through the Commission-imposed condition to fireproof the nonconforming garage, the proposed project WIll result in a safer condItIon than currently extsts SectIon 6 Based upon the foregoing, the Planning Conumssion hereby approves MInor Plan Review 94-2, subject to the following conditions 1 Mmor Plan Revtew 94-2 is approved for the addition ofapproximately 120 square feet to the garage of a nonconfonmng single fanuly dwelling located at 218 4th Street, Seal Beach 2 The applicant shall fireproof the eXlstmg nonconfonmng garage, mcludmg sealing all windows and opemngs located within three (3 ') feet of a Side property line, as per the requIrements of the Uniform BUlldmg Code and Umform Fire Code 3 All constructIon shall be in substantial comphance with the plans approved through MInor Plan Review 94-2 4 Thts MInor Plan Revtew shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant m 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 5 All new construction shall observe a minimum setback of nine (9') feet from the rear property hne and three (3') feet from the SIde property hne PASSED, APPROVED AND ADOPTED by the Planning Conumssion of the City of Seal Beach at a meeting thereof held on the 4th day of May , 1994 by the following vote AYES Commissioners Soukup, Law, Sharp, Campbell NOES Conumssioners ABSENT ConumsSloners Dahlman .~~~ l:r ..- Mark ~OUkUD, Vlce Chalrman Planmng Conumsslon Ra rry u rt 1 s, Secretary Planmng Conumssion Page 2 1=\ IMPRIR... llCC~