HomeMy WebLinkAboutPC Res 95-18 - 1995-08-09
RESOLUTION NUMBER 95-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW
95-3. PERMITTING THE ENCLOSURE OF AN EXISTING
SECOND STORY DECK (285 SF) LOCATED AT THE REAR
OF THE UPPER UNIT OF A NONCONFORMING TWO-UNIT
PROPERTY LOCATED AT 3281/2 8TH STREET, SEAL
BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
SectIon 1 On July 24, 1995, Cnug J RIchie on behalf of Harry Kalinowski
("The Appbcant") filed an apphcatlon for Mmor Plan ReVIew 95-3 With the Department of
Development ServIces requestmg to enclose an eXlstmg 285 square foot second floor deck at the
rear of the upper urnt ofa nonconfonmng duplex located at 328Y:z 8th Street, Seal Beach, as
authonzed under Section 28-2407 of the Code of the City of Seal Beach. (Code)
SectIon 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the
CIty'S Local CEQA Gutdehnes" staffhas detemuned as follows The apphcatlon for MINOR
PLAN REVIEW 95-3 IS categoncally exempt from review pursuant to the Cahfornta
EnVIronmental QualIty Act pursuant to 14 Cahf Code of Regs ~ 15301 (Exlstmg Uses), because
It mvolves the negbglble expansIOn ofan extstmg use, pursuant to ~ 15305 (Mmor Alterations 10
Land Use LinutatlOns), because the proposal mvolves a nunor alteratIOn m a land use hmItatlOn
and does not mvolve eIther a property 10 excess of20% slope or a change 10 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 slgntflcant effect on the enVIronment
SectIon 3 A duly notIced heanng was held before the Planntng CommIssIOn
on August 9, 1995 to conSIder the applicatIon for MINOR PLAN REVIEW 95-3
SectIon 4
The record of the hearmg on August 9, 1995 mdIcates the
followmg
(a) On July 24, 1995, Cnug J RIchIe on behalf of Harry Kahnowskl ("The
Apphcant") filed an apphcatlOn for Minor Plan ReView 95-3 WIth the Department of Development
ServIces
(b) The subject property, Orange County Assessor's parcel number
043-112-06, IS located 10 the ReSIdentIal High DenSIty zone (RHD), on a 25' x 117 5' rectangular
shaped lot (2,937 5 sq ft) The property contaIns a lower umt at the front of the first floor and an
upper urnt above
(c)
tandem parkmg
The subject property IS legally nonconforrmng due to denSity and approved
(d) The apphcant are proposmg to enclose an eXlstmg 285 square foot second
floor deck at the rear of the upper Untt The proposed enclosure would add a sewmg room to the
untt's master bedroom
(e) The City has receIved no comments, wntten or other, respondmg to the
notIces of the heanng on MPR 95-3
SectIon 5 Based upon the facts conta1Oed 10 the record, mclud10g those stated 10
~ 4 ofthts resolution. and pursuant to !j~ 28-2407, 28-801 and 28-802 of the City's Code_ the
Planmng Comnusslon hereby finds as follows
(a) MINOR PLAN REVIEW 95-3 IS consistent With the provisions of the
Land Use Element of the City'S General Plan, whIch proVIdes a "high denSity resIdentIal"
F' 'MPR'\.R953 Bee Bee
~
Plannmg CommlsMon Resolution No 95-18
August 9, 1996
designatIOn for the subject property and penmts sangle and multl-fanuly residential uses The use
IS also conSlstent WIth the remaImng elements of the Clty's General Plan as the pobcles of those
elements are consIstent WIth, and reflected in,. the Land Use Element Accordangly. the proposed
use IS consistent WIth the General Plan
(b) The butldang and property at 328lh 8th Street are adequate an size. shape.
topography and locatIon to meet the needs of the proposed use of the property
(c) Required adherence to applIcable bUlldang and fire codes ensure there will
be adequate water supply and ubbtles for the proposed use
(d) The proposed use wdl be compatIble with surroundang uses and the
commurnty an general. because the style. height and bulk of the proposed second story addItion IS
consIstent WIth surroundang resIdentIal uses
Section 6 Based upon the foregoang. the Planrung CommissIon hereby
approves Manor Plan ReVIew 95-3, subject to the follow1Og condItIons
1 Minor Plan ReVIew 95-3 IS approved for the enclosure an eXlstmg 285 square foot second
floor deck at the rear of the upper urnt ofa nonconfonnang duplex located at 328Y:z 8th Street.
Seal Beach
2 All constructIon shall be In substantIal compbance With the plans approved through Mmor
Plan ReVIew 95-3
3 Drywall (5/g") shall be installed on the celhng of the garage, subject to revIew and approval of
the building dIVISion
4 The main electnca1 selVJce shall be labeled, subject to revIew and approval of the buddang
diVIsion
5 Water heaters shall be fitted With SeismIC straps. subject to revIew and approval of the bud dang
diVlSlon
6 Ttus Minor Plan Review shall not become effectIve for any purpose unless an .'Acceptance of
Conditions" fonn has been Signed by the apphcant 10 the presence of the Director of
Development SelVJces. or notanzed and returned to the Planmng Department, and untd the
ten (10) day appeal penod has elapsed
PASSED. APPROVED AND ADOPTED by the Plannang CommIssIon ofthe City of Seal Beach
at a meetmg thereof held on the 9th day of August, 1995 by the followang vote
AYES CorrmmsSloners
Brown, Campbell, Dahlman. Law. Sharp
NOES COml111SSloners
ABSENT CorrmmsSloners
~u~
ee ~Ittenberg. Secretary
Planmng CommISSion
'-Pae.;(!;.)~ C:~.ktI'
Patncla E Campbell:'Chairp son
Planmng CommiSSIon
Page 2
F' 'MPR'RS53 Bee ace