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HomeMy WebLinkAboutPC Res 96-02 - 1996-02-07 RESOLUTION NUMBER 96-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 96-1, PERMITTING THE ADDITION OF A 246 SQUARE FOOT WOODEN LATTICE PATIO COVER IN THE REAR YARD OF A NONCONFORMING SINGLE FAMILY DWELLING LOCATED AT 123 11TH STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1 On January 18, 1996, Bma Cyman ("the Apphcant") filed an apphcatlon With the Department of Development Services for Mmor Plan ReView 96-1 Through MPR 96-1, the apphcant seeks to add a 246 square foot wooden lattice patio cover 10 the rear yard of a nonconformIng smgle family dwelhng located at 123 II th Street, Seal Beach The subJect property IS currently nonconformmg due to madequate SIde yard setbacks Section 2 Pursuant to 14 Cahf Code of Regs ~ 15025(a) and ~ n B of the City's Local CEQA Guldehnes, staff has determmed as follows The apphcatIon for Mmor Plan ReVIew 96-1 IS categoncally exempt from review pursuant to the Cahfornla EnVIronmental QUalIty Act pursuant to 14 Cahf Code of Regs ~ 15301 (Exlstmg Uses), because It mvolves the neghglble expansIOn ofan exlstmg use, and, pursuant to ~ I 506 I (b)(3), because It can be seen WIth certamty 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 Plannmg CommIssion on February 7, 1996 to consider the apphcatIon for Mmor Plan ReView 96-1 SectIOn 4 The record of the heanng on February 7, 1996 mdlcates the followmg (a) On January 18, 1996, Bma Cyman submItted an apphcatIon for MPR 96-1 WIth the Department of Development Services (b) The apphcant IS requestmg to add a 246 square foot wooden lattIce patIo cover m the rear yard of a nonconformmg smgle famIly dwelhng located at 123 II th Street The subJect property IS nonconformmg due to madequate Side setbacks for the eXlstmg house and detached garage (c) The subJect property IS IdentIfied as Orange County Assessor's Parcel Number 199-042-11 (d) The subJect property IS located on the west SIde of 11th Street approximately 315 feet northerly of the mtersectlon of Ocean Avenue and lith Street (e) The subject property IS surrounded on all Sides by a mIxture ofsmgle family and multifamily reSidentIal uses located 10 the ReSIdentIal High DenSlly zone, (RHD) (f) The subJect property IS nonconformmg due to mad equate Side yard setback on both SIdes of the eXlstmg dwelhng and the south Side of the detached garage SpeCIfically, a three (3') foot set back IS required on both Sides, whereas a two (2') foot setback IS prOVided on the north SIde and the south Side setback IS two and a half (2\!,') feet for the reSIdence and one and a third (1 1/3') feet for the garage (g) The City has received no responses, wntten or oral, regardmg IhlS mmor plan review request 0\ \.MINOR PLAN REvlEWS\9&1 REsoUmON Be Be . Planmng COn/n/II.lOn Re.olutlOn No 96-2 February 7, 1996 SectIOn 5 Based upon the facts contamed 10 the record, mcludmg those stated 10 ~ 4 of thIs resolution, and pursuant to ~~ 28-2407 and 28-801 of the City'S Code, the Planning CommissIon hereby finds as follows (a) Mmor Plan ReView 96-1 IS consistent with the provIsions of the Land Use Element of the CIty'S General Plan, which provides a "high denSity residential" deSignatIOn for the subject property and permits smgle and multifamily residential uses The use IS also consIstent WIth the remalmng elements of the City's General Plan as the poliCies of those elements are consistent with, and reflected 10, the Land Use Element Accordmgly, the proposed use is consistent with the General Plan (b) The buildmg and property at 123 lith Street are adequate 10 Size, shape, topography and locatIOn to meet the needs of the proposed use of the property (c) ReqUired adherence to applicable bUlldmg and fire codes ensure there will be adequate water supply and utilitIes for the proposed use (d) The proposed use Will be compatible with surround 109 uses and the commumty in general, because the style, height and bulk of the proposed patio cover additIon IS consistent with surroundmg residential uses (e) Staffmspected the property and found the wood fence on the southerly Side of the property IS collapsmg and does not provide an adequate enclosure for the rear yard spa Section 6 Based upon the foregomg, the Planmng CommisSIOn hereby approves MInor Plan ReVIew 96-1, subJect to the follOWing conditions 1 MInor Plan ReVIew 96-1 IS approved for the addition of a 246 square foot wooden lattice patio cover In the rear yard of a nonconformmg Single family dwelling located at 123 II th Street, Seal Beach 2 All construction shall be In substantial compliance WIth the plans approved through Minor Plan ReVIew 96-1 3 The fence on the southerly SIde of the property shall be repaired to prOVide the reqUired enclosure for the rear yard spa 4 ThiS Mmor Plan ReVIew 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 SeTVIces, or notanzed and returned to the Planning Department, until any fees In excess of the $50 depOSit have been paId, and until the ten (10) day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the Planmng CommISSion of the City of Seal Beach at a meetmg thereof held on the 7th day of February, 1996 by the follOWing vote AYES Comffilssloners Brown, Campbell, Dahlman, Law, Sharp NOES Comffilssloners ABSENT CommiSSioners Patncla E Campbell, Chal Planning Commission e Whittenberg, Secretary Planning CommiSSion Page 2 D\ \MINORPLAN REYIEW&\9S1 RESOU1I"ION Be Be