HomeMy WebLinkAboutPC Res 99-41 - 1999-11-03
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RESOLUTION NO 99-41
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVINGCONDITIONAL USE
PERMIT 99-II,TO CONSTRUCT A NEW HOUSE IN
CONJUNCTION WITH A LEGAL NON-CONFORMING
GARAGE AT 1001 ELECTRIC A VENUE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE.
Section I On October 13th, 1999, Doug West ("The Apphcant") submitted an
application for Conditional Use Permit 99-11 with the Department of Development Services The
applicant sought to construct a new residence at a nonconforming single-family building located at
1 00 1 Electric, Seal Beach The subject property is nonconforming due to the side yard setback on
the 10th St side of the garage
Section 2 Pursuant to 14 Calif. Code of Regs ~ l5025(a) and ~ II A of the
City's Local CEQA Guidelines, staff has determined as follows The application for Conditional
Use Permit 99-11 is categorically exempt from review pursuant to the Califorrua Environmental
Quality Act pursuant to 14 Calif. Code of Regs ~ 15301(e) (EXisting Facilities), because it
involves an addition to an existing residential structure which increases the floor area by less than
50% and is less than 2,500 square feet in area; and, pursuant to ~ 15061(b)(3), because it can be
seen with certainty that there is no POSSlblhty that the approval may have a significant effect on
the environment
Section 3. A duly noticed hearing was held before the Planning Commission
on November 3, 1999 to consider Conditional Use Permit 99-11
Section 4
The record of the heanng indicates the following
(a) On October 13, 1999, Doug West submitted an application for
Conditional Use Permit 99-11
(b) Specifically, the apphcant is seeking to construct a new residence at
a nonconforming single-family building located at 1001 Electric Avenue, Seal Beach The
subject property is nonconforming due to an mad equate Side yard setback to an existing legal non-
conforming garage on the 100. St Side
(c) The subject property is legally described as Orange County
Assessor's Parcel Number 042-122-13 and is located in the Residential High Density zone of Old
Town
(d) The subject property is shaped m the form ofa parallelogram with a
lot area of2,750 square feet
(e) The surroundmg land uses are as follows
NORTH ReSidential Housing located in a Residential High Density Zone (RHO) and
the Zoeter Field located in a Public Land Use / Recreation Zone (pLU/R).
WEST Residential Housing located in the Residential High Density (RHO) zone
and commercial businesses located along Main St in the Mam St Specific Plan (MSSP)
EAST & SOUTH Residential Housing m a Residenl1al High Density (RHO) zone &
residential housing m a Residential Medium DenSity (RMD) zone
(f) Staff has received seyeralno I esponse, written or other to its mailed
notice regarding Conditional Use Permit 99-11
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Plallnlng COnlnlllSlOn Re.olutlOn No 99-4/
Section 5 Based upon the eyidence in the record, including the facts stated In
~ 4 of this resolution and pursuant to ~ 28-2407 of the City's Code, the Planning Commission
hereby finds as follows
(a) Conditional Use Permit 99-8 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- and multi-family residential uses 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) Conditional Use Permit 99-11 is consistent with the provisions of
section 28-2407 of the zomng code, which permits major expansions to existing legal non-
conforming buildings
(c) Section 28-2503 grants the Planning Commission the authority to
issue a conditional use permit, after public review, so as to make sure that the use is compatible
with surrounding uses and consistent with the General Plan This use IS consistent with the
General Plan, which provides for a High Density ReSldenl1al (RHO) within the City, at this
location The use is compatible In that most of the surrounding properties are currently high
density residential properties
(d) Section 28-2504 states that the proposed use must not be
"detrimental to the surrounding neighborhood" This use is compatible with all surrounding uses
and will most definitely not be detrimental to the neighborhood
Section 6 Based on the foregomg, the Planning Commission hereby approyes
Conditional Use Permit 99-11, subject to the following conditions
1. Conditional Use Permit 99-11 is approved for a major expansion and construction ofa new
single family residence at 1001 Electric Avenue in conjunction with an existing legal non-
conforming garage
2. All construction shall be in substantial compliance with the plans approved through
Conditional Use Permit 99-11
3 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 notanzed 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 301 Day of November, 1999, by the following vote.
AYES: Commissioners
Brown, Cutuli, Hood, Larson, and Lyon
NOES. Commissioners
ABSTAIN Commissioners
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David Hood, PhD, Cha(rman
Planning Commission
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