HomeMy WebLinkAboutPC Res 94-12- 1994-05-04
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RESOLUTION NUMBER 94-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CUP NO 94-2,
PERMITTING A MAJOR REMODEUADDITION TO A
NONCONFORMING SINGLE FAMILY DWELLING
LOCATED AT 1603 SEAL WAY, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
SectIon 1 On March 11, 1994, Joe and Adrienne Kalmick ("The Apphcants")
filed an apphcation for CUP 94-2, Variance 94-2 and Height Vanatlon 94-2 WIth the Department
of Development Services The apphcants sought a vanance from the reqUIred rear yard setback
to penmt an extstlng second story bedroom to remain WIth it's present setback In conjunction WIth
a maJor remodeVaddltion to a nonconforming single fanuly dwelling located at 1603 Seal Way,
Seal Beach The subJect property IS nonconfonmng due to inadequate rear yard setback
The requested hetght vanatlon IS to construct a covered roof access structure In excess of the 25
foot height bout
Section 2 Pursuant to 14 CalIf Code of Regs ~ 15025(a) and ~ II A of the
CIty'S Local CEQA Guidehnes, staff has determined as follows The application for CUP No
94-2 is categorically exempt from review pursuant to the Callforma Environmental Quahty Act
pursuant to 14 CalIf Code of Regs ~ 15301 (EXIsting Uses), because the application IS for an
extstlng use whtch is not expanding In excess of50% of the floor area of the structure before the
addItion, or 2,500 square feet, and, pursuant to ~ 15061(b)(3), because it can be seen WIth
certainty 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 Planning
Conumsslon on Apnl20, 1994 to conSIder the applicatIon for CUP No 94-2 The applicant
spoke In favor ofthts request with no persons spealang In OppOSItion
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The record of the heanng on April 20, 1994 indicates the follOWIng
(a) On March 11, 1994, Joe and Adrienne Kalmick filed applicatIOns for
Vanance 94-2, CondItIOnal Use Penmt 94-2 and Height Vanatlon 94-2 with the Department of
Development Services
(b) Specifically, the applicants are requesting a variance from the requITed rear
yard setback to permit an existing second story bedroom to remam with it's present setback in
conJunctIOn WIth a maJor remodeVaddltlon to a nonconfonntng single fanuly dwe1hng located at
1603 Seal Way, Seal Beach The subJect property IS nonconfonmng due to madequate rear yard
setback
The requested hetght variatIOn IS to construct a covered roof access
structure In excess of the 25 foot heIght limit
(c) The subJect property IS legally described as Orange County Assessor's
Parcel Number 199-094-37
(d) The subJect property IS surrounded on three (3) sides by a nuxture of single
fanuly and multI-family residences In the ReSIdential High Density zone, (RHO), and by the
PaCIfic OCetm to the south
(e) The subject property is nonconforming due to inadequate rear yard
setback Spectfica1ly, the existing structure provides a five (5') foot rear yard setback for both the
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Plannmg CommIssIon ResolutIOn No 94-/2
May4, /994
first and second floors Setbacks of twelve (12') feet for the first floor and six (6') feet for the
second floor are requITed
(f) The subJect structure was constructed In 1959
(g) The City received no wntten comments responding to the notices of the
hearing on CUP No 94-2
Section 5 Based upon the facts contained in the record, including those stated m
~ 4 ofthts resolution, and pursuant to ~~ 28-2503 and 28-2504 of the City's ~ the Planning
Conumssion hereby finds as follows
(a) Conditional Use Penmt 94-2 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 maJor additIOns/remodels to nonconfonmng resIdential
structures, subJect to the Issuance of a condItional use permit The use IS also conSIstent with the
remaimng 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 budding and property at 1603 Seal Way are adequate In SIZe, shape,
topography and locatIOn to meet the needs of the proposed use of the property
(c) ReqUIred adherence to appbcable buildmg and fire codes ensure there WIll
be adequate water supply and utdltles for the proposed use
(d) WIth the granting ofVanance 94-2, the proposed addItIon is In keeping
WIth the requITements of Section 28-2407(A)(3) of the Code ofthe City of Seal Beach.
(e) The proposed use will be compatible with surrounding uses and the
commumty in general, because the style, height and bulk of the proposed structure, as remodeled,
IS consistent with surrounding reSidential uses
SectIon 6 Based upon the foregOing, the Planrung Commission hereby
approves Conditional Use Penmt 94-2, subJect to the follOWing condItions
1 ConditIonal Use Pernut 94-2 is approved for the addition of approximately 1313 square
feet to a Single family dwelling located at 1603 Seal Way, Seal Beach
2 All construction shall be In compliance WIth the requirements of the Uniform Building
Code and Umform Fire Code
3 All construction shall be In substantial compliance WIth the plans approved through
Vanance 94-2 and HeIght Vanatlon 94-2
4 The apphcants shall record a covenant on the TItle of the property In a form acceptable to
the Director of Development SeMces indIcating the structure IS a SIngle fanuly dwelling
and shall remain so until such tune as the Code of the Citv of Seal Beach IS amended to
allow greater than one dwelling unit on the property Said covenant shall be recorded prior
to Issuance of a budding penmt
5 Thts CondItIonal Use Penmt 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 SeMces, or notanzed and returned to the Planmng Department,
untd the ten (10) day appeal period has elapsed
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Planning CommISSIon ResolutIon No 94-/2
May 4, /994
PASSED, APPROVED AND ADOPTED by the Planning Commission of the CIty of Seal Beach
at a meeting thereof held on the 4th day of May, 1994 by the following vote
AYES Commissioners Law, Shdrp, Campbell, Soukup
NOES Comnussioners
ABSENT ConumsslOners
Dahlman
Barry U~lS, Secretary
P1anmnt t:onumssion
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Ilark <;<Jukun, Vlce Chalrman
Planmng CommissIOn
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