HomeMy WebLinkAboutPC Res 97-02 - 1997-01-08
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RESOLUTION NUMBER 97-2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CUP NO 96-4,
PERMITTING A MAJOR ADDITION TO A NONCONFORMING
DUPLEX LOCATED AT 236 slH STREET, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE
Section 1 On November 26, 1996, Brent Sears, Architect filed an application
on behalf of Jim Swanson (the "Applicant") with the Department of Development Services for
Conditional Use Permit 96-4 and Minor Plan Review 96-7 Through these requests, the apphcant
sought the following
MPR 96-7' To construct a new four-car garage, including one (1) tandem parking space in
order to meet parking requirements
CUP 96-4 To perform a major addition/remodel to a nonconforming duplex located at 236 5th
Street, Seal Beach The addition includes a 215 square foot addition to the front
unit and a 610 square foot addition to the rear unit The property currently
provides none of the required on-site parking
SectIOn 2 Pursuant to 14 Calif Code of Regs ~ Is02s(a) and ~ II B of the
City's Local CEQA Guidelines, staff has determined as follows The application for CUP 96-4
and Plan Review 96-7 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 10 excess of20% slope or a change in land use or density,
and finally, pursuant to ~ 1 506 1 (b)(3), because it can be seen with certa10ty that there is no
possibility that the approval may have a significant effect on the environment
Section 3 A duly noticed pubbc hearing was held before the Planning
Commission on January 8, 1997 to consider the application for CUP No 96-4 At the public
hearing the applicant spoke 10 favor of the request with no one speaking in opposition
Section 4
The record of the heanng on January 8, 1997 indicates the
following'
(a) On November 26, 1996, Brent Sears, Architect filed an application
on behalfofJlm Swanson (the "Applicant") with the Department of Development Services for
Conditional Use Permit 96-4 and Minor Plan Review 96-7
MPR 96-7
(b) The applicant is requesting the following
To construct a new four-car garage, including one (1) tandem parking space in
order to meet parking reqUIrements
CUP 96-4
To perform a major addition/remodel to a nonconforming duplex located at 236 5th
Street, Seal Beach The addition includes a 215 square foot addition to the front
unit and a 610 square foot addition to the rear unit The property currently
provides none of the required on-site parking
(c) The subject property, legally defined as Lot 36 and the North East
half of Lot 34 in Block 105 of Bay City, as per map recorded in Book 3, page 19 of
Miscellaneous Maps, in the office of the county recorder of said county The subject property is
also described as Orange County Assessor's Parcel No 199-023-7
(d) The subject property is a rectangular lot with 37 5' x 117.5'
dimensions (4,406 square feet),
C 'My DocurnenlslCondrt,onal Use Permrts\96-4 Resolut,on doc
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Planning CommiSSIOn ResolutIOn No 97-2
January 8, 1997
(e) The subject property is located on the easterly side of 5th Street
approximately 442 5 feet northward of the center of the intersection of 5th Street and Central
Avenue
(f) The subject property is surrounded on all sides by a mixture of
single family dwellings and multiple family dwellings in the Residential High Density zone,
(RHO)
(g) The subject property is nonconforming due to insufficient on-site
parking and an insufficient side yard setback ofthree feet (3') on the northerly side of the eXisting
dwelling unit. However, for the purpose of the proposed addition, the Code conSiders the
property to meet the required side yard setback, as a minimum of three (3') is provided
(h) The City has received no responses, written or other, regarding its
mailed and posted notice regarding this request
(i)
CUP 96-4 and MPR 96-7
Staff received no replies, written or other, regarding the notice for
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 inspected the subject property on December 19, 1996, and
found the subJect unit currently meets the requirements of the building code
(b) The granting of Minor Plan Review 96-7 and CUP 96-4 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 236 5th 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 building and fire codes ensure
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)(4) of The Code of the Citv of Seal Beach. as the subject property IS
nonconforming solely due to the provision of tandem parking
Section 6 Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 96-4, subject to the following conditions
1 Conditional Use Permit 96-4 is approved for a major addition/remodel to a nonconforming
duplex located at 236 5th Street, Seal Beach, The addition includes a 215 square foot addition
to the front unit and a 610 square foot addition to the rear unit
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 96-4
and Minor Plan Review 96-7
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
96-4 Resolution Bee be
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Planning CommiSSIOn ResolutIOn No 97-2
January 8, 1997
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 8th day ofJanuary, 1997 by the following vote
AYES, Commissioners
Brown, Law, Sharp, Yost
NOES, Commissioners
ABSENT: Commissioners Hood
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B an M Brown, M
Planning Commission
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96-4 ResoIubon BCC be
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