HomeMy WebLinkAboutPC Res 01-10 - 2001-04-04
RESOLUTION NUMBER 01-10
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY, OF SEAL BEACH APPROVING CUP
NO. 01-2, AUTHORIZING THE DEMPOLlTlON AND
REBUILD OF A "LOCALLY RECOGNIZED
HISTORIC STRUCTURE AT 227 10TH ST"
TI-IE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On February 28, 2001, Chris and Diana Linskey (the "Applicant")
filed an application with thc Dcpartment of Development Services for Conditional Use Pennit
01-2. Specifically, the applicant is proposing to dcmolish an existing, locally recognized historic
structure at 227 lOth St. and then rebuild substantially the same housc in the same configuration.
SectIOn 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.S of the
City's Local CEQA Guidelines, staff has detennined as follows: The application for Conditional
Usc Pcrmit No. 01-2 is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15301 (Existing Facilities),
because the proposal involvcs a ncgligible expansion of an existing use: pursuant to ~
15301(e)(2), because it involves an addition to an cxisting use which does not exceed 10,000
square feet in an area where all public services and facilities arc available and the project area is
not in an environmentally sensitive area; pursuant to ~ 15305 (Minor Alterations in Land Use
Limitations), bccause the proposal involves a minor alteration in land use limitation and does not
involve either a property in exccss of 20% slope or a change in land use or density; and, finally,
pursuant to ~ 15061 (b )(3), because it can be scen with certainty that there is no possibility that
the approval may have a significant effect on the cnvironment.
Section 3. A duly noticed public hearing was hcld before the Planning
Commission on April 4, 2001, to consider the application for CUP 01-2. At the public hcaring
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, 200 I indicatcs the following:
(a) On February 28, 2001, Chris and Diana Linskey (the "Applicant") filcd an
application with the Department of Development Services for Conditional Use Pennit 01-2.
(b) Specifically, the applicant is proposing to demolish and rebuild a home at
227 10Ih St., a property which has been designated to bc a "locally recognized historic structure"
by the City Council.
(c) The subject property, Orangc County Assessor's parcel number 199-043-
01 is located in the Residential High Density zonc (RHD), is an irregular parcel having 122.47
feet of frontage on Electric A venue, and varying from 44.53 feet in width on the south side to
79.06 feet in depth on the north side. Thc property is 7,261 square feet in area and contains a
single family dwelling.
(d) The subjcct propcrty is legally nonconfonning due to a side yard setback
on Electric and parking (no garage provided).
(e) The surrounding land uses and zoning arc as follows:
NORTH
Across Elcctric A vcnuc is the Electric Avenue Greenbelt,
in the Public Land Use/Recreation (PLU/R) Zone.
COlldltlOnal U.e Permit () 1-4
PlaJ/Il/llg COlIlllllSSlO1I ResollltlOlI No. 01-/4
Apnl4. 2001
SOUTH,
EAST &
WEST
Single-family and multiple family dwellings located in the
Residential High-Dcnsity zone, (RHD).
(f) The City has received one written comment m rcsponse to the
mailed/published notices of the hearing on Conditional Use Pennit 01-2.
Section 5. Based upon the facts contained in the rccord, including those stated
in ~4 of this rcsolution and pursuant to ~~ 28-2403.1 of the City's Codc, the Planning
Commission makcs thc following findings:
. CUP No. 01-2 is consistent with the provisions ofthe 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 clements ofthe City's General Plan as
thc policies ofthose elements are consistent with, and reflected in, thc Land Use Element.
Accordingly, the proposcd use is consistent with the General Plan.
. The building and property at 227 Wh St. are locally significant and historic. The architecture
ofthc building is rarely seen within the Old Town Area, and prcscl'Vation ofthe building
would hclp preserve the streetscape of lO'h St.
. The Existing Structure is beyond repair. Several alternatives were considered and the
complete rehabilitation of the existing structure was not a fmancially viablc alternative.
. The variances from the requisite Zoning, Engincering, Building, and Fire codes are necessary
to help keep the architectural feel of the structure, and any waivcr from these codes will not,
in any way, make the home less safe to live in.
Section 6. Based upon the foregoing, the Planning Commission hcrcby
approves Conditional Use Permit 01-2, subjcct to the following conditions:
1. CUP # 01-2 is approved for the demolition of the existing structure at 227 Wh St. and the
construction of a substantially similar house to bc located at the sanle location.
2. The Applicant shall be bound by the codes found in the 1997 Uniform Codc for Building
Conservation.
3. All construction shall be in substantial compliance with thc plans submitted for
Conditional Use Permit 01-2 & CUP 01-3, except for the portions of the house & garage
on the southcrly sidc of the property, which will be relocated to be in compliance with
currcnt City Codes.
4. This Conditional Use Pennit shall not become effective for any purposc unlcss an
"Acceptance of Conditions" fonn has been signed by the applicant in the presence of the
Director of Development Services, or notarizcd and returned to the Planning Department;
and until the ten (10) day appeal pcriod has elapsed.
PASSED, APPROVED AND ADOPTED by thc Planning Commission of the City of
Seal Beach at a meeting thcrcof held on the 4- t2:t- day of A:P.?2/ C ,
2001, by the following vote:
Hood, Brown, Sharp, Ladner
AYES: Commissioners
NOES: Commissioncrs
Cutuli
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CUI' 01-2 ResolutIOn - H,.lonL Oluindnce
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COlldlllOllal U.e Perllll/ 0/-4
Planllillg COIllIllISSIOII ResolutlOll No. 0 I -/4
Ap1114, 1001
ABSENT: Commissioners
avid Hood, Ph.D.
Chainnan of the Planni
c Whittcnbcrg
Secretary of the Planning Commission
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CUP 0 J -2 Rcs"Julllln - Hlhlmic O/dinllllce