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Home My WebLink AboutPC Res 01-14 - 2001-04-04 RESOLUTION NUMBER 01-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 01-4, APPROVING A MAJOR ADDITION/REMODEL TO AN EXISTING SINGLE FAMILY DWELLING AT 1110 ELECTRIC AVENUE (KING) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On March 13,2001, John K. Pertulla tiled an application on behalf of Richard King (the "Applicant") with the Department of Development Services for Conditional Use Pennit 01-4. Spccifically, the applicant is proposing to perform a major addition/remodel to a nonconforming single family dwelling located at 1110 Electric Avenue, Seal Beach. The property is nonconforming due to inadequate rear yard setback of an existing garage and parking. The proposal includes the addition of approximately 995 square fcet to thc existing single family house. Scction 2. Pursuant to 14 Calif: Code of Regs. ~ 15025(a) and ~ H.B of the City's Local CEQA Guidelines, stafJhas determined as follows: The application for Conditional Use Permit No. 01-4 is categOlically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15301 (Existing Facilities), because the proposal involves a negligible expansion of an existing use: pursuant to ~ 15301(e)(2), because it involves an addition to an existing use which does not excecd 10,000 square feet in an arca where all public services and facilities are available and the project area is not in an environmentally scnsitive arca; pursuant to ~ 15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in 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 S 15061(b)(3), because it can be seen with celiainty that there is no possibility that thc approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held before the Planning Commission on April 4, 2001, to consider the application for CUP 01-4. At the public hearing the applicant spoke in favor of the request, with persons appearing both in favor of and in opposition to the request. Section 4. The record of the hearing of April 4, 2001 indicates the following: (a) On March 13, 2001, John K. Pel1ulla tiled an application on behalf of Richard King (the "Applicant") with the Department of Development Services for Conditional Use Pennit 98-9. (b) Specifically, the applicant is proposing to perfonn a major addition/remodel to a nonconforming single family dwelling located at 1110 Electric Avenue, Seal Beach. The property is nonconforming due to inadequate rear yard setback of an existing detached garage and parking. The proposal includes the addition of approximately 995 square feet. (c) The subject property, Orange County Assessor's parcel number 199-073-9 is located in the Residential High Density zone (RHD), is an irregular parcel having 49.03 feet of frontage on Electric Avenue immediately east of the alley, being 47.02 feet in width, and varying from 57.36 feet in depth on the south side to 71.19 feet in depth on the north side. The property is 3,022 square feet in area and contains a s1Og1e family dwelling with an attached garage. Conditional Use Pellnlt 01-4 Plamung Conllllls.ioll Re.\OIl/tlOll No 01-14 April 4, 2001 (d) The subject property is legally nonconforming due a garage located at the rear of the property which provides an inadequate rear yard setback and parking. (e) The surrounding land uses and zoning are as follows: NORTH Aeross Electric Avenue is the Electric Avenue Greenbelt, in the Public Lund Use/Recreation (PLU/R) Zone. SOUTH, EAST & WEST Single-family and multiple family dwellings located in the Residential High-Density zone, (RHD). (1) The City has received one written comment III response to the mailed/published notices of the hearing on Conditional Use Permit 01-4. Section 5. Based upon the facts contained in the record, including those statcd in ~4 of this resolution and pursuant to 99 28-800, 28-2407.A.3., 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings: (a) Conditional Use Permit 01-4 is consistent with thc provisions of the Land Use Element of the City's General Plan, which provides a "Residential High-Density" designation for the subjcct propcrty and permits major additions and remodels to existing non-conforming residential structures subject to the issuance of a conditional use pennit. The use is also consistent with the remaining elements of the General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Aceordingly, the proposed use, as conditioned, is consistent with the General Plan. (b) The style, height and bulk of the remodeled existing structure are consistent with surrounding residential uses. (c) The building and property at 1110 Electric Avenuc arc adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (d) Rcquired adherence to applicable building and fIre codes will ensure there will be adequate water supply and utilities for the proposed use. (e) The proposed major addition is in keeping with the requirements of Section 28-2407.A.3 of the Code ofthe City of Seal Beach. Scetion 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Pennit 01-4, subjcct to the following conditions: 1. Conditional Use Permit 01-4 is approved for a major addition/remodcl to a nonconforming single family residence located at 1110 Electric A venue, Seal Beach. The proposal includes the addition of approximatcly 995 square feet. 2. The existing garage area shall remain free and clear of obstruction, with no appliances or storagc uses being located within the garage area. 3. All construction shall be in compliance with the requirements of the Unifonn Building Code and Unifonn Fire Code. The existing garage shall be brought into compliance with provIsions ofthe Unifonn Building and Fire Codes. 4. All eonstruction shall be in substantial compliance with the plans approved through CUP 01- 4. 2 CUP 01-4 RL'!lo)ulllln 1110 Elcclnc . Condltiollal Use Permit 01-4 Plalllllllg COlIl/lllSSlOn ResollltlOll No 01-/4 Aprel4. 200 I 5. Building pcnnits shall not be issued until sewer relocation permits have been issued for the relocation of the sewer line for 211 Twelfth Street to a location acceptable to the City of Seal Beach Engineering Department. 6. The existing sewer lateral servicing 211 12th Street shall be rc\ocatcd within an acceptable easement area on the property at 1110 Electric Avenue and be connected to the city's sewer system. The city shall be consulted to determine the location of the conncction. All city fees associated with the relocation of the sewer lateral shall be paid for by the propcrty owner. 7. All repairs in the public right-of-way associated with the sewer line relocation shall be paid for by the property owner. Repairs shall be "in-kind" or original condition, including, but not limited to; concrete alley, asphalt street, and concrctc sidewalks. All city fees associated with the right-of way repairs shall be paid by property owner. 8. This Conditional Use Permit shall not become effectivc for any purpose unless an "Acceptance of Conditions" fonn has been signed by the applicant in thc presence of the Director of Development Services, or notari.led and returned to the Planning Department, and until the ten (10) day appeal peliod has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of thc City of Seal Beach at a meeting thereof held on the 4th day of April, 2001, by thc following vote: AYES: Commissioners Hood, Cutuli, Brown, Sharp, Ladner NOES: Commissioners ABSENT: Commissioners David Hood, Ph.D. Chainnan ofthe Planning 3 CUP 01-4 Rco;ululiolllllO Eleclllc