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HomeMy WebLinkAboutPC Res 99-02 - 1999-04-21 . . RESOLUTION NUMBER 99-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 99-1, PERMITTING THE ENLARGEMENT/EXPANSION TO AN EXISTING LEGAL NON-CONFORMING (BASED ON UNITS AND PARKING) FOUR-UNIT BUILDING LOCATED AT 235 8lH STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOL VB: Section 1. On February 1, 1999, Bruce Boehm submitted an application for Minor Plan Review 99-1 with the Department of Development Services Specifically, the applicant is proposing to enlarge an existing legal non-conforming fourplex by 400 square feet at 235 8th Street, Seal Beach. A Addition of 57 square feet - laundry room and Unit C bathroom (adjoining Unit C and the garage). B. Addition of 54 square feet to Unit C. C. Addition of 144 square feet to Unit A D Addition of 144 square feet to Unit B Section 2 Pursuant to 14 California Code of Regulations ~15025(a) and ~II(B) of the City's Local CEQA Guidelines, staff has determined as follows the application for Minor Plan Review 99-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations ~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 21, 1999 to consider the application for Minor Plan Review 99-1. Section 4. The record of the hearing on April 21, 1999, indicates the following' A. On February 1, 1999, Bruce Boehm submitted an application for Minor Plan Review 99-1 with the Department of Development Services Specifically, the applicant is proposing to enlarge an existing legal non- confonning fourplex by 400 square feet at 235 8th Street, Seal Beach. B. Specifically, the applicant is proposing to enlarge/expand the following at 235 8th Street, Seal Beach. (I) Addition of 57 square feet - laundry room and Unit C bathroom (adjoining Unit C and the garage). (2) Addition of 54 square feet to Unit C. (3) Addition of 144 square feet to Unit A (4) Addition of 144 square feet to Unit B '\SCULL Y\MARY ANNIMm... PI.. Revlewsl99-I\99-1 ReoolutlOll doeILWID4-23-99 . Plannmg tl.mlSSIOll Resolutloll No 99-2 Mmor Plan RevIew 99-J - 235 8'" Street Aprl12J, J999 Page 20f3 C. The subject property is legally described as Orange County Assessor's Parcel Number 199-052-24 and is located in the Residential High Density (RHO) Zone of Old Town. D. The subject property is rectangular in shape with a lot area of approximately 5,875 square feet (50' x 117Y.z'). E The subject property is surrounded by a mixture of single family and multi- family dwellings in the Residential High Density (RHO) Zone. F. As of April 17, 1999, staff has received no written responses to its mailed notice regarding Minor Plan Review 99-1 Section 5 Based upon the facts contained in the record, including those stated in ~4 of this resolution, and pursuant to ~28-2407 of the City's Code, the Planning Commission hereby finds as follows' A Minor Plan Review 99-1 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 enlarge and expansion by 400 square feet will increase the nonconforming condition of the subject property, but is keeping with the provisions of Section 28-2407(A)(2)(h)(2) of the Code Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 99-1, subject to the following conditions 1 Minor Plan Review 99-1 is approved for the addition of 400 square feet to a nonconforming single family dwelling at 235 8th Street, Seal Beach. 2 The conditions of approval from Planning Commission Resolution No 650 (approved in July 1972) shall remain in effect unless specifically changed by conditions of approval for Minor Plan Review 99-1. 3. Each chimney shall have the proper spark arrester based on current code requirements. 4. The existing nonconforming water heater vents shall be replaced with vents that meet current code requirements 5 The gas line shall be replaced based on the current code requirements 6 The water main line for the residence shall be replaced based on the current code requirements 7 The door leading from 'Unit C' to the garage shall be modified so that it is self- closing based on current code requirements 8 The washer and dryer located in the 'Unit C' garage shall be removed unless it can reconfigured so that existing 9'1:z foot wide garage space remains free and clear of obstructions Q \MaryaDn1Mmor Plan Rev.ews\99-2\99-2 Resolul1on . Plannm'ommlsslOn Resolution No. 99-2 Mmo, Plan RevIew 99-1 - 235 fi1' Slt'eet April 21, 1999 Page 3 of3 , 9 The wiring located in the 'Unit C' garage shall be brought into conformance with current code standards 10. A covenant and agreement shall be recorded with the County Recorder stating that the property will maintain four units in accordance with the original approval from 1972. 11. All construction shall be in substantial compliance with the plans approved through MPR 99-1 12. This Minor Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by Ihe 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 21 It day of ADril 1999 by the following vote AYES Commissioners Cutuli, Hood, Larson, Lyon and Chairman Brown NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Brian . Brown, M D , Planning Commission ~~ ee Whittenberg, Secretary Planning Commission Q IMatyannlMmor Plan RCV1ews\99-2\99-2 ResolutIon