HomeMy WebLinkAboutPC Res 00-38 - 2000-12-06
RESOLUTION NO. 00-38
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT 00-12, TO PERFORM
A MAJOR REMODEL AND ADDITION TO AN
EXISTING LEGAL, NON-CONFORMING BUILDING
AT 617 OCEAN AVENUE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. On November 2, 2000 John P. Smith "The Applicant" submitted
an application for Conditional Use Permit 00-12 with the Department of Development Services.
Specifically, the applicant is requesting a Conditional Use Permit to allow an addition and major
remodel to an existing legal, non-conforming structure at 617 Ocean Avenue.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ IS02S(a) and ~ I1.A of the
City's Local CEQA Guidelines, staff has determined as follows: The application Conditional
Use Permit 00-]2 is categorically exempt from review pursuant to the California Environmenta]
Quality Act pursuant to ]4 Calif. Code of Regs. ~ ]S30S (Minor Alterations in Land Use
Limitations) because the request is for a minor alteration in land use limitations in an area with
an average slope of less than 20% and no changes in land use or density are involved; and,
pursuant to ~ ]S061(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 December 6, 2000 to consider Conditional Use Permit 00-12
Section 4.
The record of the hearing indicates the following:
(a) On November 2, 2000, John. P. Smith submitted an application for
Conditional Use Permit 00-12.
(b) Specifically, the applicant is seeking to expand and remodel an existing
multi-family building located at 617 Ocean Avenue, Seal Beach. The subject property is
nonconforming due to density, parking, and inadequate side yard setbacks.
(c) The subject property is described as Orange County Assessor's Parcel
Number ]99-032-]S and is located in the Residential High Density zone of Old Town.
(d) The subject property is shaped rectangularly and is approximately S.SOO
square feet in area.
(e) The surrounding land uses and zoning are as follows:
NORTH, EAST & WEST Residential Housing located in a Residential
High Density zone
SOUTH
Residential Housing in a Residential Low Density (RLD)
zone & the Beach and Pacific Ocean in a Public Land
UselRecreation (PLUIR) zone
(f) In response to the mailed and published notice of this hearing staff has
received one oral complaint, and no written, to this request.
C:\My Documenls\RESO\CUP 00.12.617 Ocean Avenue.PC ResQ,doc\LW\11-07-00
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Planning Commission Resolution No. 00-38
Conditional Use Permit 00-12.617 Ocean Avenue
December 6, 2000
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) Conditional Use Permit 00-]2 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 multiple 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 building and property are adequate in size, shape, and topography to
meet the proposed use for the land.
(c) Section 28-2407(A)(3) allows for a one time major structural expansion of
a building with three or more units, subject to conditional use permit approval, provided that
there is at least one parking space per residential unit provided on the property. The subject
property has 4 parking spaces and the owner is proposing to reduce the number of units from 5 to
4 by combining two of the upstairs units into one. In so doing, the applicant would then fall
within the scope of this section of the code and would be allowed this one time major expansion.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit No. 00-]2, subject to the following conditions:
1. Conditional Use Permit is approved to allow a major expansion and construction to an
existing apartment complex located at 617 Ocean Avenue
2. All construction shall be in substantial compliance with the plans approved through
Conditional Use Permit 00-]2, resulting in a total of 4 living units and 5 fully-enclosed off-
street parking spaces to be located on the subject property, in substantial conformance with
the project plans dated October ]9,2000.
3. All construction shall comply with the requirements of the Uniform Building Code and
Uniform Fire Code, as locally amended by the City of Seal Beach.
4. The Applicant shall replace all 60-amp electrical meters with 100-amp electrical meters.
5. This Conditional 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.
6. This CUP shall become null and void unless exercised within one (1) year of the date of final
approval, or such extension of time as may be granted by the Planning Commission pursuant
to a written request for extension submitted to the Department of Development Services a
minimum of ninety (90) days prior to such expiration date.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 6th day of December , 2000, by the
following vote:
A YES: Commissioners
Brown, Cutuli, Hood, Lyon and Sharp
NOES: Commissioners
None
ABSENT: Commissioners
None
CUP 00-12.617 Ocean Avenue.PC Reso
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ABSTAIN: Commissioners None
Planning Commission Resolution No. 00-38
Conditional Use Permit 00-12.6/7 Ocean Avenue
December 6. 2000
e Whittenberg, Secretary
Planning Commission
CUP 00-12.617 Ocean Avenue.PC Reso
. DavId Hood, Ph.D., Chairman
Planning Commission
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