HomeMy WebLinkAboutPC Res 97-35 - 1997-09-17
RESOLUTION NUMBER 97-35
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CUP NO 97-8,
PERMITTING A MAJOR ADDITION TO A NONCONFORMING
SINGLE FAMILY DWELLING LOCATED AT 308 (AND 310)
OCEAN AVENUE, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOL VB
SectIon 1 On July 29, 1997, Brent A Sears, Arclntect tiled an application on
behalf of DWIght Steffensen (the "Apphcant") WIth the Department of Development SeTVIces for
CondItional Use PeTffilt 97-8 The apphcant is proposmg to perform a mllJor addItion/remodel to
a nonconfonmng SIngle falDlly dwelhng located at 308 (and 310) Ocean Avenue, Seal Beach The
property IS nonconfoTffilng due to an madequate rear yard setback and inadequate SIde yard
setback on the northwesterly Side of the structure
The proposalmcludes the addItIon of 4,654 square feet winch would entad the attachment of
adjacent smgle famdy reSIdences at 308 and 310 Ocean Avenue
SectIon 2 Pursuant to 14 Calif Code of Regs ~ l5025(a) and ~ II B of the
CIty'S Local CEQA Guldelmes, staff has deteTffilned as follows The apphcatlon for CUP 97-8 IS
categorically exempt from reVIew pursuant to the CalIfornia EnVIronmental QUalIty Act pursuant
to 14 CalIf Code of Regs ~ l5301(e)(2) (ExIsting Facdltles), because It mvolves an addition of
less than 10,000 square feet to an exIstmg use located 10 an area where all pubhc services are
avadable to allow for I1llIXlmum development permissible 10 the General Plan, and, pursuant to
~ 15061 (b )(3), because 11 can be seen WIth certamty that there IS no pOSSlblhty that the approval
may have a Slgmticant effect on the environment
Section 3 A duly noticed pubhc heanng was held before the Planmng
CommiSSIon on September 17, 1997 to conSider the apphcatlon for CUP No 97-8 At the pubhc
hearmg the apphcant spoke 10 favor of the request WIth no one speakmg 10 opposition
Section 4
The record of the heanng on September 17, 1997mdlcates the
following
(a) On July 29, 1997, Brent A Sears, Arclntect tiled an application on
behalf of Dwight Steffensen (the "Apphcant") WIth the Department of Development SeTVIces for
ConditIonal Use PeTffilt 97-8
(b) The apphcant is proposmg to perform a major addition/remodel to
a nonconforming smgle falDlly dwelhng located at 308 (and 310) Ocean Avenue, Seal Beach The
property is nonconforming due to an madequate rear yard setback and madequate Side yard
setback on the northwesterly SIde of the structure
The proposalmcludes the addition of 4,654 square feet whIch would entad the attachment of
adjacent SIngle farmly residences at 308 and 310 Ocean Avenue
(c) The subject property, Orange County Assessor's parcel numbers
199-113-3 and 199-113-4, IS located 10 the ReSIdential Low DenSIty zone (RLD) The property
comprises two separate 30' x 196' propertIes (11,760 square feet overall) The property contams
two separate smgle family dwellings
(d) The subject property is legally nonconfoTffilng due to madequate
side yard setback on the northwesterly side of the property and madequate rear yard setback A
portion of the rear of the dwelhng located at 308 Ocean Avenue IS budt across the eXlstmg sewer
easement, twelve feet mto the rear yard setback The portion of the dwelhng budt mto the rear
setback IS two-stories and IS approxImately on-half of the faffilly room and one-half of the hVlng
room
o 'My DocumentslCondlbonel Use Pennllsl97-8 Resolulion doc
Plannmg CommISSIOn ResolutIOn No 97-35
September 17. 1997
(e) City has received no comments, written or other, 10 response to the
ITIlUled/published notIces of the hearmg on CUP 97-8
SectIon 5 Based upon the facts contained in the record, mcludmg those stated m
A 4 oftlus resolutIon, and pursuant to A~ 28-2407, 28-2503 and 28-2504 of the CIty'S Code, the
Planmng Commission hereby finds as follows
(a) The grantmg of CUP 97-8 IS consistent wIth the proVIsions of the
General Plan wluch mdicate the subject property IS to be used for low denSIty reSidentIal
purposes, wluch includes legally nonconformmg smgle fanuIy residences
(b) The bUIlding and property at 308 (and 310) Ocean Avenue are
adequate m SIze, shape, topography and locatIon to meet the needs of the proposed use of the
property
(c) ReqUIred adherence to applicable bulldmg and fire codes ensures
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)(3) ofThe Code of the CIty of Seal Beach, as the subject property IS
nonconfonmng solely due to madequate setbacks
SectIon 6 Based upon the foregomg, the Planning CommIssIon hereby
approves CondItional Use Permit 97-8, subject to the follOWIng condItIons
1 CondItIonal Use Permit 97-8 IS approved for a major additIon/remodel to a nonconformmg
smgle family dwelbng located at 308 (and 310) Ocean Avenue, Seal Beach The property IS
nonconfonmng due to an Inadequate rear yard setback and madequate SIde yard setback on
the northwesterly side of the structure
The proposalmcludes the addition of 4,654 square feet which would entail the attachment of
adjacent smgle faffilly residences at 308 and 310 Ocean Avenue
2 All construction shall be in compbance WIth the requirements of the Umform Bulldmg Code
and Umform FIre Code
3 All constructIon shall be in substantial compbance WIth the plans approved through CUP 97-8
4 Prior to issuance of building peTffilts, the applicant shall record a covenant, mdemmficatlon
and hold harmless agreement, in a form satisfactory to the CIty Attorney, on the TItle of the
property mdlcating the property owner WIll be responSIble for all costs of removal and/or
replacement of all or part of the rear yard intruSIon in the event the CIty must demobsh It to
gain access to the sewer bne Said covenant shall also mdlcate the structure IS a smgle faffilly
dwelbng with a wet bar
5 The appbcant shall formally merge the two affected lots prior to issuance of a gradmg peTD11t
6 Tlus 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 DlTector of
Development Services, or notanzed and returned to the Planmng Department, until the ten
(10) day appeal penod has elapsed
PASSED, APPROVED AND ADOPTED by the Plannmg Commission of the CIty of Seal Beach
at a meetIng thereof held on the 17th day of September, 1997 by the follOWIng vote
A~S COffiffilsSloners
Brown, Larson, Law, Yost
NOES Commissioners
ABSENT: Commissioners Hood
ffl-8 ResoiuIKIn BCC be
Page 2
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97-8 ResoIuIlO/I BCC be
Page 3
Planning CommISSIOn ResolutIOn No 97-35
September 17, 1997
w-
Brown, M D , Chairman
g COI1lllllSSIOn