HomeMy WebLinkAboutPC Res 02-28 - 2002-06-05
OR\G\NAL
RESOLUTION NUMBER 02-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING CONDITIONAL USE
PERMIT NO. 02-13, PERMITTING A MAJOR ADDITION TO A
NONCONFORMING TWO-UNIT RESIDENTIAL PROPERTY
LOCATED AT 139 12111 STREET, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE:
Section 1. On May ISI1., 2002, Hratch Ghazarian submitted an application
with the Department of Development Services for Conditional Use Pennit 02-13. The applicant
is proposing to perfonn a major addition/remodel to a nonconfonning two-unit residential
property located at 139 I2'h St. The property is noneonfonning due to parking and density.
The proposal includes the addition of 178 square feet on the ground floor, and a second story
addition of 1070 square feet.
SectIon 2. Pursuant to 14 Calif. Code of Regs. * IS02S(a) and ~ n.B of the
City's Local CEQA Guidelines, staff has detcnnined as follows: The application for CUP 02-13
is categorically exempt from review pursuant to the California Environmental Quality Act
pursuant to 14 Calif. Code of Regs. ~ 15301(e)(2) (Existing Facilities), because it involves an
addition of less than 10,000 square feet to an existing use located in an area where all public
services are available to allow for maximum development pennissible in the General Plan, and;
pursuant to ~ 15061(b)(3), because it can be seen with certainty 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 June 5, 2002 to conSider the application for CUP No. 02-13. At the public
hearing the applicant spoke in favor of the request with no one speaking in oPPosition.
Section 4.
The record of the hearing on June 5, 2002 indicates the following:
(a) On May 1511', 2002, Hratch Ghazarian submitted an application
with the Department of Development Services for Conditional Use Pennit 02-13.
(b) The applicant is proposing to perfonn a major addition/remodel to
a nonconfonnmg two-unit residential property located at 139 12th St. The property is
noneonfonning due to parking and denSity.
(c) The proposal includes the addition of 178 square feet on the
ground floor, and a second story additIOn of 1070 square feet.
(d) The subject property, Orange County Assessor's parcel number
199-072-21, is located in the Residential High Density zone (RHD), on a 30' x 117.5' lot (3,52S
sq. ft.). The property contains a single-family dwelling and an apartment above the garage.
(e) The subject property is legally nonconfonning due to parking and
density.
(f) The subject property is surrounded by a mixture of single and
multi-family residences in the Residential High Density zone (RHD).
(g) City has received no comments in response to the mailed/published
notices of the hearing on CUP 02-13.
Section 5. Based upon the tllctS 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 tallows:
. The !,rrantmg of CUP 02-13 is consistent with the provisions of the General Plan
which indicate the subject property IS to be uscd for high density residential purposes,
which includes legally noncontonning single family residences.
PIClllIling Commii>sion Resolution No 02-28
ConditIOnal Use Permit 02-13
June 5, 200]
. The building and property at 139 12th St. are adequate in size, shape, topography and
location to mcct the needs of the proposed use of the property.
. Required adherence to applicable building and fire codcs cnsurcs there will be
adequate water supply and utilities for the proposed use.
. The proposed addition is in keeping with the requirements of Section 28-2407(A)(4)
of The Code of the City of Seal Beach, as the subject property is noneonfonning due
to density & parking.
Section 6. Based upon the foregoing, the Planning Commission
hereby approves Conditional Use Pennit 02-13, subject to the following conditions:
1. Conditional Use Pennit 02-13 is approved for a major addition/remodel to a noncontorming
two-unit residential property located at 139 12th Street. The approval includcs thc addition of
178 square feet on the ground floor, and a second story addition of 1070 square feet.
2. All construction shall be in compliance with the rcquirements of the Unitonn Building Code
and Uniform Fire Code.
3. All construction shall be in substantial compliance WIth the plans approved through CUP
02-13.
4. The applicant shall indemnify, defend and hold hannlcss City, its officers. agents and
employees (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 pennitted hereby or the exercise of the rights granted herein, and any and all claims,
lawsuits or aetions arising from the granting of or the exercise of the rights pennitted by this
Conditional Use Permit, and from any and all claims and losses occurring or resulting to any
person, firm, corporation or property for damagc, inj ury or death arising out of or connected
with the performance of the use permitted hereby. Applicant's obligation to indemnify,
defend and hold harmless thc City as stated hercin shall include, but not be limited to, paying
all fees and costs incurred by legal counsel of the City's choice in representing thc 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 luwsUlt or
action.
5. This Conditional Use Pennit shall not become effective for any purpose unless an
"Acceptance of CondItions" form has bcen signed by the applicant in the presence of the
Director of Development Services, or notari7ed and rcturncd to the Planning Depurtment
until the ten (10) day appeal period has elapsed.
PASSED, APPROVED AND ADOPTED by the Planning Commission ofthe City of Seal Beach
at a meeting thereof held on the 5th day of June 2002 by the following vote:
AYES: Commissioners
NOES: Commissioners
Brown, Cutuli, Hood, Ladner, and Sharp
None
ABSTAIN: Commissioners
~
David Hood, Ph.D., C
Plannmg Commissi
Page 2