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Home My WebLink AboutPC Res 01-11 - 2001-04-04 RESOLUTION NUMBER 01-11 A RESOLUTlON OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 01-3, AUTHORIZING AN ADDITION TO A LEGAL NON-CONFORMING STRUCTURE AT 227 10TH ST. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On February 28,2001, Chris and Diana Linskey (thc "Applicant") filed an application with thc Department of Development Services for Conditional Use Pennit 01-3. Specifically, the applicant is proposing to add approximately 1131 square feet to a legal non-confonning single family house at 227 IOU, St. The applicant also wishes to add an approximately 441 square foot garage on the rear ofthc propcrty. Section 2. Pursuant to 14 Calif. Code of Regs. * 15025(a) and ~ Il.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Conditional Use Permit No. 01-3 is categorically exempt from review pursuant to the California Enviromnental 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 exceed 10,000 square feet in an area where all public services and facilities are availablc and the project area is not in an environmentally sensitive area; 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 cxccss of 20% slope or a change in land use or density; and, finally, pursuant to ~ 15061(b)(3), because it can be seen with ccrtainty 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 April 4, 2001, to consider the application for CUP 01-3. At the public hearing the applicant spoke in favor of the request, with pcrsons appearing both in favor of and in opposition to the request. Section 4. The record ofthe hearing of April 4, 2001 indicates the following: (a) On Fcbruary 28,2001, Chris and Diana Linskey (the "Applicant") filed an application with the Department of Dcvclopmcnt Services for Conditional Use Permit 01-3. (b) Specifically, the applicant is proposing to add approximately 1131 square feet to a legal, non-conforming structure at 227 10th St., plus an additional approximatcly 441 square foot garage. (c) The subject propel1y, Orange County Assessor's parcel number 199-043- 01 is located in the Residential High Density zone (RHD), is an irregular parcel having 122.47 feet of frontage on Electric A venue, and varying from 44.53 fcct in width on the south side to 79.06 feet in depth on the north side. The propcrty is 7,261 square feet in area and contains a single family dwelling. (d) The subject property is legally nonconforming duc to a side yard setback on Electric and parking. (e) The surrounding land uses and zoning are as follows: NORTH Across Electric Avenue is the Electric Avcnuc Greenbelt. COl/dlllonal Use Penmt 01-4 Plallllll/g CO/JI/JI1SSIOII Resollllloll No 01-/4 April 4. 2001 in the Public Land UselRecreation (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 10 response to the mailed/published notices of the hearing on Conditional Use Permit 01-3. Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~ 28-2407, ~~ 28-2503-2504 of the City's Codc, the Planning Commission makes the following findings: . CUP No. 01-3 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential High Density" designation for the subject property. The use is also consistent with the remaining elements ofthe City's General Plan as the policies ofthosc clements are consistent with, and reOected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. . The building and property at 227 10lh St. arc adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Section 6. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 01-3, subject to the following eonditions: 1. CUP # 01-3 is approved for the addition of approximately 1131 square feet ofliving space to the main structure at 227 10th St., plus an approximately 441 square foot garage. 2. All construction shall be in substantial complianee with the plans submitted for Conditional Use Pennit 01-2 & 01-3. Specifically, in addition to the proposed square footagc addition, the applicant will provide a detached 2 car garage on the rear of the properly. 3. This Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" fonn has been signed by the applieant in the prcscnce 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 4- '!l:t- day of 4:P /2./ L- , 200 I, by thc following vote: AYES: Commissioners Hood, Brown, Sharp, Ladner NOES: Commissioners Cutuli ABSENT: Commissioners (L /l L1 David Hood, Ph.D. Chainnan of the Planning Commission I c Whittenberg Secretary ofthe Planning Commission 2 CUP 01-3 Rc.olullUD - 227 10lh sl. - addItion