HomeMy WebLinkAboutPC Res 02-40 - 2002-11-06
ORIGINAL
RESOLUTION NO. 02-40
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CONDITIONAL USE
PERMIT 02-16, TO PERFORM A MAJOR
REMODEL AND ADDITION TO AN EXISTING
LEGAL, NON-CONFORMING 4-UNIT
BUILDING AT 1210 ELECTRIC AVENUE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. On October 2, 2002, Scta Ghazarian (the "Applicant") filed
an application with the Department of Development Services for Conditional Use Permit
02-16 and Height Variation 02-5. The applicant is proposing to perform a major
addition/remodel and construct a covered roof access structure to a nonconforming 4-unit
residential structure located at 1210 Electric Avenue, Seal Beach. The property is
nonconforming due to:
o Density; there are now 4 units on the property and the lot size would currently
permit 2 units on the property;
o Inadequate parking; there are 4 parking spaces provIded and 8 parking spaces
would be required for 4 living units on a lot.
o Front yard setback: thc required front yard setback is 12 feet and the existing
structure is setback 7.5 fee; and
o Rear yard setback; the requircd rear yard setbaek is 9 feet and the existing
structure is setback 7 feet.
The proposal includes the addition of approximately 140 square feet as a ncw
first floor addition and the construction of a 1,752 square foot second floor addition at
1210 Electric Avenue. No changes are proposed to Units A, B, or C or to the existing
garage parking areas. The requested additions require the conditional use permit
approval as a major expansion of a non-conforming structure.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A
of the City's Local CEQA GUIdelines, staff has determined as follows: The application
Conditional Use Permit 02-16 is categorically exempt from review pursuant to the
California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15305
(Minor Alterations in Land Use Limitations) bccause the request is for a mmor alteration
in land use limitations in an area with an average slope of less than 20% and no changes
in land use or density are involved; and, pursuant to ~ 15061 (b )(3), because it can be scen
with ccrtainty that there is no possibility 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 6,2002 to consider Conditional Use Permit 02-16
Section 4.
The record of the hearing indicates the following:
a. On October 2, 2002, Seta Ghazarian (the "Applicant") filed an
application with the Department of Development Services for Conditional Use Permit 02-
16 and Height Vanation 02-5.
b. The proposal includes the addition of approximately 140 square feet as
a new first floor addition and the construction of a 1,752 square foot second floor
addition at 1210 Electric Avenue. No changes are proposed to Units A, B, or C or to the
existing garage parking areas. The requested addItions requue the conditional use permit
approval as a major expansion ofa non-conforming structure.
C IDocuments and Sett1l1gslLWhlltcnbcIg1My DocumenlslRESOlClJP 02-16 (1210 ElectriC) I'C' Rc", dU<.ILW\I2-04-02
Planmng COllmllsslOn ResolutIOn 02-40
Conditional Use Permit 02-16
1210 Electric A venue
Novemhcl 6, 2002
c. The applicant is proposing to perform a major addition/remodel and
construct a covered roof access strueture to a nonconforming 4-unit residential structure
locatcd at 1210 Electric Avcnue, Seal Beach. The property is nonconfonning due to:
(J Density; there are now 4 units on the property and the lot SIze would currently
permit 2 units on the property;
(J Inadequate parking; there are 4 parking spaces provided and 8 parking spaces
would be required for 4 living umts on a lot.
(J Front yard setback: the reqUIred front yard setback is 12 feet and the existing
structure is setback 7.5 fee; and
(J Rear yard setback; the required rear yard setback is 9 feet and thc existing
structure is setback 7 feet.
d. The subject property, Orange County Assessor's parcel nwuber 199-
076-27, is located in the Residential High Density zone (RHD).
e. The subject property is an irregular shaped parcel having 30.20 feet of
frontage on Thirteenth Street, being 117.50 feet in depth. The property has
approximately 67 feet of depth along the rear alley. The propcrty is approximately 5,821
square feet in area and contains a single-story livlllg unit (1210 Electric Avenue) and
thrce apartments and four off-street parking spaces.
f. The surrounding land uses and zoning are as follows:
SOUTH, EAST
& WEST
Residential Housing located in a Residential
HIgh Density zone
NORTH
Public open space in the Public Land
Use/Recreation (PLUfR) Zone.
g. In response to the mailed and published notice of this hearing staffhas
received no responses, written or oral, to this request as of October 30, 2002.
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 and 28-2504 of the
City's Code, the Planning Commission hereby finds as follows:
(a) Conditional Use Permit 02-16 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 multiple 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) The building and property are adequate in SIze, shape, and
topography to meet the proposed use for the land.
(c) There is no change III the number of units proposed on the
property, and the number of bedrooms in .the residence at 1210 Electric Avenue is not
being increased over the existing number ofbcdrooms.
(d) All feasible parking given the availability and location of space on
the site or the constraints imposed by the existing sound primary structure is provided.
(e) Required adherence to applicable building and fire codcs ensures
there will be adequate water supply and utilities for the proposed use.
(I) The proposed addition is III keeping with the requirements of
Section 28-2407(A)(3) and Section 28-2407(A)(4) of The Code of the City of Seal
CUP 02-lb (1210 Electrtc) PC Rcso
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Planning CommIssIOn Resolution 02-40
Conditional Use Permit 02-/6
12/0 Electrlc Avenue
November 6, 2002
Beach, as the subject property is nonconforming due to density, inadequate setbacks for a
legal nonconforming garage, and parking.
(g) The property complies with an other development standards of the
City as set forth in the Residential High Density (RHD) Zone.
Section 6. Based upon the foregoing, the Planning Commission
hereby approves Conditional Use Permit No. 02-16, subject to the following conditions:
1. Conditional Use Permit 02-16 is approved for a major addition/remodel to a
nonconforming residence located at 1210 Electric Avenue, The proposal includes the
addition of approximately 140 square feet as a new first floor addition and thc
construction of aI, 752 square foot second floor addition and a 497 square foot roof
deck at 1210 Electric.
2. All construction shall be in compliance with the requirements of thc Uniform
Building Code and Uniform Fire Code.
3. An construction shall be in substantial compliance with the plans approved through
CUP 02-16.
4. Before final permit is issued by the City'S Building Department, the City shall inspect
the property to ensure that the existing four parking spaces are available for the
shelter and storage of vehicles. Thc parking spaces shall remain continuously
available for the shelter and storage of vehicles for the life of the building.
5. 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 Dircctor of Development Services, or notarized and returned to the Planning
Dcpartrnent; and until the ten (10) day appeal period has elapsed.
6. This CUP shall become null and void unless exercised within one (1) year of the date
of final approval, or such extension of timc as may be granted by the Planning
Commission pursuant to a written request for extension submitted to the Departmcnt
of Development Services a minimum of ninety (90) days prior to such expiration
date.
7. The applicant shall indemnify, defcnd and hold harmless City, its officers, agents and
employecs (collectively "the City" hereinafter) from any and all claims and losses
whatsoever occurring or resulting to any and all persons, firms, or corporations
furnishing or supplying work, services, materials, or supplies in connection with the
performance of the use permitted hereby or the excrcise of the rights granted herein,
and any and all claims, lawsuits or actions arising from the granting of or the exercise
of the rights permitted by this Conditional Use Permit, and from any and all claims
and losses occurring or resulting to any person, firm, corporation or property for
damage, mjury or death arising out of or connected with the performance of the use
permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the
City as stated herein shall include, but not be limited to, paying all fees and costs
incurred by legal counsel of the City's choice in representing the City in connection
with any such claims, losses, lawsuits or actions, expert witncss fees, and any award
of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or
action.
PASSED, APPROVED AND ADOPTED by the Planning Commission of thc
City of Seal Beach at a meeting thereof held on the 6th day of November
2002, by the following vote:
CUP 02-16 (1210 Electllc) PC Reso
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Planlllng CommISSIon ResolutIOn 02-40
ConditIOnal Use Permit 02-16
1210 Electric Avenue
November 6, 2002
AYES: Commissioners
Hood, Ladner, Shanks, and Sharp
NOES: Commissioners
Deaton
ABSENT: Commissioners
ABSTAIN: Commissioners
David Hood, Ph.D., Cha'
Planning Commission
e Whittenberg, Secretary
Janning Commission
CUP 02-16 (1210 Electnc) PC Resa
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