HomeMy WebLinkAboutPC Res 98-11 - 1998-05-18
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RESOLUTION NUMBER 98-11
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW NO
98-5, PERMITTING THE INTERIOR WALL MODIFICATIONS AT
A NONCONFORMING DUPLEX LOCATED AT 1213 SEAL WAY,
SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1 On April 8, 1998, Mohommad Mahpar and Associates submitted an
application for Minor Plan Review 98-5 with the Department of Development Services
The applicant is seeking to reduee area ofliving room in upper unit to provide for exterior
balcony Specifically, the following changes are proposed. move south wailS' inward, creating
an exterior balcony, add a new exposed beam over living room area, add a 3' overhang of roof
over balcony, removing 2 partition walls inside the garage, and other minor wall modifications
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 Plan Review
98-5 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 ofan 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 April 22, 1998 to consider the application for MPR No. 98-5.
Section 4
The record of the hearing on April 22, 1998 indicates the following
(a) On April 8, 1998, Mohommad Mahpar and Associates submitted an
application for Minor Plan Review 98-5 with the Department of Development Services
(b) The applicant is seeking to reduce area of living room in upper unit
to provide for exterior balcony Specifically, the following changes are proposed. move south
wailS' inward, creating an exterior balcony, add a new exposed beam over living room area, add
a 3' overhang of roof over balcony, removing 2 partition walls inside the garage, and other minor
wall modifications
(c) The subject property is legally described as Orange County
Assessor's Parcel Number 199-075-07 and is located in the Residential High Density zone of Old
Town
(d) The subject property is a rectangle in shape with a lot area of
approximately 2,700 square feet (30' x 90')
(e) The subject property is surrounded by multi-family dwellings in the
Residential High Density zone (RHO)
(f) As of April 22, 1998 staff has received no written responses to its
mailed notice regarding Minor Plan Review 98-5
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 98-3 is consistent with the provisions of the Land
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Planmng CommiSSIOn Resolution No 98-//
AprIl 22, 1998
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 interior wall modification will not increase any
nonconforming conditions on the subject property and is in keeping with the provisions of Section
28-2407 A 2.f of the Code.
(c) The building and property at 1213 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 98-5, subject to the following conditions'
1 Minor Plan Review 98-5 is approved to convert 120 square feet of the upper dwelling and
other minor wall modifications into an exterior balcony of a nonconforming dwelling
located at 1213 Seal Way, Seal Beach
2. All construction shall be in substantial compliance with the plans approved through MPR
98-5.
3. 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 18'" day of March 1998 by the following vote.
AYES Commissioners
Brown, Hood, Larson, Law, Yost
NOES Commissioners
ABSENT' Commissioners
Bria Brown, M D ,
Planmng Commission
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Whittenberg, Secretary
Planning Commission
98-5 ResoIubon ace be
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