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HomeMy WebLinkAboutPC Res 01-31 - 2001-08-08 RESOLUTION NUMBER 01-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACl-I APPROVING CUP NO. 01-7, PERMITTING AN MAJOR ADDITION TO A NONCONFORMING SINGLE FAMILY DWELLING LOCATED AT 320 CENTRAL AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On June 13,2001, I3rent Sears, Architect submitted an application on behalf of Dun Mundy (the "Applicant") with the Department of Development Services for Conditional Use Permit 01-7. The applicant is proposing to perform a major addition/remodel to a noneonforming single family dwelling locatcd at 320 Central Avenue. The property is nonconforming due to inadequatc side and rear yard sctbacks of an existing detached garage. The proposal includes the addition of 187.75 square feet on the ground floor for a new dining room, and a second story addition of 1,307.5 square feet, to include three bedrooms, 2 bathrooms, and a laundry area. Section 2. Pursuant to 14 Calif. Codc of Regs. ~ 15025(a) and ~ II.B of the City's Local CEQA Guidelines, statThas determined as follows: The applieation for CUP 01-7 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif: Code of Regs. ~ 1530 1 (e)(2) (Existing Facilities), because it involves an addition of less than 10.000 square feet to an existing use located in an area where all public services are available to allow for maximum development permissible in the General Plan, and; pursuant to ~ 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a signilicant effect on the environment. Section 3. A duly noticed public hearing was held bcforc the Planning Commission on July 18, 2001 and continued to August 9,2001 to consider the application for CUP No. 01-7. At the publie hearing the applicant spoke in favor of the request with one person speaking in opposition. Section 4. indicate the following: The record of the hearing on July 18,2001 and August 8, 2001 (a) On June 13.2001, Brent Sears, Architect submitted an application on behalf of Dan Mundy (the "Applicant") with the Department of Development Services for Conditional Use Penllit 01-7. (b) The applicant is proposing to perform a major addition/remodel to a noncontorming single family dwelling located at 320 Central Avenue. The property is nonconforming due to inadequate side and rear yard setbacks of an existing detached garage. (c) The proposal includes the addition of 187.75 square feet on the ground t100r tor a new dining room, and a second story addition of 1,307.5 square feet, to include three bedrooms, 2 bathrooms, and a laundry area. (d) The subject property, Orange County Assessor's parcel number 199-143-10, is located in the Residentiall-ligh Dcnsity zone (RI-ID), on a 25' x 100' lot (2,500 sq. n.). The property contains a single family dwelIing. (e) The subject property is legally nonconforming due a detached garage located at the rear of the property which rrovides inadequate side and rear setbacks as well as an inadequate side yard setback along 411 Street for the existing dwelling. (f) The subject property is sUlTolmded by a mixture of single and multi-tinnily residences in the Residential High Density zone (RJ-ID). (g) City has received no comments in response to the mailed/published Planning CommissIOn Resolution No. 01-31 August 8,2001 notices of the hearing on CUP 01-7. Section 5. Based upon the facts eontained in the record, including those stated in S 4 of this resolution, and pursuant to ~~ 28-2407, 28-2503 and 28-2504 ofthe City's Codc, the Planning Commission hereby finds as follows: (a) The granting of CUP 01-7 is consistent with the provisions of the General Plan which indicate the subject propcrty is to be used for high density residential purposes, whieh includes legally nonconforming single family residences. (b) The building and property at 320 Central Avenue are adequate in size, shape, topography and location to meet the needs ofthe proposed use of the property. (c) Required adherence to applicable building and fire codcs cnsures thcrc will be adequate water supply and utilities for the proposed use. (d) The proposed addilion 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 01-7, subject to the following conditions: 1. Conditional Use Permit 01-7 is approvcd for a major addition/remodel to a nonconforming single family dwelling located at 320 Central Avenue. The approval includes the addition of 187.75 square feet on the ground 1100r for a new dining room, and a second story addition of 1,307.5 square fcct, to include three bedrooms, 2 bathrooms, and a laundry area. 2. All construction shall be in compliance with the requirements of the Uniform Building Code and Uniform Firc Code. 3. All construction shall be in substantial compliance with the plans approved through CUP 01- 7. 4. This Conditional Use Permit shall not become effcetive tor any purpose unless an "Acccptanee of Conditions" form has been signed by the applicant in the presence of the Dircctor of Development Services, or notarized and rcturned to the Plamling Department; until the ten (10) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission o[the City ofScal Beach at a meeting thcreof held un the 8th day of August, 2001 by the fullowing vote: AYES: Commissioners Hood, Cutuli, Brown, Ladner, Sharp NOES: Commissioners ABSTAIN: Commissioners tel '/J ~ David Hood, Ph.D., C airman Planning Commissicf e Whittenberg, Secretary lanning Commission Page 2