HomeMy WebLinkAboutPC Res 98-04 - 1998-03-18
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RESOLUTION NUMBER 98-4
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CONDITIONAL USE
PERMIT NO 98-1, PERMITTING A MAJOR REMODEU
ADDITION TO A NONCONFORMING MIXED USE BUILDING
LOCATED AT 116 MAIN STREET, SEAL BEACH
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 behalf of Bob and Jackie Wood (the "Applicants") with the Department of
Development Services for Yariance 98-1 and Conditional Use Permit 98-1
The applicants are requesting to vary from the maximum height limit in conjunction with the
remodel and exterior renovation of a mixed use (commercial/residential) building located at 116
Main Street, Seal Beach Specifically, the applicant is proposing major exterior rehab, enclosure
of the front stairs, new balconies at the 2nd, 3n1 and 4th floor levels, interior modification of the of
the 4th floor unit, addition of a car lift and second level storage within an existing tandem garage,
and the addition ofa new 194 square foot green house at the 3n1 floor level adjacent at the rear of
the property.
The existing 4th floor roofis approximately 2 feet lower in the middle of the structure than it is on
the westerly end The applicant is seeking to raise the lower portion to match the remainder of
the roof
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 Conditional
Use Permit No. 98-1 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 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 publie hearing was held before the Planning
Commission on March 4, 1998 to consider the application for Conditional Use Permit No 98-1
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
application on behalf of Bob and Jackie Wood (the "Applicants") with the Department of
Development Services for Conditional Use Permit 98-1.
(b) The request is to vary from the maximum height limit in
conjunction with the remodel and exterior renovation of a mixed use (commercial/residential)
building located at 116 Main Street, Seal Beach Specifically, the applicant is proposing major
exterior rehab, enclosure of the front stairs, new balconies at the 3n1 and 4th floor levels, interior
modification of the of the 4th floor unit, addition ofa car lift and second level storage within an
existing tandem garage, and the addition ofa new 194 square foot green house at the 3n1 floor
level adjacent at the rear of the property
(c) The existing 4th floor roofis approximately 2 feet lower in the
middle of the structure than it is on the westerly end The applicant is seeking to raise the lower
portion to match the remainder of the roof.
(d) The subject property, Orange County Assessor's parcel numbers
199-044-23, is located in the Main Street Specifie Plan zone. The property comprises three (3)
O.\My Oocuments\C.ndrtlO/1lll Use Permds\96-1 R....ut..n doc
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Planning CommIssIon Resolution No 98-4
March 18, 1998
separate 25' x 117.5' properties (8,813 square feet overall).
(e) The property contains two separate buildings as follows:
t/ A four-story mixed use structure The first floor provides 2,270 square feet of retail and
office uses. The second and third floors each contain 2,291 square feet of residential uses
consisting offour (4) studio apartments. The fourth floor contains a single apartment of
2,716 square feet This structure also has a total of nine (9) garage spaces (1 space is
tandem).
t/ A one story commercial structure (approximately 750 square feet). This structure houses
a cleaners business and provides a total of three (3) garage parking spaces
(f) The subject property is legally nonconforming due to the residential
uses which are not currently permitted in the Main Street Specific Plan zone, height (40' - 2"
existing, 30' permitted), inadequate on-site parking (27 required, 12 garage spaces provided (1
tandem)), and inadequate rear yard setback (7' - 3" provided, 9' required)
(g)
The surrounding land uses and zoning are as follows
North, South
& West
East
A mixture of retail and office commercial uses located within the
Main Street Specific Plan zone
A mixture of single family and multi-family residential uses in the
Residential High Density zone.
(h) City has received no comments, written or other, in response to the
mailed/published notices of the hearing on CUP 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) The granting of CUP 98-1 is consistent with the provisions of the
General Plan which indicate the subject property is to be used for service commercial purposes
(including pre-existing nonconforming uses).
(b) The building and property at 116 Main 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 194 square foot green house is not a habitable
structure and not integrated into the remainder of the structure.
(e) The proposed interior remodel, exterior renovation, greenhouse and
garage additions are in keeping with the requirements of Section 28-2407 A 2.h 2 and Section 28-
2407 A2 j ofThe Code of the City of Seal Beach.
(f) The proposed greenhouse qualifies as an "other minor structural
alteration and improvement" as permitted through Section 28-2407 A 2 j of the Code.
Section 6 Based upon the foregoing, the Planning Commission hereby approves
Conditional Use Permit No. 98-1 subject tot he following conditions
1. Conditional Use Permit 98-1 is approved for a major addition/remodel to a nonconforming
mixed use structure located at 116 Main Street, Seal Beach. The approved project includes a
major exterior rehab, enclosure of the front stairs, new balconies at the 3n1 and 4th floor levels,
interior modification of the of the 4th floor unit, addition ofa car lift and second level storage
within an existing tandem garage, and the addition of a new 194 square foot green house at
the 3n1 floor level adjacent at the rear of the property.
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Planmng CommIssIon ResolutIon No. 98-4
March 18, /998
2. The proposed greenhouse shall only be used as a horticultural greenhouse, and shall not be
used for any habitable purposes such as an office or for entertaining.
3. The top of the greenhouse may not exceed 30 feet in height above the finished grade level
4 No part of the structure (such as eaves, overhangs and balconies) may intrude upon the public
right-of-way unless an encroachment agreement is approved by the City.
5 The tandem garage spaces shall only be used for the short-term parking oflicensed passenger
vehicles for persons residing on the premises.
6. All construction shall be in compliance with the requirements of the Uniform Building Code
and Uniform Fire Code.
7. All construction shall be in substantial compliance with the plans approved through CUP 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, 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 18110 day of March 1998 by the following vote
AYES Commissioners
(6~oll'\n U~..+. ) ~I' ~ LAaSc,1IJ
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NOES Commissioners
ABSTAIN: Commissioners _
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Planning Commission
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