HomeMy WebLinkAboutPC Res 02-39 - 2002-11-06
ORIGINAL
RESOLUTION NO. 02-39
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CONDITIONAL USE
PERMIT 02-15, TO PERFORM A MAJOR
REMODEL AND ADDITION TO AN EXISTING
LEGAL, NON-CONFORMING BUILDING AT
226 FOURTH STREET
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Seetion 1. On Octobcr 1,2002, Brent A. Sears (thc "Applicant") filed
an application on behalf of Bob and Kathy West (the "Owner") with the Department of
Development Services for Conditional Use Pcrmit 02-15. The applicant is proposing to
perform a major addition/remodel to a nonconforming singlc family dwelling located at
226 Fourth Street. The property IS nonconfonning due to: denSity, there are now two
units on the property, and one would currently be permitted; inadcquate parking, there are
2 parking spaces proVided and 4 parking spaces would be required for 2 living units on a
lot; and inadequate setback for a legal non-conforming garage, which is setback 7 feet
from the alley and a 9-foot setback would currently be required. The property would bc
required to contain 4,356 square feet 111 order to two units to be developed under the
current zoning standards of the City,
Section 2. Pursuant to 14 Cahf. Code of Regs. ~ 15025(a) and ~ I1.A
of the City's Local CEQA Guidelines, staff has determmed as follows: The application
ConditIOnal Use Permit 02-15 is categoncally exempt from review pursuant to thc
California Environmental Quality Act pursuant to I4 Calif. Code of Regs. ~ 15305
(Minor Alterations ill Land Use Limitations) because the request is for a minor alteration
in land use limitations in an area WIth an average slope of less than 20% and no changes
in land use or density arc involved; and, pursuant to ~ I 5061 (b)(3), because it can bc sccn
with certainty that there IS no pOSSibility that the approval may have a significant effect
on the envIronment.
Section 3. A duly noticed hearing was held bcfore the Planning
Commission on November 6, 2002 to conSider Conditional Use Permit 02-15
Section 4.
The record of the heanng indicates the folloWillg:
(a) On October 1, 2002, Brcnt A. Sears (the "Applicant") filed an
apphcation on behalf of Bob and Kathy West (the "Owner") with the Department of
Development ServIces for Conditional Use Permit 02-15.
(b) The applicant is proposing to perform a major additIOn/remodel to
a nonconforming single-family dwclling located at 226 Fourth Street. The proposal
includes the addition of approximately 60 square fect to the first floor of the front unit
and 907.5 square feet as a new sccolld floor addition to the front unit on the property. No
changes are proposed to the garage and rear living umt above the garage.
(c) The property is nonconformillg due to: density, there are now two
units on the properly, and one would currently be pcrmitted; inadequate parking, there are
2 parking spaccs provided and 4 parking spaces would be required for 2 living units on a
lot; and inadequate setback for a legal non-conforming garage, which is setback 7 feet
from the alley and a 9-foot setback would currently be required, The property would be
reqUired to contain 4,356 squarc feet in order to two units to be developed under the
current zoning standards of the City.
Z \Canrn.'I1_data\Res 02-39 CUP 02-15.dnc\J.W\IO-30-02
Planlllng COllllIIISSlon Resolllf/UI/ 02-39
COl/dlhonal Use Penn It 02-/5
226 Fuurth Streer
Nuvember 6. 2002
(d) The subject property, Orange County Assessor's parcel number
199-022-4, is located in the Residcntial High Density zone (RI.-JD)
(e) The property is a rectangular pareel having 30 feet of frontage on
Fourth Street, being 117.50 feet in depth. The property is 3,525 square feet in area and
contains a single family dwelling fronting on Fourth Strcet with a detached garage and
apartment above the garage on the alley side.
(1) The surrounding land uses and zoning are as follows:
NORTH, SOUTH,
EAST & WEST
Residential Housing located in a Residential
High Density zonc
(g) In response to the mailed and published notice of this hearing staff
has received one wntten response in OppositIon 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 ofthe
City's Code, the Planning Commission hereby finds as follows:
(a) Conditional Use Permit 02-15 is consistent with the provisions of
the Land Use Elemcnt of the City's General Plan, whieh proVIdes a "high density
residential" dcsignation for the subject property and permits multiplc family residential
uses. The use is also consistent wIth the remaining elements of the City's General Plan,
as the policies of those elements arc consistent with, and reflected in, the Land Use
Element. Accordingly, the proposed use is consistcnt with the General Plan.
(b) The building and property are adequate in Size, shape, and
topography to mcet the proposed use for the land.
(c) There is no change in the number of units proposed on the
property, and the number of bedrooms in the residence at 226 Fourth Strect is not beIllg
increased ovcr the existing number of bedrooms.
(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 adhcrence to applicablc building and fire eodes ensures
there will be adequate water supply and utilities for the proposed use.
(t) The proposed addItion is in keeping with the requirements of
ScctIon 28-2407(A)(3) and Section 28-2407(A)(4) of The Code of the City of Seal
Beach, as the subject property is nonconforming due to density, inadequate setbacks for a
legal nonconforming garage, and parking.
(g) The property complies with all other development standards of the
City as set forth in the Residential High DenSIty (RHD) Zone.
Scction 6. Based upon the foregoing, the Plallning Commissioll
hereby approves Conditional Use Permit No, 02-15, subject to the following conditions:
1. Conditional Use Permit 02-15 is approved for a major addition/remodel to a
nonconforming single famIly residcnce located at 226 Fourth Street, Scal Beach.
The proposal includes the addition of approximately 60 square feet to the first
floor and 907.5 squarc feet to the second floor, with a 68 square foot second-story
balcony.
2. All construction shall be III substantial compliance with the plans approved
through CUP 02-15
Res 02-39 CUP 02-15 doc
2
Plmllllllg Commission Revolution 02-39
Concllflonal Use PerT/lit 02-/5
226 Fourth Street
November 6. 2002
3. All construction shall be in compliance with the requirements of the Uniform
Building Code and Uniform Fire Code.
4. Comply with the following recommendations of the Building Department:
A. Provide property survey to confiml setbacks as mdicated on project plans.
B. Front Unit - 226 Fourth Strcct:
1. Side yard porch cover to be removed. Extends 2-fcet mto required
side yard setback area.
2. Provide minimum 100-amp electrical service in residencc.
3. Relocate existing exterior water heater to loeation inside residence,
Relocate any outside plumbmg lines to inside cxterior walls.
C. Garage structure:
I. Provide onc-hour rated ceiling assembly in garage.
2. Providc new electrical service to garage.
D. Unit above Garage:
1. Relocate cXlstmg vent pipe on outside of wall on rear umt facing
allcy to inside he exterior wall.
2. Provide minimum 100-amp electrical service in residencc.
5. ThIS Conditional Use Permit shall not become effectIve for any purpose unless an
"Acceptance of Conditions" form has been signed by thc applicant in the presenee
of thc Director of Devclopment Services, or notarized and returned to the
Planning Department, and until the ten (10) day appeal period has elapsed.
6. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (colleetively "the City" heremafter) from any and all claims and
losses whatsoever occurring or resulting to any and all persons, finns, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of
the rights grantcd 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 occurrmg or resulting to any
person, firm, corporation or property for danmge, injury or death arising out of or
connected with the performance of the use permitted hereby. Applicant's
ohligation 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, cxpert witness fees, alld any award of damages,
judgmcnts, verdicts, court costs or allomeys' fces in any such lawsuit or action.
PASSED, APPROVED AND ADOPTED by the Planning CommiSSIon of the
City of Seal Beach at a meeting thereofheld on the (;0"" day of N D\)
2002, by the following vote:
AYES: Commissioners Hood, Ladner, Shanks, and Sharp
NOES: CommIssioners None
ABSENT: CommIssioners None
ABSTAIN: Commissioners Deaton
Res 02-39 CUP 02-15 doc
3
Res 02-39 CUI' 02-15 dne
Planning CommL~slOn ResolutIOn 02-39
ConditIOnal Use Permit 02-15
226 Fuurth Street
Novemher 6, 2002
DavId Hood, Ph.D., C
Planning Commissio
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