HomeMy WebLinkAboutPC Res 97-10 - 1997-05-21
RESOLUTION NUMBER 97-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CUP NO 97-5,
PERMITTING A MAJOR ADDITION TO A NONCONFORMING
DUPLEX LOCATED AT 210 1ST STREET, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1 On April 16, 1997, John K Perttula, Architect filed an application
on behalf Santo & Mary Dimare (the "Applicants") With the Department of Development Services
for Conditional Use Permit 97-5, The applicants are requesting to perform a maJor addition!
remodel to a nonconforming duplex located at 210 I't Street, Seal Beach The property is
nonconforming due to density, tandem parking and rear yard setback for an existing permitted
garage
The proposal includes the addition ofa 1,137 square foot second floor to the front umt consisting
of 3 bedrooms, 2 bathrooms and a roof deck
Section 2, Pursuant to 14 Calif Code of Regs ~ Is02s(a) and ~ II B of the
City's Local CEQA Guidelines, staff has determ10ed as follows The application for CUP 97-5 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
of an 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 of20% slope or a change 10 land use or denSity; and finally, pursuant to ~ Is06I(b)(3),
because it can be seen with certainty that there is no possibihty 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 97-5 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 10dicates the following
(a) On April 16, 1997, John K Perttula, Architect filed an
application on behalf Santo & Mary Dimare (the "Applicants") with the Department of
Development Services for Conditional Use Permit 97-5
(b) The applicants are request10g to perform a major
addition/remodel to a nonconforming duplex located at 210 I" Street, Seal Beach The property is
nonconforming due to density, tandem parking and rear yard setback for an existing permitted
garage,
The proposal includes the addition of a 1,13 7 square foot second floor to the front umt consisting
of 3 bedrooms, 2 bathrooms and a roof deck
(c) The subject property, legally defined as Orange County
Assessor's Parcel Number 199-141-4, is arectangularlot with dimenSIon of30' x 117 5' (3,525
square feet).
(d) The subject property is located on the easterly side of 1st
Street approximately 1 SO feet northward of the center of the intersection of I st Street and Central
Way
(e) The subject property is surrounded on three (3) sides by a
mixture of single family dwellings and multiple family dwellings 10 the ReSIdential High DenSity
zone, (RHO), and to the west by the vacant DWP property located 10 the DWP Specific Plan
Regulatory zone
E 'My DocumentslCondlt,onal Use Permrts\97-5 ResolutIOn doc
Planning CommlsMon ResolutIOn No, 97-10
May 21, 1997
(f) The subject property is nonconforming due to density,
legally permitted tandem parking and insufficient rear yard setback The subject property contains
two (2) units,
(g) In May 1993 the Planning Commission approved MInor
Plan Review 93-3 permitting a remodel and expansion of the front unit by 98 square feet The
proposed remodel and addition resulted in the modification of the front single-family residence
from a three-bedroom residence to a two-bedroom residence Additionally, the approval allowed
the removal one (1) of the three (3) units on the property and the addition of approximately 72
square feet to the first floor of the rear structure to accommodate two (2) new tandem parking
spaces (Resolution 93-29 attached)
(h) City has received one written comment in opposition to the
mailed/published notices of the hearing on CUP 97-5,
Section 5 Based upon the facts conta1Oed 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 January 1994 and
found that, with the improvements required by the Planning Commission through Minor Plan
Review 93-3, the property meets all requirements of the Uniform BuIlding Code
(b) The granting of CUP 97-5 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 duplexes
( c) The building and property at 210 1 st Street are adequate in
size, shape, topography and locatIOn to meet the needs of the proposed use of the property
(d) Required adherence to applicable build10g 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&4) of The Code of the Citv of Seal Beach, as the subject property is
nonconforming due to the provision of density, tandem parking and inadequate rear setback for an
existing nonconforming garage
Section 6 Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 97-5, subject to the following conditions
1. Conditional Use Permit 97-5 is approved for a major addition/remodel to a nonconforming
duplex located at 210 1st Street, Seal Beach The proposal includes the addition ofa 1,137
square foot second floor to the front unit consisting of 3 bedrooms, 2 bathrooms and a roof
deck
2 All construction shall be in compliance with the requirements of the Uniform Buildmg Code
and Uniform Fire Code,
3 All construction shall be in substantial compliance with the plans approved through CUP 97-5
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
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AYES' Commissioners
NOES Commissioners
ABSENT Commissioners
Planmng CommiSSIOn Re.olutlon No 97-10
May 21, 1997
Brown, Hood, Law, Sharp, Yost
~ftr:
Planning Comnussion
e Whittenberg, Secretary
Planning Commission
97-5 ResolutJon BCC be
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