The URL can be used to link to this page

Home My WebLink AboutPC Res 98-06 - 1998-03-18 , 'l .' RESOLUTION NUMBER 98-6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 98-2, PERMITTING A MAJOR ADDITION TO AN EXISTING NON-CONFORMING SINGLE-FAMILY DWELLING LOCATED AT 250 OCEAN AVENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On December 31, 1997, Brent A Sears, Architect filed an application on behalfofJames and Judy Watson (the "Applicants") with the Department of Development Services for Conditional Use Permit 98-2, Variance 98-2 and Height Yariation 98- 1. Specifically, the applicant requested to vary from the side yard setback requirements in conjunction with a major addition to a nonconforming single family residence located at 250 Ocean Avenue Seal Beach Specifically, the applicant is proposing to maintain the existing substandard first floor side yard setback for a proposed second floor addition The proposed project includes the addition of a new second floor (2,755 square foot) and an interior remodel of the existing first floor and basement levels which would include a 251 square foot addition to the first floor. Additionally, through Height Yariation 98-1, 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 4 5 feet 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. 98-2 is categorically exempt from review pursuant to the Califorma 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 in an area where all public services and facilities are available and the project area is not in an environmentally sensitive area; and 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 4, 1998 to consider the application for Conditional Use Permit No. 98-2 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 March 4, 1998 indicates the following (a) On December 31, 1997, Brent A Sears, Architect filed an applieation on behalf of James and Judy Watson (the "Applicants") with the Department of Developmen~ Services for Conditional Use Permit 98-2, Variance 98-2 and Height Yariation 98- 1 (b) The applicants are requesting to vary from the side yard setback requirements in conjunction with a major addition to a nonconforming single family residence loeated at 250 Ocean Avenue Seal Beach. Specifically, the applicant is proposing to maintain the existing substandard first floor side yard setback for a proposed second floor addition The proposed project includes the addition ofa new second floor (2,755 square foot) and an interior remodel of the existing first floor and basement levels which would include a 251 square foot addition to the first floor. e 'My Documents\98-2RE-l Doe , I Planmng CommISSIon ResolutIOn No. 98.6 March 18, 1998 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 4.5 feet. (c) The subject property, Orange County Assessor's parcel number 199-112-6, is located along the Gold Coast area on the southerly side of Ocean Avenue The property is nearly rectangular in shape with the following dimensions 49 97' x 196' (9,800 square feet) (d) The subject property has approximately 50 feet of frontage on Ocean Avenue. (e) The subject property is legally nonconforming due to inadequate side yard setback on both the easterly and westerly sides of the property Specifically, the Code requires a 15% setback (7.5') along a side street and a 10% setback (5') on an interior side. The property provides a 2'-6" setback along the 3n1 Street stub and a 3' to 4' setback on the interior side. (f) The easterly side the subject property abuts a portion onnl Street (25 feet in width) which is closed and used only for pedestrian and emergency vehicle access to and from the beach. (g) The surrounding land use and zoning are as follows North Across Ocean Avenue is a mixture of single family and multi- family residential uses in the Residential High Density zone. South The beach and Pacific Ocean in the Public Land Use / Recreation zone East & West Single family residences in the Residential Low Density zone (h) City has received no comments, written or other, in response to the mailed/published notices of the hearing on CUP 98-2Nariance 98-2 and HV 98-1 Section 5 Based upon the facts contained in the record, including those stated in ~ 4 of this resolution and pursuant to ~~ 28-2503 through 28-2504 of the City's Code, the Planning Commission hereby finds as follows' (a) Conditional Use Permit 98-2 is consistent with the provisions of the Land Use Element of the City's General Plan, whieh provides a "low 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 250 Ocean Avenue 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 Citv of Seal Beach. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit No. 98-2 subject to the following conditions 1. Conditional Use Permit 98-2 is approved for a major addition/remodel to a nonconforming single family dwelling located at 250 Ocean Avenue, Seal Beach. 98-2RE-l Doe Bec be Page 2 1 -r . Planning CommIssIOn Resolution No 98-6 March 18, 1998 hearing which indicate an integrated interior staircase providing access to the second floor exercise room 4. All additions shall comply with the minimum yard requirements, except as permitted through Yariance 98-2. 5. 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 single family dwelling with two (2) wet bars, one in the basement and one in the exercise room ofthe second floor 6 All construction shall be in substantial compliance with the plans approved through CUP 98-2. 7. The applicant shall remain bound by all conditions of approval ofYariance 98-2 and HV 98-1. 8. 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 B~ouol"'\.J "os~ Hcn<'\ I L~RSCJl)) LA1U NOES: Commissioners - ABSTAIN: Commissioners - ee Whittenberg, Secretary Planning Commission 98-2 Resolution Bee be Page 3