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Home My WebLink AboutPC Res 98-36 - 1998-11-04 . .- RESOLUTION NUMBER 98 - 36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW NO. 98-8, PERMITTING THE ADDITION OF A SECOND STORY DECK AND A ROOF DECK AT A NONCONFORMING APARTMENT STRUCTURE LOCATED AT 1631 SEAL WAY, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section l. On September 16, 1998, Konstro Designs submitted an application for Minor Plan Review 98-8 with the Department of Development Services The applicant, upon revising his request, is seeking to proviqe a second-story porch and a roof deck in front of "Unit D", the front second story unit Specifically, the following changes are proposed: c Construct a second-story deck, 5.5 feet x 22.25 feet in size at the front of Unit D, facing Seal Way. c Construct a roof deck of 504 square feet, having access by a spiral staircase from the second-floor deck of "Unit D". Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ n B of the City's Local CEQA Guidelines, staffhas determined as follows: The application for Plan Review 98-8 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, pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in a land use limitation 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 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 October 21, 1998 to consider the application for MPR No. 98-8. The hearing was continued to November 4, 1998. Section 4 The record of the hearing on October 21 and November 4, 1998 indicates the following' (a) On September 16, 1998, Konstro Designs submitted an application for Minor Plan Review 98-8 with the Department of Development Services (b) The applicant, upon revising his request, is seeking to provide a second- story porch and a roofdeck in front of "Unit D", the front second story unit Specifically, the following changes are proposed. c Construct a second-story deck, 5 5 feet x 22 25 feet in size at the front of Unit D, facing Seal Way c Construct a roof deck of 504 square feet, having access by a spiral staircase from the second-floor deck of "Unit D" (c) The subject property is legally described as Orange County Assessor's Parcel Number 199-094-18 and is located in the Residential High Density zone of Old Town C \My DOCUIIIeIIIIIIRESOIMPR 98-8, PC Koso docILWlII-04-98 /' Plannmg Comm...",n Re.roIu/Jan No 98-36 Millar Plan Rev,1'W 98-8 1631 Sral Way November 4, /998 (d) The subject property is a rectangle in shape with a lot area of approximately 3,100 square feet (31' x 100') (e) The subject property is surrounded by single-family and multi-family dwellings in the Residential High-Density zone (RHO) The property faces the Weapons Support Facility across Seal Way (f) During consideration of this matter on October 21, neighbors expressed concerns, and the Planning Commission requested further review by staff (g) Staff has prepared a Supplemental Staff Report, dated November 4, 1998 to clarify those issues of concern to the Planning Commission. Section 5. Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-2407, 28-2503 and 28-2504 of the City's Code, the Planning Commission hereby finds as follows (a) Minor Plan Review 98-8 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 provision of a second story deck and the proposed roof deck will not increase any nonconforming conditions on the subject property and is in keeping with the provisions of Section 28-2407 A 2 (a) through (g) of the Code (c) The building and property at 1631 Seal Way are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (d) Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. Section 6 Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 98-8, subject to the following conditions I. Minor Plan Review 98-8 is approved to allow the addition of a second-story deck, 5.5 x 22 25 feel, and a roof deck not to exceed 500 square feet at a nonconforming 4-unit apartment building located at ] 631 Seal Way, Seal Beach The roof deck shall not extend past the front of the existing residential structure, except for the area necessary to accommodate the required stairway and stairway landing, in accordance with provisions of the Uniform Building Code. 2 All construction shall be in substantial compliance with the plans approved through MPR 98-8, for the improvements set forth in Condition I, as modified by Condition l. 3 Water heater to be raised off the ground and strapped in accordance with Uniform Plumbing Code provisions. PRY value to be plumbed to outside. 4. Outside plugs to be provided with Ground Fault Circuit Interrupters 5. 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 41h day of November 1998 by the following vote: MPR 98-8, PC Roso 2 . " Plann,ng Comm,ss,OfI ResolullOfl No 98-36 Mmor Plan Rev,... 98-8 1631 Seal Way November 4, 1998 AYES. Commissioners Cutuli, Hood, Lyon and Chairman Brown NOES: Commissioners Larson ABSENT Commissioners None ~ k. ~ ~ttenberg, Secretary Planning CommIssion Br' Brown, M ., Chairman Planning Commission MPR 98-8, PC Reso 3