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Home My WebLink AboutPC Res 97-50 - 1997-12-03 ,. RESOLUTION NUMBER 97-50 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO 97-12, PERMITTING AN MAJOR ADDITION TO A NONCONFORMING SINGLE FAMILY DWELLING LOCATED AT 320 CENTRAL AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOL VB Section I On October 30, 1997, Brent Sears, Architect subffiltted an apphcation on behalf of Dan Mundy (the "Applicant") with the Department of Development Services for ConditIonal Use PeTffilt 97-12 The applicant IS proposmg to perform a major addition/remodel to a nonconformmg smgle faffilly dwelling located at 320 Central Avenue The property is nonconfoTffilng due to madequate SIde and rear yard setbacks of an eXlstmg detached garage The proposalmcludes the additIon of 18775 square feet on the ground floor for a new dimng room, and a second story addition of 1,307 5 square feet, to include three bedrooms, 2 bathrooms, and a laundry area SectIOn 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA GuIdelines, staff has deteTffilned as follows The application for CUP 97-12 is categoncally exempt from reVIew pursuant to the CalIforma EnVIronmental QUalIty Act pursuant to 14 CalIf Code of Regs ~ 15301(e)(2) (EXlstmg Facilities), because It mvolves an addItion of less than 10,000 square feet to an exIstmg use located m an area where all public SerVIceS are aVlUlable to allow for mllX1mum development pennissible m 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 slgmficant effect on the enVIronment Section 3 A duly notIced public heanng was held before the Planmng ComnusslOn on December 3, 1997 to conSider the application for CUP No 97-12 At the public heanng the applicant spoke m favor of the request WIth no one spealong m opposItIon Section 4 The record of the heanng on December 3, 1997mdlcates the following (a) On October 30, 1997, Brent Sears, Architect submitted an application on behalfofOan Mundy (the "Applicant") WIth the Department of Development Services for CondItional Use Permit 97-12 (b) The applicant IS proposmg to perform a major addition/remodel to a nonconfoTffilng Single faffilly dwelling located at 320 Central Avenue The property IS nonconfoTffilng due to madequate side and rear yard setbacks of an exlstmg detached garage (c) The proposal mcludes the addition of 18775 square feet on the ground floor for a new dlmng room, and a second story addItion of 1,307 5 square feet, to mclude three bedrooms, 2 bathrooms, and a laundry area (d) The subject property, Orange County Assessor's parcel number 199-143-10, IS located m the ReSidential HIgh DenSity zone (RHO), on a 25' x 100' lot (2,500 sq ft) The property contams a smgle family dwelling ( e) The subject property IS legally nonconfoTffilng due a detached garage located at the rear of the property wluch prOVIdes madequate Side and rear setbacks as well as an madequate side yard setback along 4th Street for the exIstmg dwelling (f) The subject property is surrounded by a ffilxture of smgle and multl- faffilly reSIdences m the ReSIdentIal HIgh DenSIty zone (RHO) (g) CIty has received no comments m response to the mlUledlpubhshed D 'My DocumenlslCondibonal Use Penmts\97-12 ResolutIOn doc , , Planmng CommISSIon ResolutIon No 97-50 December 3, 1997 notIces of the heanng on CUP 97-12 Section 5 Based upon the facts contained m the record, mcludmg those stated m ~ 4 of this resolution, and pursuant to AA 28-2407, 28-2503 and 28-2504 of the City's Code. the Planmng COIDm1ssion hereby finds as follows (a) The grantmg of CUP 97-12 IS consistent WIth the provisions of the General Plan whIch mdicate the subject property is to be used for high denSIty reSidential purposes, which mcludes legally nonconfoTffilDg smgie faffilly resIdences (b) The bulldmg and property at 320 Central Avenue are adequate 10 size, shape, topography and location to meet the needs of the proposed use of the property (c) RequITed adherence to applicable bullding and fire codes ensures there will be adequate water supply and utilities for the proposed use (d) The proposed addition is in keepmg WIth the reqUirements of Section 28-2407(A)(3) ofThe Code of the City of Seal Beach, as the subject property is nonconforming solely due to madequate setbacks for a legal nonconformmg garage Section 6 Based upon the foregomg, the Planmng COIDm1sslon hereby approves ConditIOnal Use PeTffilt 97-12, subject to the follOWIng conditions I Conditional Use PeTffilt 97-12 is approved for a major addition/remodel to a nonconfoTffilDg Single faffilly dwelhng located at 320 Central Avenue The approval includes the addItIon of 18775 square feet on the ground floor for a new dimng room, and a second story addition of 1,3075 square feet, to mclude three bedrooms, 2 bathrooms, and a laundry area 2 All construction shall be in compliance WIth the requIrements of the Umform Bulldmg Code and Umform FIre Code 3 All constructIon shall be m substantial comphance WIth the plans approved through CUP 97- 12 4 ThIS CondItional Use PeTffilt shall not become effectIve for any purpose unless an "Acceptance of ConditIOns" form has been signed by the apphcant m the presence of the DIrector of Development Services, or notarized and returned to the Planmng Department, until the ten (10) day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the Planning Comffilssion of the City ofSea1 Beach at a meetmg thereof held on the 3rd day of December, 1997 by the followmg vote AYES CommissIOners Brown, Hood, Larson, Law, Yost NOES CommissIOners ABSTAIN CommissIoners B Brown, M D , Ch81TD1an Planmng COIDm1sslon e W1uttenberg, Secretary Planning COIDm1ssion 97-12 Resolution BCC be Page 2