The URL can be used to link to this page

Home My WebLink AboutPC Res 11-02 - 2011-01-19RESOLUTION NUMBER 11 -2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 11 -1 FOR THE RECONFIGURATION OF AN EXISTING, NONCONFORMING MULTI -UNIT APARTMENT BUILDING, THE ENLARGEMENT OF AN EXISTING, UNCOVERED BALCONY, AND THE ADDITION OF A NEW, UNCOVERED BALCONY AT 1001 OCEAN AVENUE, SEAL BEACH. 01 �/G 1114 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On December 15, 2010, David Gasper, (the "applicant "), submitted an application for Minor Use Permit 11 -1 with the Department of Development Services. Specifically, the applicant proposes to reconfigure an existing, nonconforming multi -unit apartment building by reducing the total density from eight (8) units to seven (7) units; enlarging an existing uncovered balcony; and adding a new uncovered balcony. The property is currently nonconforming since it is over - density; has substandard setbacks from the property lines; and does not provide the minimum code required off - street parking. Section 2 . Pursuant to 14 Calif. Code of Regs. § 15025(a) and § 11.13 of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Use Permit 11 -1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15301 EXISTING FACILITIES (e)(1): Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition or 2,500 square feet, whichever is less. § 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 January 19, 2011 to consider the application for Minor Use Permit 11 -1. Section 4 . The record of the hearing on January 19, 2011 indicates the following: 1 of 4 Planning Commission Resolution No. 11 -2 Minor Use Permit 11 -1 1001 Ocean Avenue January 19, 2011 (a) On December 15, 2010, David Gasper, (the "applicant "), submitted an application for Minor Use Permit 11 -1 with the Department of Development Services. (b) Specifically, the applicant proposes to reconfigure an existing, nonconforming multi -unit apartment building by reducing the total density from eight (8) units to seven (7) units; enlarging an existing uncovered balcony; and adding a new uncovered balcony. The property is currently nonconforming since it is over - density; has substandard setbacks from the property lines; and does not provide the minimum code required off - street parking. (c) The subject property is located in the Residential High Density (RHD) zone within the neighborhood generally referred to as "Old Town ". (d) The surrounding land uses and zoning are as follows: NORTH: Single- and multiple - family residences in the Residential High Density (RHD) Zone SOUTH: Eisenhower Park; Single- and multiple - family residences in the Residential High Density (RHD) Zone EAST: Single- and multiple - family residences in the Residential High Density (RHD) Zone WEST: Single- and multiple- family residences in the Residential High Density (RHD) Zone (e) The subject property is located on a relatively flat lot and is surrounded by properties of a similar nature. The proposed modifications to the existing nonconforming structure is not anticipated to have any adverse impacts to adjacent properties relative to views or open space, and will result in a decrease of unit density on the lot, a lesser impact to available on- street parking, and will provide additional open space and useable outdoor area on the lot, without an expansion of square footage or intensification of use. (f) As of January 13, 2011, staff had not received any responses to the public notices that were mailed and published for the hearing on MUP 11 -1. Section 5 . Based upon the facts contained in the record, including those stated in § 4 of this resolution, and pursuant to § 11.4.40.015B of the City's Municipal Code, the Planning Commission hereby finds as follows: (a) Minor Use Permit 11 -1, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential High Density" designation for the subject property and permits the proposed development, subject to approval of a Minor Use Permit. The use is also 2 of 4 Planning Commission Resolution No. 11 -2 Minor Use Permit 11 -1 1001 Ocean Avenue January 19, 2011 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 modifications, as conditioned, are appropriate to the surrounding neighborhood as the structure is an adequate distance from adjacent residences, does not adversely impact adjacent residences, and similar structures currently exist within the neighborhood. Section 6 . Based upon the foregoing, the Planning Commission hereby approves Minor Use Permit 11 -1, subject to the following conditions: 1. Minor Use Permit 11 -1 is approved for the reconfiguration of an existing, nonconforming multi -unit apartment building, resulting in the reduction of total dwelling units from 8 to 7; the expansion of an existing front balcony; and the construction of a new, approximately 62 square foot rear balcony, with no expansion of enclosed square footage. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 11 -1. 3. No enclosed, habitable square footage shall be added to the existing dwelling unit under this approval. 4. Building permits shall be obtained for all approved structures requiring such a permit. 5. This Minor Use Permit 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 19th day of January 2011, by the following vote: AYES: Commissioners Deaton, Bello, Cummings, Galbreath, and Massa- Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None 3 of 4 Planning Commission Resolution No. 11 -2 Minor Use Permit 11 -1 1001 Ocean Avenue January 19, 2011 Ellery Deaton Chairperson, Planning Commission 4of4 Secretary, Planning Commission