HomeMy WebLinkAboutPC Res 98-18 - 1998-06-03
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RESOLUTION NUMBER 98-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CONDITIONAL USE
PERMIT NO 98-11, PERMITTING A MAJOR ADDITION TO AN
EXISTING NON-CONFORMING SINGLE-FAMILY DWELLING
LOCATED AT 213 AND 213 'h 71lo STREET
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE'
Section 1. On April 1 5, 1998, Sherry Mokhatarian (the "Applicant"), filed an
application with the Department of Development Services for Conditional Use Pennit 98-11 and
Height Variation 98-4
Specifically, the applicant requested to add a second floor to the front unit of a duplex
located at 213 and 213 'h 7th Street, Seal Beach The addition is in conjunction with the
construction of a covered roof access structure (CRAS) on top ofthe proposed second story
The plan varies from density requirements and legally permitted tandem parking
The proposed project includes the addition ofa new second floor (817 square foot) and
an interior remodel of the existing first floor.
Additionally, through Height Variation 98-4, the applicant is seeking to construct a
covered roof access structure (CRAS) in excess of the 25 foot height limit Specifically, the
proposed structure would exceed the height limit by approximately 6 5 feet
Section 2. Pursuant to 14 Calif Code of Regs 0 15025(a) and 0 II B of the
City's Local CEQA GUidelines, staffhas determined as follows: The application for Conditional
Use Permit No 98-11 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 an addition to an existing use which does not exceed 10,000 square feet 10 an area
where all public services and facilities are available and the project area is not in an
environmentally sensitive area, and pursuant to ~ 1 5061 (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 June 3, 1998 to consider the application for Conditional Use Permit No 98-11 At
the hearing the applicant spoke in favor of the request with no one speaking in opposition
Section 4
The record of the hearing on June 3, 1998 mdlcates the following
(a) On April 15, 1998, Sherry Mokhtarian (the "Applicant"), filed an
application with the Department of Development Services for Conditional Use Permit 98-11 and
D 'My DocumenlsICondrtlOnal Use Permlls\98-11 Resolullon doc
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PlanmngtmmlsslOn ResolutIOn No 98-18
June 3, 1998
Height Variation 98-4.
(b) The applicants are requesting to vary from lot density and height
requirements in conjunction with a major addition to a nonconforming duplex located at 213 and
213 'h 7th Street, Seal Beach Specifically, the applicant is proposing to add a second floor to the
front unit and construct a covered roof access structure (CRAS) on top of this second floor
(c) The proposed project includes the addition ofa new second floor
(817 square foot) and an interior remodel of the existing first floor. Additionally, the applicant is
seeking to construct a covered roof access structure (CRAS) in excess of the 25 foot height limit
Specifically, the proposed structure would exceed the height limit by approximately 6 5 feet
(d) The subject property, Orange County Assessor's parcel number
199-051-22, is located the Old Town area on the westerly side of 7th Steet. The property IS nearly
rectangular in shape with the following dimensions 25 0' x 117' (2,937 5 square feet)
(e) The subject property has approximately 25 feet of frontage on 7th
Street
(t) The subject property is legally nonconforming due to inadequate
density Specifically, the Code requires that the Lot Area Per Dwelling Unit in District 1 is a
minimum of2178 square feet. The lot area of the subject property is 2937.5 square feet, and
would require 4,356 square feet for two legal, conforming units
(g) City has received comments, per one written letter, in response to
the mailed/published notices of the hearing on CUP 98-11 and HV 98-4.
Section 5. Based upon the facts contained in the record, including those stated in
04 of this resolution and pursuant to O~ 28-2503 through 28-2504 of the City's Code, the
Planning Commission hereby finds as follows'
(a) Conditional Use Permit 98-11 is consistent with the prOVIsions of
the Land Use Element of the City's General Plan, which provides a "high density residential"
designation for the subject property and permits single family residential uses and additions to
same. The use is also consistent with the remaining elements of the City's General Plan as the
policies of those elements are consistent with, and reflected in, the Land Use Element
Accordingly, the proposed use is consistent with the General Plan
(b) The building and property at 213 and 213 'h 7th Street are adequate
in size, shape, topography and location to meet the needs of the proposed use of the property
(c) Required adherence to applicable building and fire codes ensures
there will be adequate water supply and utilities for the proposed use.
(d) The proposed major addition is in keeping with the reqUirements of
Section 28-2407 A 3 of The Code of the City of Seal Beach.
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PlanmngtmmlSSlOn Re~olutlOn No 98-18
June 3, 1998
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Section 6 Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit No 98-11 subject to the following conditions
1. Conditional Use Permit 98-11 is approved for a major addition/remodel to a nonconforming
duplex located at 213 and 213 Y.z 7th Street, Seal Beach
2 All construction shall be in compliance with the requirements of the Uniform Building Code
and Uniform Fire Code.
3. All additions shall comply with the minimum yard requirements.
4. The applicant shall record a covenant on the Title of the property, in a form acceptable to the
City Attorney, indicating the property consists of a duplex.
5 All construction shall be in substantial compliance with the plans approved through CUP 98-
11.
6. The applicant shall remain bound by all conditions of approval ofHV 98-4
7 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, and 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 3rd day ofJune1998 by the following vote
AYES. Commissioners
Larson, Hood, Law, Brown
NOES: Commissioners
ABSTAIN. Commissioners
an M Brown,
hairman, Planning Commission
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e WhiUef1berg
Secretary, Planning Commission
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