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HomeMy WebLinkAboutPC Res 01-13 - 2001-04-04 RESOLUTION NUMBER 01-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 01-4, A REQUEST TO ADD APPROXIMATELY 35 SQUARE FEET AT 809 OCEAN AVENUE, UNIT #3, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On Mareh 7, 2001, Don Cox submitted an application on behalf of Mr. & Mrs. Alan & Lorraine Chavez ("The Applieants") for Minor Plan Review 0 1-4 with the Department of Development Services. Through MPR 01-4, the applicant seeks to enclose an existing second story, side yard baleony 809 Ocean Avenue #3, Seal Beaeh. The subject property is nonconfonning due density and pennitted tandem parking. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ H.B of the City's Local CEQA Guidelines, staff has detennined as follows: The application for Minor Plan Review 01-4 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 thcre 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 4, 2001 to conSIder the application for Minor Plan Review 01-4. Section 4. The record of the hearing 011 April4, 2001 indicates the following: (a) On Ap1i14, 2001, Don Cox submitted an application on behalf of Mr. & Mrs. Alan & Lorraine Chavez for Minor Plan Review 01-4. (b) Specifically, the applicants are seeking to add approximately 35 square fect at 809 Ocean Avenue #3, Seal Beach, by enclosing an existing balcony. The subjeet property is nonconforming due density and pennitted tandem parking. (e) The subject property is legally described as Orange County Assessor's Parcel Number 199-034-30 and is located in the Residcntial 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 surrowlding hind use and zoning arc as follows: North & West- A mixture of single family and multi-family residential uses in the RHD zone. South - Eisenhower Park and the municipal beach in the Public Land Usc / Recreation zone (PLU/R). East - A mixture of office and retail commercial uses in the Main Street Specific Plan zone (MSSP). (t) The Planning Commission has prcviously granted the following approvals for the subject propel1y: Variance 20-74 for the construction offour (4) units with tandem parking; and CUP 1-78 for conversion to condominiums. PlwlIling Comnnssioll ResolutlOlI No.Oi-i3 Ap/'l14,2001 Minor Plan Review 97-1 (Extending a side yard balcony) & Minor Plan Review 97-2 (Adding a Roof Deek). (g) As of March 28, 200 I, staff has received no written responses to its mailed noticc rcgarding Minor Plan Review 01-4. 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 Codc, thc Planning Commission hcrcby finds as follows: (a) Minor Plan Review 01-4 is eonsistent with the provisions of the Land Use Element ofthe City's General Plan, whieh provides a "high density residential" designation for the subject property and pennits single- and multi-family residential uses. The use is also consistent with the remaining elements of the City's General Plan as the policies ofthose elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. Scction 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Revicw 01-4, subject to the following conditions: 1. Minor Plan Review 01-4 is approved for the property located at 809 Ocean #3. Specifically, MPR 01-4 is approved for the expansion ofapproximatcly 35 square feet to enclose the portion of the balcony which protrudes into the side yard. 2. All construction shall be in substantial compliance with the plans approved through MPR 01- 4. 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 thc prcsence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal petiod has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 4th day of April, 2001 by the following vote: AYES: Commissioners Hood, Cutuli, Brown, Sharp, Ladner NOES: Commissioners ABSENT: Commissioners ffi .:-. It/' David Hood, Ph.D., Chainnan Planning Commission e Whittcnberg, Sccrctary Planning Commission 2