HomeMy WebLinkAboutPC Res 94-28 - 1994-07-20
RESOLUTION NUMBER 94-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CONDITIONAL USE
PERMIT 94-5, PERMITTING THE ADDITION OF
APPROXIMATELY 1,825 SQUARE FEET TO TO A
NONCONFORMING SINGLE FAMILY DWELLING
LOCATED AT 119 8TH STREET, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
SectIOn 1 On June 17,1994, Brent A Sears, Archttect on behalf of Carolyn
and Eldon Alexander ("The Applicants") filed an application for Conditional Use Permit 94-5
WIth the Department of Development Services Through cup 94-5, the applicants seek approval
for an addItIon ofapprOlamately 1,825 square feet to a nonconforming s10gle family dwelling
located at 119 8th Street, Seal Beach
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 Conditional
Use Penmt 94-5 IS categoncally exempt from review pursuant to the CalifornIa EnVIronmental
QUality Act pursuant to 14 CalIf Code of Regs ~ 15301 (EXIsting Uses), because It 1Ovolves the
negligible expansIOn of an eXIsting use, pursuant to ~ 15305 (Mmor Alterations 10 Land Use
Lumtatlons), because the proposal 1Ovolves a minor alteratIOn 10 a land use IInutatlon and does not
Involve eIther a property In excess of20% slope or a change In land use or denSity, and finaIly,
pursuant to ~ 15061(b)(3), because It can be seen With certamty that there IS no pOSSibIlity that the
approval may have a slgmficant effect on the environment
SectIOn 3 A duly noticed public heanng was held before the Planmng
ConumsslOn on July 20, 1994 to conSider the applicatIon for CondItIOnal Use Penmt 94-5 At the
public hearing the applicant and her agent spoke In favor of the request WIth no one speak10g In
OppOSitIon
SectIOn 4
The record of the heanng on July 20, 1994 10dlcates the follow1Og
(a) On June 17, 1994, Brent A Sears, Architect subnutted an
applicatIOn on behalf of Carolyn and Eldon Alexander WIth the Department of Development
SeMces for ConditIonal Use Penmt 94-5
(b) SpeCifically, the applicants are requesting a maJor remodel and
addition to an exlstmg nonconfonmng smgle family dwelling located at 119 8th Street, Seal
Beach Specifically, the applicants are requesting to add approximately 1,825 square feet,
Includmg a new second floor, to the eXlst10g structure
(c) The subJect property, legally defined as Lot 19 and the southerly
one-half of Lot 21 In Block 7 of "Bay City" Tract, as shoWll on a map 10 Book 3, Page 19 of
MtsceIlaneous Maps, In the office of the County Recorder of saId county, said southerly half
hav10g a frontage of 125 feet on EIght Street and a uruform WIdth of 125 feet from the front to
the rear of SaJd lot
(d) The subJect lot IS rectangular In shape WIth a WIdth of37 5 feet and
a depth of 1175 feet (4,406 sq ft)
( e) The subJect property IS located on the westerly SIde of 8th Street
apprOlamately 265 feet northward of the center of the mtersectlon of 8th Street and Ocean
Avenue
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Planning CommISSIOn ResolutIon No 94-28
July 20, 1994
(f) The subJect property is surrounded on all Sides by a nuxture of
single family dwellings and multiple fanuly dwellings In the ResidentIal HIgh Density zone,
(RHO)
(g) The subJect property contains an older (1930 era) s10gle fanuly
dwelling with a detached three-car garage In the rear
(h) The subJect property IS nonconform1Og due to Inadequate SIde yard
setbacks Specifically, the eXIsting house IS located two (2') feet from the northerly property line
Instead of the required 375 feet
(I) In preparatIon ofthts staff report the City has become aware ofa
non-penmtted conversion of the three-car garage Staff has reviewed butld10g records for the
subJect property has found no permit for the conversion of the garages to liVIng area
(I) CIty has receIved no comments, written or other, respond1Og to the
notices of the heanng on CUP 94-5
SectIon 5 Based upon the facts contained 10 the record, Includ10g those stated In
~ 4 ofthts resolution, and pursuant to ~~ 28-2407, 28-801, 28-2503 and 28-2504 of the CIty'S
Code. the Planning Conumsslon hereby finds as follows
(a) Conditional Use Pernut 94-5 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 smgle and multi-family residentIal uses The use IS also
consistent WIth the rema10lng elements of the CIty's General Plan as the poliCIes of those elements
are consIstent WIth, and reflected 10, the Land Use Element Accord1Ogly, the proposed use IS
consistent WIth the General Plan
(b) The butld10g and property at 119 8th Street are adequate In Size, shape,
topography and locatIOn to meet the needs of the proposed use of the property
(c) ReqUired adherence to applicable bUlld10g and fire codes ensure there WIll
be adequate water supply and uttlltles for the proposed use
(d) The proposed addItIOn IS In keep10g WIth the reqUirements of Section
28-2407(A)(5) of the Code of the City of Seal Beach, as the subJect property IS nonconforming
solely due to Inadequate setbacks
(e) The proposed use WIll be compatible with surrounding uses and the
commumty 10 general, because the style, hetght and bulk of the proposed structure, as remodeled,
IS consIstent WIth surrounding reSIdentIal uses
SectIOn 6 Based upon the foregomg, the Planmng CommISSIOn hereby
approves CondItIOnal Use Permit 94-5, subJect to the follOWIng conditions
1 CondItIOnal Use Pernut 94-5 IS approved for the addItIOn of approxImately 1,825 square
feet to a nonconforming Single fanuly dwelling located at 119 8th Street, Seal Beach
2 All construction shall be In compliance with the reqUirements of the Umform Building
Code and Umform FIre Code
3 The applicant shall maintain the garage on the property 10 compliance WIth the mumclpal
Code
4 The applicants shall record a covenant on the TItle of the property indicating the presence
of only one dwelling umt on the subJect property
5 All construction shall be 10 substantial compliance WIth the plans approved through CUP
94-5
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Planning CommISSIOn ResolutIOn No 94-28
July 20, 1994
6 Thts Conditional Use Penmt shall not become effectIVe for any purpose unless an
"Acceptance of CondItions" form has been slgtled by the applicant In the presence of the
DITector of Development SeMces, or notanzed and returned to the Planmng Department,
and, until the ten (10) day appeal penod has elapsed
PASSED, APPROVED AND ADOPTED by the Planmng Conumsslon of the CIty of Seal Beach
at a meetmg thereof held on the 20th day ofJuly, 1994 by the follOWIng vote
AYES Comnussloners BroWll. Camobell. Law. Sharo
NOES Conumssioners
ABSENT Conumssioners Dahlman
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laMIng Conumsslon
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