HomeMy WebLinkAboutPC Res 98-10 - 1998-03-18
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RESOLUTION NUMBER 98-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CUP NO. 98-5, ALLOWING
A MAJOR ADDITION TO A NONCONFORMING SINGLE-
FAMILY DWELLING AT 322 8TH STREET, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1 On February 19, 1998, Jose Fernandez (the "Applicant") filed an
application with the Department of Development Services for Conditional Use Permit 98-5
The applicant is proposin~ to perform a major addition/remodel to a nonconforming single family
dwelling loeated at 322 8 Street, Seal Beach The property is nonconforming due to inadequate
rear yard setback of an existing detached garage The proposal includes the addition of 835 square
feet to the first floor and 787 square feet to the second floor
Section 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and ~ II B of the
City's Local CEQA Guidelines, staffhas determined as follows' The application for CUP 98-5 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
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 of20% 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 March 18, 1998 to consider the application for CUP No 98-5 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 March 18, 1998 indicates the
following:
(a) On February 19, 1998, Jose Fernandez (the "Applicant") filed an
application with the Department of Development Services for Conditional Use Permit 98-5
(b) The applicant is proposing to perform a major addition/remodel to
a nonconforming single family dwelling located at 322 8th Street, Seal Beach The property is
nonconforming due to inadequate rear yard setback of an existing detached garage. The proposal
includes the addition of 835 square feet to the first floor and 787 square feet to the second floor
(c) The subject property, Orange County Assessor's parcel number
043-112-9, is located in the Residential High Density zone (RHO), on a 25' x 117.5' lot (2,940
sq. ft) The property contains a single family dwelling
(d) The subject property is legally nonconforming due to a detached
garage located at the rear of the property which provides an inadequate rear yard setback
(e)
The surrounding land use and zoning are as follows
North, South
& West
A mixture of single family and multi-family residential uses In the
Residential High Density zone
East
A mixture of retail and office commercial uses located within the
Main Street Specific Plan zone.
(f) City has received no comments, written or other, regarding the
mailed/published notices of the hearing on CUP 98-5
Section 5 Based upon the facts contained in the record, including those stated in
o WIy Documen\sICondlbonal Use Pennrts\93-5 Resolubon doc
,
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Planning CommIssIon Resolution No 98-10
March 18, 1998
~ 4 of this resolution, and pursuant to ~~ 28-801, 28-2407, 28-2503 and 28-2504 of the City's
Code, the Planning Commission hereby finds as follows
(a) Conditional Use Permit 98-5 is consistent with the provisions of the
Land Use Element of the City's General Plan which indicate the subject property is to be used for
high density residential purposes, which includes legally nonconforming single family residences
The use is also consistent with the remaining elements of the City's General Plan as the pohcies 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 322 8th 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 addition is in keeping with the requirements of
Section 28-2407(A)(3) of The Code of the City 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 98-5, subject to the following conditions
1 Conditional Use Permit 98-5 is approved for a major addition/remodel to a nonconforming
single family residence located at 322 8th Street, Seal Beach. The proposal includes the
addition of 835 square feet to the first floor and 787 square feet to the second floor
2. The plans shall be amended indicating the reloeation of the washer/dryer, water heater and
furnace out of the required 18' x 20' interior clear area of the garage.
3 All construction shall be in compliance with the requirements of the Uniform Building Code
and Uniform Fire Code
4 All construction shall be in substantIal compliance with the plans approved through CUP 98-5
5 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 18th day of March 1998 by the following vote
AYES' Commissioners
Brown, Hood, Larson, Law, Yost
NOES' Commissioners
ABSENT' Commissioners
~
Bri' . Brown, M D ,Ch .
Planning Commission
98-5 ResoIubon Bee be
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