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HomeMy WebLinkAboutPC Res 97-11 - 1997-05-21 . . RESOLUTION NUMBER 97-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO 97-6, PERMITTING A MAJOR ADDITION TO A NONCONFORMING SINGLE FAMILY DWELLING LOCATED AT 220 CENTRAL AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE. Section 1 On April 30, 1997, Pat & Elliot Hagerty (the "Applicants") filed an application with the Department of Development Services for Conditional Use Permit 97-6 The applicants are proposing to perform a major addition/remodel to a nonconforming single family dwelling located at 220 Central Avenue, Seal Beach The property is nonconformmg due to inadequate side and rear setback of an existing detached garage The proposal includes the addition of361 square feet consisting ofa new family room and bedroom and a remodeling of the kitchen and one bathroom Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the City's Local CEQA Guidelines, staff has determined as follows The application for CUP 97-6 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif Code of Regs ~ 15301 (EXIsting Uses), because it involves the negligible expansion ofan existing use, pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in a land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density, and finally, pursuant to ~ 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment Section 3. A duly noticed public hearing was held before the Planning Commission on May 21, 1997 to consider the application for CUP No 97-6 At the public hearing the applicant spoke in favor of the request with no one speaking in opposition Section 4 The record of the hearing on May 21, 1997 indicates the following (a) On Apn130, 1997, Pat & Elliot Hagerty (the "Applicants") filed an application with the Department of Development Services for Conditional Use Permit 97- 6 (b) To perform a major addition/remodel to a nonconforming single family dwelling located at 220 Central Avenue, Seal Beach The property is nonconforming due to inadequate side and rear setback of an existing detached garage (c) The proposal includes the addition of361 square feet consisting ofa new family room and bedroom and a remodeling of the kitchen and one bathroom (d) The subject property, Orange County Assessor's parcel number 199-142-10, is located in the Residential High Density zone (RHO), on a 25' x 100' lot (2,500 sq ft) The property contains a single family dwelling (e) The subject property is legally nonconforming due a detached garage located at the rear ofthe property which proVides inadequate side and rear setbacks (f) In May 1994 the Planning Commission approved Mmor Plan Review 94-5 permitting the addition of approximately 100 square feet to the existing living room at the front of the dwelling (g) City has received one written comment in opposition to the E 'My DocumentsICondlbonal Use Pennrts\97-6 Resolution doc " Planmng CommISSIOn ResolutIOn Na 97-11 May 21, 1997 mailed/published notices of the hearing on CUP 97-6 Section 5 Based upon the facts contained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-2407, 28-2503 and 28-2504 of the City's Code, the Planning Commission hereby finds as follows: (a) Staff last inspected the subject property in August 1994 and found that the property meets all requirements of the Uniform Building Code (b) The granting of CUP 97-6 is consistent with the provisions of the General Plan which indicate the subject property is to be used for high density residential purposes, which includes legally nonconforming single family residences (c) The building and property at 220 Central Avenue are adequate in size, shape, topography and location to meet the needs of the proposed use of the property (d) Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. (e) The proposed addition is in keeping with the requirements of Section 28-2407(A)(3) of The Code of the Citv of Seal Beach, as the subject property is nonconforming solely due to inadequate setbacks for a legal nonconforming garage Section 6 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 97-6, subject to the following conditions I Conditional Use Permit 97-6 is approved for a major addition/remodel to a nonconforming single family residence located at 220 Central Avenue, Seal Beach The proposal includes the addition of 361 square feet consisting of a new family room and bedroom and a remodeling of the kitchen and one bathroom 2 All construction shall be in compliance with the requirements of the Uniform Building Code and Uniform Fire Code 3. All construction shall be in substantial compliance with the plans approved through CUP 97-6 4. This Conditional Use Permit 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 Services, or notarized and returned to the Planning Department, until the ten (10) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 21st day of May, 1997 by the following vote' AYES Commissioners Brown, Hood, Law, Sharp, Yost NOES. Commissioners ABSENT Commissioners Bria Brown, M D , Chairman Planning Commission e Whittenberg, Secretary Planning Commission 97-6 Resolullon BCC be Page 2