HomeMy WebLinkAboutPC Res 00-25 - 2000-08-09
RESOLUTION NUMBER 00-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CUP NO. 00-6,
PERMITTING A MAJOR ADDITION TO A NONCONFORMING
SINGLE FAMILY DWELLING LOCATED AT 308 (AND 310)
OCEAN A VENUE, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section I. On June 14, 2000, Brent A. Sears, Architect filed an application on
behalf of Dwight Steffensen (the "Applicant") with the Department of Development Services for
Conditional Use Permit 00-6. The applicant is proposing to perform a major addition/remodel to
a nonconforming single family dwelling located at 308 (and 310) Ocean Avenue, Seal Beach.
The property is nonconforming due to an inadequate rear yard setback and inadequate side yard
setback on the northwesterly side of the structure.
The proposal includes the addition of 4,654 square feet which would entail the attachment of
adjacent single family residences at 308 and 310 Ocean A venue.
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 CUP 00-6 is
categorically exempt from review pursuant to the California Environmental Quality Act pursuant
to 14 Calif. Code of Regs. ~ 15301(e)(2) (Existing Facilities), because it involves an addition of
less than 10,000 square feet to an existing use located in an area where all public services are
available to allow for maximum development permissible in the General Plan, and; 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 public hearing was held before the Planning
Commission on August 9,2000 to consider the application for CUP No. 00-6. At the public
hearing the applicant spoke in favor ofthe request with no one speaking in opposition.
Section 4.
The record of the hearing on August 9, 2000 indicates the
following:
(a) On June 14, 2000, Brent A. Sears, Architect filed an application on
behalf of Dwight Steffensen (the "Applicant") with the Department of Development Services for
Conditional Use Permit 00-6.
(b) The applicant is proposing to perform a major addition/remodel to
a nonconforming single family dwelling located at 308 (and 310) Ocean Avenue, Seal Beach.
The property is nonconforming due to an inadequate rear yard setback and inadequate side yard
setback on the northwesterly side of the structure.
The proposal includes the addition of 4,654 square feet which would entail the attachment of
adjacent single family residences at 308 and 310 Ocean Avenue.
(c) The subject property, Orange County Assessor's parcel numbers
199-113-3 and 199-113-4, is located in the Residential Low Density zone (RLD). The property
comprises two separate 30' x 196' properties (11,760 square feet overall). The property contains
two separate single family dwellings.
(d) The subject property is legally nonconforming due to inadequate
side yard setback on the northwesterly side of the property and inadequate rear yard setback. A
portion of the rear of the dwelling located at 308 Ocean A venue is built across the existing sewer
easement, twelve feet into the rear yard setback. The portion of the dwelling built into the rear
setback is two-stories and is approximately on-half of the family room and one-half of the living
room.
(e) City has received no comments, written or other, in response to the
Planning Commission Resolution No. 00-25
August 9, 2000
mailed/published notices of the hearing on CUP 00-6.
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) The granting of CUP 00-6 is consistent with the provisions of the
General Plan which indicate the subject property is to be used for low density residential
purposes, which includes legally nonconforming single family residences.
(b) The building and property at 308 (and 310) Ocean A venue are
adequate in size, shape, topography and location to meet the needs of the proposed use of the
property.
(c) 'Required adherence to applicable building and fire codes ensures
there will be adequate water supply and utilities for the proposed use.
(d) The proposed addition is in keeping with the requirements of
Section 28-2407(A)(3) of The Code of the Citv of Seal Beach, as the subject property is
nonconforming solely due to inadequate setbacks.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 00-6, subject to the following conditions:
1. Conditional Use Permit 00-6 is approved for a major addition/remodel to a nonconforming
single family dwelling located at 308 (and 310) Ocean Avenue, Seal Beach, The property is
nonconforming due to an inadequate rear yard setback and inadequate side yard setback on
the northwesterly side of the structure.
The proposal includes the addition of 4,654 square feet which would entail the attachment of
adjacent single family residences at 308 and 310 Ocean A venue.
2. All construction shall be in compliance with the requirements of the Uniform Building Code
and Uniform Fire Code.
3. All construction shall be in substantial compliance with the plans approved through CUP 00-
6.
4. Prior to issuance of building permits, the applicant shall record a covenant, indemnification
and hold harmless agreement, in a form satisfactory to the City Attorney, on the Title of the'
property indicating the property owner will be responsible for all costs of removal and/or
replacement of all or part of the rear yard intrusion in the event the City must demolish it to
gain access to the sewer line. Said covenant shall also indicate the structure is a single
family dwelling with a wet bar.
5. The applicant shall formally merge the two affected lots prior to issuance of a grading
permit.
6. 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;
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 9th day of August, 2000 by the following vote:
AYES: Commissioners
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NOES: Commissioners
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ABSENT: Commissioners
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Page 2
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Planning Commission
Page 3
Planning Commission Resolution No. 00-25
August 9, 2000
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David Hood, PhD., Chai
Planning Commission