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Home My WebLink AboutPC Res 98-22 - 1998-06-17 -" . RESOLUTION NUMBER 98- ~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 98-9, APPROVING A MAJOR ADDlTION/REMODEL TO AN EXISTING SINGLE FAMILY DWELLING AT 1110 ELECTRIC AVENUE (KING) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIon 1 On April I, 1998, John K Pertulla filed an applicatIOn on behalf of Richard King (the "Apphcant") with the Department of Development Services for CondItIOnal Use Permit 98-9 Specifically, the applicant is proposing to perform a major addition/remodel to a nonconforming single family dwelling located at 1110 Electric Avenue, Seal Beach The property is nonconforming due to inadequate rear yard setback of an eXIsting detached garage The proposal includes the addition of 239 75 square feet to the first floor, includmg the enclosure of the existmg porch, and 1048 6 square feet to the second floor, not includmg a 9'3" by 24'9" balcony 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 CondItIOnal Use Permit No 98-9 IS categorically exempt from review pursuant to the Cahforma Environmental Quality Act pursuant to 14 Cahf Code of Regs ~ 15301 (EXIsting Faclhtles), because the proposal involves a negligIble expansion of an existing use pursuant to ~ 15301(e)(2), because it mvolves an addItIOn to an existmg use which does not exceed 10,000 square feet in an area where all pubhc services and faclhl1es are available and the project area is not in an environmentally senSitive area, pursuant to ~ 15305 (Minor Alterations m Land Use limitatIOns), because the proposal involves a mmor alteration in land use hmitation and does not involve either a property m excess of 20% slope or a change m 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 slgmficant effect on the environment Section 3 A duly noticed public hearing was held before the Planmng Commission on June 17, 1998, to conSider the application for CUP 98-9 At the public heanng the applicant spoke in favor of the request, with persons appearing both in favor of and m opposition to the request Section 4 The record of the hearing of June 17, 1998 mdicates the followmg (a) On Apnl I, 1998, John K Pertulla filed an apphcation on behalf of RIchard King (the "Apphcant") with the Department of Development Services for Conditional Use Permit 98-9 (b) SpeCIfically, the apphcant IS proposmg to perform a major addll1on/remodel to a nonconformmg smgle family dwelling located at 1110 Electric Avenue, Seal Beach The property is nonconforming due to madequate rear yard setback of an eXlstmg detached garage The proposal mcludes the addition of 239 75 square feet to the first floor, mcluding the enclosure of the eXisting porch, and 10486 square feet to the second floor, not includmg a 9'3" by 24'9" balcony (c) The subject property, Orange County Assessor's parcel number 199-073-9 is located in the Residential High Density zone (RHO), is an Irregular parcel havmg 49 03 feet of frontage on Electric Avenue immediately east of the alley, bemg 47 02 feet in width, and varymg C \My ))ocument..\RESO\CllIl 98-9 I'CR I)()("iLW\OG-09-98 ('ond,tlorlal Us-e J)'-",IIt 98-9 }J/armmg CommnuoII Res-olutloll No 98-.il;;l JlIlIe 17, 1998 from 57 36 feet in depth on the south side to 71 19 feet in depth on the north side The property is 3,022 square feet in area and contains a single family dwelling with an attached garage (d) The subject property is legally nonconforming due a detached garage located at the rear of the property which provIdes an inadequate rear yard setback (e) The surrounding land uses and zomng are as follows NORTH Across Electric Avenue is the Electnc Avenue Greenbelt, In the Public Land UselRecreatlon (PLU/R) Zone SOUTH, EAST & WEST Single-family and multiple family dwellings located In the ReSidentIal HIgh-Density zone, (RHO) (f) The CIty has received one wntten comment In response to the mailed/published notIces of the heanng on ConditIonal Use Permit 98-9 Section 5 Based upon the facts contained in the record, includmg those stated in ~4 of this resolutIon and pursuant to ~~ 28-800, 28-2407 A 3 , 28-2503 and 28-2504 of the CIty's Code, the Planning Commission makes the following findings (a) Conditional Use Permit 98-9 is consIstent wIth the provisions of the Land Use Element of the City's General Plan, which proVides a "ReSidential HIgh-Density" deSignation for the subject property and permits major additions and remodels to eXlstmg non-conforming residential structures subject to the Issuance of a conditIonal use permit The use IS also consistent with the remaining elements of the General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element Accordingly, the proposed use, as conditioned, IS consistent with the General Plan (b) The style, height and bulk of the remodeled existing structure are consistent with surrounding residential uses (c) The building and property at I] 10 Electric 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 buildmg and fire codes Will ensure there Will be adequate water supply and utilities for the proposed use (e) The proposed major addition is in keeping with the requirements of Section 28-2407 A 3 of the Code of the CltV of Seal Beach Section 6 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 98-9, subject to the following conditions I Conditional Use Permit 98-9 is approved for a major addition/remodel to a nonconforming smgle family residence located at 1110 Electnc Avenue, Seal Beach The proposal mcludes the addition of240 square feet to the first floor and 1050 square feet to the second floor, with a 230 square foot second-story balcony, and a 240 square foot roof deck 2 The existing garage area shall remalll free and clear of obstruction, with no appliances or storage uses being located within the garage area 3 All construction shall be In compliance with the reqUirements of the Umfonn Buildmg Code and Uniform FIre Code The existmg garage shall be brought into compliance with prOVIsIons of the Uniform BUilding and Fire Codes 4 All construction shall be In substantial compliance with the plans approved through CUP 98-9 2 CUP 98.9 PCR DOC ('ollci"lOIIal C/w I'elnlll 98-9 PIc",II",/{ ('ommn.uoII Remllllloll /Vo 98-.0l. III"e /7, /998 5 Building permits shall not be issued until sewer relocation permits have been Issued for the relocation of the sewer line for 211 Twelfth Street to a location acceptable to the City of Seal Beach Engineenng Department 6 The existing sewer lateral servicing 211 12'h Street shall be relocated off the property at 1110 Electric Avenue and be connected to the city's sewer system The city shall be consulted to determine the locatIon of the connectIOn All city fees assocIated with the relocation of the sewer lateral shall be paid for by the propelty owner 7 All repairs in the public right-of-way associated with the sewer line relocal1on shall be paid for by the property owner Repairs shall be "In-kind" or original condition, including, but not limited to, concrete alley, asphalt street, and concrete sidewalks All cIty fees assocIated with the right-of way repairs shall be paid by property owner 8 This Conditional Use Permit shall not become effecl1ve for any purpose unless an "Acceptance of Conditions" form has been signed by the apphcant in the presence of the Director of Development Services, or notanzed and returned to the Planning Department, and unl1l 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 I T t\o\ day of C\u.J\~ , 1998, by the followmg vote AYES Commissioners l:t-o~d,.l ox' oS ...., '" L n I, , I I R'/"l"\I''\r") CL.Tu\,'. , NOES Commissioners ~ ABSENT Commissioners l . Bn~";~ Chairman of the Planmng Commission 3 CUP 98-9 PCR DOC