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HomeMy WebLinkAboutPC Res 97-45 - 1997-12-03 ~ RESOLUTION NUMBER 97-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO 97-11, PERMITTING AN ADDITION TO A NONCONFORMING SINGLE FAMILY DWELLING LOCATED AT A-69 SURFSIDE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOL VB Section 1 On October 7, 1997, JIm Haskett (the "Applicant") filed an application WIth the Department of Development SeTVIces for CondItIonal Use PeTffilt 97-11 The applicant is proposmg to perform a major additIon/remodel to a nonconfoTffilng smgie famIly dwelling located at A-69 Surf Side The property IS nonconformmg due to an madequate front yard setback of the garage and madequate SIde yard setback for an elevated walkway on the northwesterly Side of the structure The proposalmcludes the addition of approximately 380 square feet to the ground level of the structure, includmg a new tandem parking space and a new bath room AddItIOnally, the applicant IS proposmg mtenor remodel of the remainder of the structure, as well as the roof Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ IT B of the CIty'S Local CEQA Guidelines, staffhas deteTffilned as follows The applicatIon for CUP 97-11 IS categorically exempt from reVIew pursuant to the Califorma EnVIronmental QUalIty Act pursuant to 14 Calif Code of Regs ~ l5301(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 avaIlable to allow for maxunum development permissIble m 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 sigmficant effect on the enVIronment SectIon 3 A duly noticed public heanng was held before the Planmng Comffilssion on November 19, 1997 to consider the applicatIOn for CUP No 97-11 At the public hearmg the applicant spoke m favor of the request WIth no one spealang m oppoSition Section 4 The record of the heanng on November 19, 1997mdlcates the following (a) On October 7, 1997, JIm Haskett subffiltted an application for CUP 97-11 and Height Vanatlon 97-3 WIth the Department of Development Services (b) The applicant IS requestmg through CUP 97-11 To perform a major addition/remodel to a nonconforming smgle fam1ly dwelling located at A-69 Surfside The property IS nonconfoTffilng due to an madequate front yard setback of the garage and inadequate Side yard setback for an elevated walkway on the northwesterly SIde of the structure The proposalmcludes the addItIon of approximately 380 square feet to the ground level of the structure, mcluding a new tandem parlang space and a new bath room AddItIOnally, the applicant IS proposmg mtenor remodel of the remamder of the structure, as well as the roof HV 97-3 To construct a covered roof access structure (CRAS) m excess of the 35 foot height lIffilt m Surf SIde SpeCIfically, the proposed structure would exceed the height limit by approximately 4 'h feet (c) The subject property IS located m Surfside Colony, a pnvate, gated community of single-family dwellings located on the southerly side of Pacific Coast Htghway at the south end of Seal Beach o \My DocumentsICondibonal Use Pennlls\97-11 Resolution doc Planmng CommISSIon Resolution No 97-45 December3, 1997 (d) The subject property IS rectangular 10 shape WIth an area of approximately 1,115 square feet (25' x 44' - 6%") (e) The surroundmg land uses and zomng are as follows SOUTH The Pacific Ocean located 10 the Public Land Use I RecreatIon zone (pLUIR) Smgie-farruly reSIdentIal uses 10 the ReSIdentIal Low DenSIty (RLD) zone of Surf SIde NORTH, EAST & WEST (f) In response to the Ill/I1led and pubhshed notIce of this hearing staff received no responses regard 109 the proposed conditional use peTffilt SectIon 5 Based upon the facts contained 10 the record, mcludmg those stated 10 ~ 4 of this resolution, and pursuant to ~~ 28-2407, 28-2503 and 28-2504 of the City's Code, the Planmng Commission hereby finds as follows (a) CondItional Use Pennit 97-11 IS consistent WIth the prOVISIons of the Land Use Element of the City's General Plan, winch prOVIdes a "low denSIty reSIdential" deSIgnation for the subject property and permits smgle falDlly reSIdentIal uses The use IS also consIstent WIth the remaImng elements of the CIty'S General Plan as the pohcles of those elements are consistent with, and reflected 10, the Land Use Element Accordmgly, the proposed use IS consIstent with the General Plan (b) The proposed addition/remodel IS 10 keepmg WIth the prOVISIons of Code SectIon 28-506(8) 10 that no additional bedrooms or lIVIng quarters are bemg added, the only room bemg added is a bathroom and at least covered parking space IS prOVIded for the dwelling (c) The bulldmg and property at A-69 Surf SIde are adequate in SIZe, shape, topography and location to meet the needs of the proposed use of the property (d) ReqUired adherence to apphcable bulldmg and fire codes ensures there wlll be adequate water supply and utlhtles for the proposed use Section 6 Based upon the foregomg, the Planmng CommiSSIOn hereby approves ConditIOnal Use PeTffilt 97-11, subject to the following condItions I CondItional Use Permit 97-11 is approved for a major addItion/remodel to a nonconfoTffilng smgie family dwelhng located at A-69 Surf Side 2 All construction shall be in substantIal comphance WIth the plans approved through CUP 97- 11 3. Poor to Issuance of a bUlldmg permit, the apphcant shall record a covenant, 10 a form acceptable to the CIty Attorney, on the Title of the property mdlcatmg the property consIsts of a smgie falDlly dwelling WIth a first floor bathroom 4 All plumbmg fixtures 10 the garage level bathroom shall be fitted WIth an approved bacldlow deVIce to prevent large amounts of sand from entenng the sewer system 10 the event of floodmg SaId bacldlow deVIces shall be at the discretIon of the buildmg department 5 The apphcant remaIns bound by all conditIOns ofHV 97-3 6 This condItIOnal use peTffilt shall not become effectIve for any purpose unless an "Acceptance of CondItions" form has been Signed by the applicant in the presence of the DlTector of Development SeTVIces, or notanzed and returned to the Planmng Department, and untIl the ten (10) day appeal period has elapsed 97-11 Resolullon BCC be Page 2 ,. *clllEl anmng CommISSIon Reso ullOn No 97-45 December3, 1997 PASSED, APPROVED AND ADOPTED by the Planmng Comffilssion of the City of Seal Beach at a meetmg thereof held on the 3rd day of December, 1997 by the folloWIng vote AYES Comffilssioners Brown, Hood, Larson, Yost NOES CommIssIoners ABSTAIN COffiffilssloners Law ~~~ ~~ttenberg, sec~ Planmng CommissIOn 97-11 ResolulJon BCC be Page 3