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HomeMy WebLinkAboutPC Res 97-20 - 1997-08-20 RESOLUTION NUMBER 97-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 97-1, A REQUEST TO EXTEND AN EXISTING SECOND STORY, SIDE YARD BALCONY AT EACH OF THE REAR UNITS (UNITS 3&4) AT 809 OCEAN AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section I On July 28, 1997, Lynda Dawson ("The Applicant") filed an application for Minor Plan Review 97-1 with the Department of Development Services. Through MPR 97-1, the applicant seeks to extend an existing second story, side yard balcony at each of the rear units (units 3&4) at 809 Ocean Avenue, Seal Beach. The subject property is nonconforming due density and permitted tandem parking Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA Guidelines, staff has determined as follows' The application for Minor Plan Review 97-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs ~ 15301 (Existing Uses), because it involves the negligible expansion of an existing use; and pursuant to ~ 15061 (b )(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment Section 3 A duly noticed hearing was held before the Planning CommissIOn on August 20, 1997 to consider the application for Minor Plan Review 97-1. Section 4 The record of the hearing on August 20, 1997 indicates the following' (a) On July 28, 1997, Lynda Dawson submitted an application for Minor Plan Review 97-1 (b) Specifically, the applicant is seeking to extend an existing second story, side yard balcony at each of the rear units (units 3&4) at 809 Ocean Avenue, Seal Beach The subject property is nonconforming due density and permitted tandem parking (c) The subject property is legally described as Orange County Assessor's Parcel Number 199-034-30 and is located in the Residential High Density zone of Old Town (d) 5,060 square feet The subject property is rectangular in shape with a lot area of roughly (e) The surrounding land use and zoning are as follows North & West- A mixture of single family and multi-family residential uses in the RHO zone South - Eisenhower Park and the municipal beach in the Public Land Use I Recreation zone (pLUIR) East - A mixture of office and retail commercial uses in the Main Street Specific Plan zone (MSSP). (f) The Planning Commission has previously granted the following approvals for the subject property Variance 20-74 for the construction offour (4) units with tandem parking, and CUP 1-78 for conversion to condominiums D \My Ilocument>IMUlOI' Plan Revlcws\97-1 Reoolullon doc BCC be . 4 Planning CanlfnlSSlOn ResolutIOn No 97-20 August20. 1997 (g) As of August 14, 1997, staff has received no written responses to its mailed notice regarding Minor Plan Review 97-1. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-2319 of the City's Code, the Planning Commission hereby finds as follows (a) Minor Plan Review 97-1 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 single- and multi-family residential uses The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element Accordingly, the proposed use is consistent with the General Plan. (b) The proposed deck I balcony extension will not increase any nonconforming conditions on the subject property Section 6 Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 97-1, subject to the following conditions 1. Minor Plan Review 97-1 is approved for the extension an existing second story, Side yard balcony at each of the rear units (units 3&4) at 809 Ocean Avenue, Seal Beach 2. Any deck area or railing located within three (3) feet of the property line shall be fireproofed as required by the Uniform Building Code (UBC) 3 All construction shall be in substantial compliance with the plans approved through MPR 97-1. 4 This Minor Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in 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 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 20th day of August, 1997 by the following vote AYES Commissioners Brown, Hood, Law, Yost NOES' Commissioners ABSENT Commissioners Larson U~fr!.6 Planning Commission ee 'ttenberg, Secretary Planning Commission 7 2 97.1 RcsoIul.oo nee be