HomeMy WebLinkAboutPC Res 97-54 - 1997-12-17
RESOLUTION NUMBER 97-54
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CUP NO 97-13,
PERMITTING A MAJOR ADDITION TO A NONCONFORMING
DUPLEX LOCATED AT IZl AND 121 ~ 2nd STREET, SEAL
BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOL VB
Section 1 On November 13, 1997, Mark H Gole (the "Apphcant") filed an
apphcatlon WIth the Department of Development SeMces for CondItIOnal Use PeTffilt 97-13 and
Minor Plan ReVIew 97-6 Through these requests, the applicant sought the follOWIng
MPR 97-6
To add two (2) tandem parkmg spaces 10 order to meet parkmg requIrements
CUP 97-13 To perform a major addItion/remodel to a nonconfoTffilng duplex located at 121
2nd Street, Seal Beach The addItion includes the demolition and replacement of the one-story
front unit The new front unit Will be two-stones m height WIth an area of2,334 square feet
Secl10n 2 Pursuantto 14 Cabf Code of Regs ~ 15025(a) and ~ II B of the
CIty'S Local CEQA GUldehnes, staff has deteTffilned as follows The apphcatlon for CUP 97-13 IS
categoncally exempt from Tev1ew pursuant to the Cahforma EnVIronmental QualIty Act pursuant
to 14 Calif Code of Regs A 15301(e)(Z) (EXlstmg Facdltles), because It mvolves an addition of
less than 10,000 square feet to an eXIstmg use located in an area where all public serVIces are
available to allow for I11llXlmum development peTffilsSlble 10 the General Plan, and, pursuant to
~ 15061(b)(3), because it can be seen With certamty that there is no pOSSIbIlity that the approval
may have a significant effect on the enVIronment
SectIon 3 A duly notIced pubhc hearmg was held before the Planning
COffilDlsslOn on December 17, 1997 to consIder the apphcatlon for CUP No 97-13 Atthe public
hearmg the apphcant spoke in favor of the request with no one speakmg m opposItIon
SectIon 4
The record of the hearing on December 17, 1997 mdlcates the
follOWIng
(a) On November 13, 1997, Mark H Gole filed an applicatIon WIth the
Department of Development SeTVIces for CondItIOnal Use PeTffilt 97-13 and Minor Plan ReView
97-6
(b) The apphcant is requesting the follOWIng
MPR 97-6 To add two (2) tandem parkmg spaces in order to meet parkmg reqUIrements
CUP 97-13 To perform a major additIon/remodel to a nonconfoTffilng duplex located at IZl
2nd Street, Seal Beach The addItion mcludes the demolition and replacement of the one-story
front unit The new front umt WIll be two-stones m height WIth an area ofZ,334 square feet
(c) The subject property, legally defined as Lot 21, Block I of Bay City
Tract The subject property IS also descnbed as Orange County Assessor's Parcel No 199-145-
14
(d) The subject property IS a rectangular lot WIth 25' x I 17 5'
dImenSIOns (2,937 square feet)
(e) The subject property is located on the westerly Side of 2nd Street
approXimately 180 feet southerly of the center of the mtersectlon ofZnd Street and Central Way
(t) The subject property IS surrounded on all SIdes by a mIxture of
smgle fa1D1ly dwellings and multIple faffilly dwellings m the ReSIdentIal High Density zone,
(RHO)
(g) The subject property IS nonconformmg due to msufficlent on-sIte
parking and an insufficient rear yard setback for the eXISting garage and umt above
o \My DocumentsICondlllonal Use Permds\97-13 ResoIubon doc
Planning CommISSIon ResolutIOn No 97-54
Decemberl7.1997
(h) The City has received one (1) response, a letter in opposItion to the
proposed tandem parking from Jim Gibson of 121 3111 Street, regardmg the mailed and posted
notice for this request
Section 5 Based upon the facts contamed in the record, mcludmg those stated m
~ 4 oftlus resolution, and pursuant to U 28-2407, 28-2503 and 28-2504 of the CIty'S Code, the
Planmng CommisSIon hereby finds as follows
(a) The grantmg of CondItIonal Use Permit 97-13 IS consistent WIth the
prOVISIons of the General Plan which indIcate the subject property is to be used for Ingh denSIty
reSidential purposes, winch mcludes legally nonconfrmmg duplexes
(b) The buIlding and property at 121 2nd Street 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 utilities for the proposed use
(d) The proposed addItion is m keepmg with the requIrements of
Section 28-2407(A)(4) of The Code of the CltV of Seal Beac!!, as the subject property IS
nonconforming solely due to the proVISIon of tandem parking and madequate setbacks for legal,
nonconforming garages
(e) The proposed major remodel/addition WIll entail the removal ofa
non-permitted third dwelling umt from the property
Section 6 Based upon the foregomg, the Planmng CommissIon hereby
approves Conditional Use PeTffilt 97-13, subject to the follOWIng condItions
1 CondItional Use Permit 97-13 IS approved for a major addItIon/remodel to a nonconfoTffilDg
duplex located at 121 2nd Street, Seal Beach The addItion mcludes the demobtlon and
replacement of the one-story front umt The new front umt WIll be two-stones in heIght WIth
an area of2,334 square feet
2 All construction shall be in compliance WIth the requIrements of the Uniform Buildmg Code
and Uniform Fife Code
3 Pnor to Issuance ofbuIldmg peTffilts, the appbcant shall record a covenant, m a form
satIsfactory to the City Attorney, on the TItle of the property mdlcating the property contains
only two (2) dwelbng umts Additionally, SII1d covenant shall stipulate that all future rental
agreements include language indicatmg that each dwelbng umt is entItled to the use of two
parkmg spaces (one standard, one tandem) Wlthm the four-car garage
4 The apphcant remams bound by all condItIons of CUP 97-13
5 All construction shall be In substantial compliance with the plans approved through CUP 97-
13 and Mmor Plan Review 97-6
6 Tins CondItIonal Use Permit shall not become effectIve for any purpose unless an "Acceptance
of Conditions" form has been SIgned by the appbcant in the presence of the Director of
Development SeMces, or notarized and returned to the Planmng Department, untIl the ten
(10) day appeal period has elapsed
PASSED, APPROVED AND ADOPTED by the Planmng COffiffilsslon of the City of Seal Beach
at a meeting thereof held on the ltt' day of December, 1997 by the follOWIng vote
97-13 ResoIuIlon BCC be
Page 2
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AYES COffiffilsslOners
NOES COffiffilssloners
Brown, Larson, Yost
Planning Commission ResolutIOn No 97-54
December 17, 1997
ABSENT Commissioners Hood, Law
ee Whittenberg, Secretary
Planning COffiffilssion
97-13 Resoiul1an BCC be
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Planning COffiffilsslon