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Home My WebLink AboutPC Res 95-27 - 1995-10-18 RESOLUTION NUMBER 95-27 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 95-5, PERMITTING A REMODEL AND 285 SQUARE FOOT ADDITION TO THE FRONT UNIT OF A NONCONFORMING DUPLEX LOCATED AT 129 7TH STREET. SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIon 1 On October 3, 1995. Alfred T Malek on behalf of Irene A Malek and Safinaz F Abdelmalek ("the Appltcants") filed an appltcatlOn W1th the Department of Development ServIces for Mmor Plan ReVIew 95-5 Through MPR 95-5, the apphcant seeks to remodel and add approximately 288 square feet to the front umt ofa nonconformmg duplex located at 129 7th Street, Seal Beach The proposed project wtll entad the relocatIOn of a first floor bedroom to a new second floor level, an addition to the hvmg room. a second floor balcony and roof deck above the second floor The subject property IS currently nonconform1Og due to Inadequate on-site parkmg and denSity Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City'S Local CEQA Guldehnes., staff has determmed as follows The apphcatlon for Mmor Plan ReVIew 95-5 IS categoncally exempt from review pursuant to the Cahforma EnVironmental QUality Act pursuant to 14 CaJlf Code of Regs ~ 15301 (Exlst1Og Uses), because It 1Ovolves the negltglble expansion ofan eXlst10g use. pursuant to ~ 15305 (Minor AlteratIOns 10 Land Use LimItations), because the proposal involves a mmor alteration m a land use lImitation and does not mvolve either a property m excess of20% slope or a change m land use or denSity, and finally. pursuant to ~ 15061(b)(3), because It can be seen WIth certamty that there IS no posslbihty that the approval may have a slgmficant effect on the enVIronment Section 3 A duly noticed heanng was held before the Planmng Commission on October 18. 1995 to consider the apphcatlon for Mmor Plan ReView 95-5 Section 4 The record of the heanng on October 18, 1995 mdlcates the followmg (a) On October 3, 1995, Alfred T Malek submitted an apphcatIOn on behalf of Irene A Malek and Safinaz F Abdelmalek MPR 95-5 With the Department of Development Servtces (b) The appltcant IS requestmg to remodel and add approximately 288 square feet to the front umt ofa nonconformmg duplex located at 129 7th Street. Seal Beach The proposed project W111 entad the relocatIon of a first floor bedroom to a new second floor level, an addItion to the ltVlng room, a second floor balcony and roof deck above the second floor The subject property IS currently nonconfornung due to madequate on-sIte parkmg and denSity (c) The subject property IS Identified as Orange County Assessor's Parcel Number 199-032-10 (d) The subject property is located on the west Side of 7th Street approXImately 255 feet southerly of the mtersection of Central Avenue and 7th Street (e) The subject property IS surrounded on a11 Sides by a mIxture of smgle farruly and multlfanuly reSIdential uses located m the ReSidential High DenSIty zone, (RHO) (1) The subject property IS nonconformmg due to mad equate on site park mg. denSIty and madequate SIde yard setbacks Specifically, the property IS only permitted one (1) dwelling umt under today's standards, prOVIdes two (2) of the four (4) reqUired parkmg spaces, and the front umt proVides less than the reqUIred three (3') setback on both SIdes D' "'IlP~R95-5 Bee BCC:C: Planmng lommuslOn ResolutIOn No 95-27 October /8, /995 (g) Staffmspected the property on October 12. 1995 and prepared a hst of buildmg code corrections wlnch must be met m conJunctlOn with thiS proposal Tlus hst IS mcluded as recommended condltlOns of approval (h) The City has reCClved one phone call. from Jack Mdls. respondmg to the notices of the heanng on MPR 95-5 Mr MlHs mdicated he beheved a thIrd hvmg umt had been Illegally added to the property Section 5 Based upon the facts contamed m the record. mcludmg those stated m ~ 4 of this resolutIon, and pursuant to ~~ 28-2407. 28-801 and 28-802 of the Clty's Code, the Planmng ComrmsslOn hereby finds as foHows (a) Mmor Plan Revtew 95-2 IS consIstent With the proVIsions of the Land Use Element of the Clty'S General Plan. which provides a <<high denSity resIdentIal"' deSignation for the subject property and permIts smgle and multl-fwmly residential uses The use IS also consistent WIth the TCIn81mng elements of the Clty'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 buddmg and property at 129 7th Street are adequate m Size, shape, topography and 10catlOn to meet the needs of the proposed use of the property (c) ReqUired adherence to applicable buddmg and fire codes ensure there wdl be adequate water supply and utlhtles for the proposed use (d) The proposed use wdl be compatIble WIth surroundmg uses and the commumty in general. because the style. height and bulk of the proposed second story addition IS consistent WIth surrounding reSidentIal uses SectIon 6 Based upon the foregomg, the Planmng CommIssIon hereby approves MInor Plan Revtew 95-5. subject to the follOWing condItIons 1 MInor Plan Review 95-5 is approved f"or a remodel and 285 square foot addItIon to the front unit of a nonconformmg duplex located at 129 7th Street, Seal Beach 2 All constructIOn shall be In substantial comphance With the plans approved through Mmor Plan ReVIew 95-5 3 The applicant shall choose and complete one of the foHoWlng optlOns I) remove the southerly front door. or 2) remove the northerly front door. remove the door separating the downstlUrs bedroom from the staIrway and record a covenant on the Title of the property mdlcatmg It contlUns two nonconformmg dwelhng umts 4 Damaged drywall m the garage cedmg shall be repaIred 5 The garage water heater shall be strapped for seismiC safety 6 The eaves on the front house shaH be cut back to prOVIde a mmlmum SIde yard setback of 1 5 feet for the eaves 7 The floonng m the rear of the front umt shall be leveled 8 AdditIonal electncal outlets and Wlnng shall be added to the front umt to the sattsfactlOn of the Buddmg diViSion 9 Cracks m the front umts chimney shaH be repaired 10 The front umt shall be bolted to Its foundatIon per UBC reqUIrements II Ternute damage under the front unit shall be repaired and replaced Page 2 D '- 'M~R95-5 ace BCCC . Planmng Conmtl~~ton Resolution No 95-27 October 18, 1995 12 This Minor Plan ReVIew shall not become effectIve for any purpose unless an "Acceptance of Conditions" fonn has been signed by the applicant 10 the presence of the Director of Development SelVlces. or notanzed and returned to the Planmng Department, and unttl the ten (10) day appeal penod has elapsed PASSED. APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meetmg thereof held on the 18th day of October. 1995 by the followmg vote AYES Commissioners Brown. Campbell. Dahlman, Law, Sharp NOES C011llll1ssioners ABSENT ComnllsslOners 'fJt:fA,;";'Jri ~~Rf PatnCla E Campbell. thalrp son Planmng Commission Page 3 g" "\.MPR'\.R9::P-:S Bee BCCC