HomeMy WebLinkAboutCC Res 5494 2006-08-14
RESOLUTION NUMBER 5494
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 06-4 AND TENTATIVE PARCEL MAP
2006-160 FOR A TWO STORY, 2-UNIT CONDOMINIUM
PROJECT AT 132 - 13TH STREET, SEAL BEACH
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND
RESOLVE:
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Section 1. On April 18, 2006, Scott Levitt, Member of 132 13th Street
LLC ("Applicant"), submitted an application for a Conditional Use Permit and Tentative
Parcel Map for a 35 foot high, two-unit condominium project ("Project") at 132 13th
Street ("subject property''), located in the area of the City designated as Planning District
1. The Applicant proposes to demolish an existing multi-unit residential structure on the
subject property and convert the existing rental use into two condominiums, and to
combine two existing lots into one parcel for the purposes of division into the two
condominium units.
Section 2. Pursuant to the Seal Beach Municipal Code, the City may
conditionally approve a condominium use, subject to conditions designed to ensure that
the use is compatible with surrounding uses, the community in general and the General
Plan. Pursuant to the Seal Beach Municipal Code and the California Subdivision Map
Act, the City may conditionally approve a Tentative Parcel Map, provided the
subdivision is consistent with the provisions of the Subdivision Map Act and the General
Plan. The proposal conforms to the density requirements of 1 unit per 2,178 square feet
of lot area and the minimum lot size of 2,500 per unit in the District 1, Residential High
Density (RHD) zone. The standard height permitted by the Municipal Code for
development in Planning District I is 25 feet.
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Section 3. Pursuant to the California Enviromnental Quality Act and
the regulations implementing the Act, specifically 14 Calif. Code of Regs. ~~ 15303(b)
("New Construction or Conversion of Small Structures") and 15315 ("Minor Land
Divisions"), this project is categorically exempt from formal enviromnental review.
Section 4. After a duly noticed public hearing held on June 7, 2006,
the Planning Commission adopted Planning Commission Resolutions Nos. 06-22 and 06-
23, conditionally approving a 25-foot high, two unit condominium project, subject to
certain conditions designed to ensure compatibility with surrounding uses, the
community in general, the General Plan and the California Subdivision Map Act.
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Sectio~ 5. rh~}lplicant duly filed a notice of appeal, objecting to the
condition imposing. a maximum'25.fci'et height limit.
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Section 6.~e <:;;{yl Council considered the appeal at a duly noticed
public hearing hpJd or;,~ury~-gi,".Z006;' kumerous speakers, including the applicant, spoke
in favor of the app.!isation. .Numeroiil speakers spoke in opposition to the proposed third
story. In addition;th~:Git~. rec;:e1\r~i:JI~everalletters in opposition to the third story portion
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of the proposed project~
Section 7.
The record of the hearing indicates the following:
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(a) On April 18, 2006, Applicant submitted an application for a
Conditional Use Permit for a two-unit condominium project on the subject property. The
subject property is located in the area of the City designated as Planning District 1. The
Applicant seeks to demolish an existing multi-unit residential structure and convert the
existing rental use into two condominiums.
Resolution Number 5494
(b) Pursuant to the Seal Beach Municipal Code, a condominium use is
a conditionally permitted use, subject to conditions designed to ensure that the use is
compatible with surrounding uses. The standard maximum height standard in District I is
25 feet. Such height limit may be exceeded for a development proposed for a lot in
excess of 37Yz feet wide. For such wider lots, a proposed structure may exceed 25 feet,
up to 35 feet in height, in the rear half of the lot.
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(c) The subject property is described as Orange County Assessor's
Parcel Number 199-081-10 and is located at 132 13th Street.
(d) The subject property is located at the east side of the 100 block of
13th Street and is comprised of two lots, each 25 feet wide by 117.5 feet deep, for a total
of 5,875 square feet.
(e) The surrounding land uses and zoning are as follows:
NORTH
SOUTH
Mix of single-family and multi-family residences in
the Residential High Density (RHD) zone.
Mix of single-family and multi-family residences in
the Residential High Density (RHO) zone.
Across 15' wide alley, a mix of single-family and
multi-family residences in the Residential High
Density (RHD) zone.
Across 13th Street, a mix of single-family and multi-
family residences in the Residential High Density
(RHO) zone.
EAST
WEST
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(t) The properties immediately adjacent to the subject property are
developed as follows: a single-story residence on the neighboring property immediately
to the north; a two story residence on the neighboring property immediately to the south;
a single-story residence on the neighboring property immediately across 13th Street; and
a two-story residence on the neighboring property immediately across the back alley.
The other homes in close proximity are a mix of one story and two story structures.
(g) Oral evidence was presented at the public hearing as to the
negative impacts created by excessively tall structures out of character with the
neighborhood on light, air circulation, shadows, privacy and views. Photographic
evidence was presented at the public hearing demonstrating how excessively tall
structures loom over adjacent residences, create shadows, and adversely impact light,
privacy and views.
(h) A primary goal and objective for the City's General Plan is the
retention of the City's "small-town character." The Land Use Element of the General
Plan requires that the City's "small town feel" with a "small town like" population shall
be preserved and enhanced. In addition, the Land Use Element directs the City to
"continue to provide support for its residents, maintain its infrastructure and provide jobs
and housing balance while still maintaining its small town atmosphere."
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Section 8. Based upon substantial evidence in the record of the
hearing, including the facts stated in Sections 1 through 7 of this resolution, and pursuant
to SS 28-800, 28-2503 and 28-2504 of the City's Municipal Code, the City Council
hereby finds:
(a) As reasonably conditioned, a two-story, two-unit condominium
structure with a 25-foot maximum height is consistent with the City's General Plan. By
contrast, a condominium structure in excess of the standard 25-foot maximum height
standard is not consistent with the City's General Plan. The City's General Plan
mandates that a primary goal and objective for the City is the retention of a "small-town
character." Pursuant to the Land Use Element of the General Plan, the City's "small
town feel" with a "small town like" population shall be preserved and enhanced. In
addition, the Land Use Element directs the City to "continue to provide support for its
residents, maintain its infrastructure and provide jobs and housing balance while still
Resolution Number 5494
maintaining its small town atmosphere." A two-story, two-unit condominium structure
with a 25-foot maximum height would retain and enhance these goals and objectives. By
contrast, a three-story project would be inconsistent with these General Plan goals and
objectives of retaining the City's small-town atmosphere and character because such a
large structure is more suitable for either an urban setting with similar sized structures, or
an area with more available space and larger lots. A majority of lots in District I are
narrow, 25 foot wide lots. The vast majority of the homes in the vicinity are one or two-
story structures. A three-story structure in that location would erode the small-town
atmosphere.
(b) As reasonably conditioned, a two-story, two-unit condominium
structure with a 25-foot maximum height is compatible with surrounding uses and the
community in general. By contrast, a three-story two-unit condominium structure in
excess of the standard 25-foot maximum height standard is not compatible with
surrounding uses. A majority of lots in District I are narrow, 25 foot wide lots. The vast
majority of the homes in the vicinity are one or two-story structures. District I is very
dense and congested, and a third story structure would have detrimental effects on the
adjoining narrower residential properties that are restricted to two stories, due to the
adverse impacts on light, airflow, privacy and views. Such homes will be adversely
impacted if a three-story structure were built on the adjacent lot. Thus, the proposed
three-story project would be incompatible with surrounding uses.
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(c) As reasonably conditioned, a two-story, two-unit condominium
structure with a 25-foot maximum height is compatible with surrounding uses and the
community in general. Without a condition limiting the maximum height to 25 feet, a
three-story structure would be out of character with the neighborhood, and thus
incompatible with surrounding uses. The vast majority of homes east of Main Street in
the Old Town, Planning District 1 are one or two stories in height. In the subject area,
there are 48 properties with widths of 50 feet or more. However, of these 48 properties,
only six contain 3-story structures, and all six are non-conforming structures that do not
fully comply with Zoning Code standards.
(d) As reasonably conditioned, a two-story project, with a maximum
height of 25 feet, is consistent with the General Plan and is compatible with surrounding
uses in the vicinity. The Land Use Element of the City's General Plan provides a High
Density Residential zoning designation for the subject property. The vast majority of the
residential structures in the vicinity are one or two stories. Thus, a two-story
condominium is consistent with the General Plan goals of retaining the City's small-town
atmosphere and character. 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, a 25-foot tall two-story condominium is
consistent with the General Plan and compatible with surrounding uses.
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(e) The subject property is adequate in size to accommodate two
multiple family units, when limited to a maximum of two stories and 25 feet in height.
The property is approximately 0.135 acres in area.
(f) The Project conforms to the density requirements of 1 unit per
2,178 square feet of lot area and the minimum lot size of 2,500 per unit in the District 1,
Residential High Density (RHD) zone.
(g) Approval of a two-story development with reasonable conditions is
compatible to and consistent with the surrounding neighborhood.
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(h) Approval of a two-story development with reasonable conditions
would not be detrimental to the surrounding neighborhood.
(i) As reasonably conditioned, the requested subdivision is: beneficial
to the short term and long term land use goals of the City of Seal Beach; will promote the
public health, safety and welfare; and is in the public interest.
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Resolution Number 5494
(j) As reasonably conditioned, a subdivision is consistent with the
City's General Plan, including the land use element and the housing element. The
subdivision will facilitate a multi-unit condominium in an area with a zoning
classification of multiple dwelling units. The provision of two residential units will
provide needed housing.
(k) As reasonably conditioned, the design of the subdivision will not
interfere with existing easements, acquired by the public or utilities that serve the public.
(I)
dwelling units.
The site is physically suitable for a subdivision to facilitate two
(m) The design of the subdivision, as reasonably conditioned, is not
likely to cause substantial environmental damage.
(n) The design of the improvements will not cause substantial
environmental damage, or substantially or avoidably injure fish, wildlife, or other
habitats, or cause serious public health problems.
Section 9. Based upon the foregoing, the City Council hereby
approves Conditional Use Permit 06-4 and Tentative Parcel Map 2006-160 for a 25-foot
high, two-unit condominium project at 132 13th Street, subject to the following
conditions:
1. All development shall be limited in height to two stories, 25 feet maximum
height. The applicant shall submit revised plans to the City for a project that does
not exceed 25 feet in height.
2.
This CUP shall not become effective for any purpose unless/until a City
"Acceptance of Conditions" form has been signed by the applicant in the presence
of the Director of Development Services, or notarized and returned to the
Planning Department; and until the ten (10) calendar-day appeal period has
elapsed.
3. This CUP shall become null and void unless exercised within one year of the date
of approval of Final Parcel Map 2006-160, or such extension of time as may be
granted by the Planning Commission pursuant to a written request for extension
submitted to the Department of Development Services a minimum of ninety days
prior to the one-year anniversary date of the approval of the final map.
4.
The applicant shall indemnifY, defend and hold harmless 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 permitted hereby or the exercise 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 approval, and from
any and all, claims and losses occurring or resulting to any person, firm,
corporation. or~pipperty for damage, injury or death arising out of or connected
with, the perfo~ance of. the use permitted hereby. Applicant's obligation to
indemnifY, drfc:nd, lin.~h'old harmless the City as stated herein shall include, but
not be lilni{e4.!~: 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 witness fees, and any award of damages, judgments,
verdicts, court costs or attorneys' fees in any such lawsuit or action.
5. The applicant shall comply with all applicable Seal Beach Municipal Code
provisions, including but not limited to the requirements set forth in Section 28-
2322, prior to submittal of the final map for City review.
Resolution Number 5494
6. The project shall comply with all sections as adopted in Resolution 5209, titled
Public Works Standard Conditions of Approval for Vesting and Tentative
Subdivision Maps, 2003 Edition.
7. For stormwater requirements, applicant shall submit an approved Water Quality
Management Plan.
8.
The applicant shall incorporate all conditions from the City of Seal Beach
Departments into the parcel map prior to submitting the final parcel map for
review.
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9. The applicant shall provide documentation indicating the mathematical accuracy,
title information and survey analysis of the parcel map and the correctness of all
certificates. Proof of ownership and proof of original signatures shall also be
required.
10. The applicant shall provide a copy of the Covenants, Conditions and Restrictions
(CC&Rs) to the Department of Development Services prior to submittal to the
California Department of Real Estate. CC&Rs shall include maintenance of
common areas, including open space, pavement areas and exterior of building
structures.
Section 10. Section 1094.6 of the California Code of Procedure and Seal
Beach Municipal Code Section 1.20.015 govem the time within which judicial review, if
available, of the City Council's decision must be sought, unless a shorter time is provided
by other applicable law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach
at a meeting thereof held on the 14th day of August, 2006, by the following vote:
Councilmembers ~, c;if..~( ~
;c
&y~zt
AYES:
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NOES:
Councilmembers
ABSENT:
Councilmembers
ABSTAIN:
Councilmembers
Je.,fItJ /~~
MAYOR
ATTEST:
~"~~
IT CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 5494 on file in the
office of the City Clerk, passed, approved, and adopted by the City Council of the City of
Seal Beach, at a regular meeting thereof held on the 14th day of August , 2006.
~.
~
CI y Clerk
~~
Resolution Number 5494
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
I
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date .of
2124/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
<:Jl.iJi \ ~
all in the y ar 2006.
Proof of Publication of
...............................................
...............................................
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
.r -N6TIbEli~'i~i'~ GtvEN
<th.1 !he'CIty eoUncll'oI IheCIty
-jot Sell Beach Will hotd a publICI
jhearlnilai~'!24.2lXl6,
: lit 700 P m: In,Die . 'Council'
i IChamlHlni, 211..Elg SlraBt.
, 1--, CaI*>rnIa,'to...-'
,the,followinglhirn:.. : ,,!'.;...-
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'APPROVALOFTENTATlVE.
.PARCEL MAP 21lD8-'~ t.:..:.~ ~
,,132:,.'3th~ ,:"~'",. ....I
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"1lBqlMEAjipw&_ P.aRi.I'.
.Map2OO6;.160. B ~1D com-:
," .blne tWo Parcels'lnto bne parcel
. ,for the purposes of creating twO .
t..4alrspBce condomlnlums.'. ' ~,
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from CEQA IW. J ~
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lPuiJ110hed In iha _ _ Sun
7/13f2006 ..",l.i..t... ""......,.. r
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Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
Resolution Number 5494
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
I
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24(75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
(f", \'1 \ ~
all in the year 2006.
Proof of Publication of
..............................,................
...............................................
: N011cibs iiEiIEBY OiVEN,
,'uuit the CIIy COuncil of \he'pIIy:
lof.SeaI Be8ch. WlII't101d a:pUbllO
'-1lIlMandBl<Uill4,2OIl8, .
'01'7:00 p,m:,ln 1118 C 'Councl!:
'Chambers.. 211 ~ 7StnI81.t,
SlllII_,CoIforijI,ID"'-,
.the follo)viftQ Item: .:. .'~' '"d
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USEPEIUIIT_ .-:. ." !
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. :IiMt~ ~v "p1.or,u/.l.elai1ning
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inent Iocat8d at 132 Thlhei
'Slr8el,SlllII'_, Th.P.'5"ng
Commlislon';'appro't'Bd the!
,COnditional U.. Pannllond Irm-
,Ited tho hlli!ll1! of the condi>l)1lnl--
.urn, development to 2 storieB..
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:: ..\AI'thl'above,i1me'8nd pIle"
':all-lntef88ted plraona'rnay be
;'h.ord W 10 ~"ld:~W yau chaI,
~ lenge"1the ~~"aCtic!ni'I~.
, 1:oIirt. yau roay.b8'In1~ Ul'1IIili'
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biB._ nusecf81thB ~IC"",.
IIig described' In thls""ri0t\C8; or
t.1n WrItlen'CO~pondence dellY-
'.fed 10 tho CItY i>I&iaI_""
for prior to, tho publlc!htiailng. " .
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,PubllsheCt In the S8IiI B8ach Sun.!
i/1~.::~ .......:i..r"..;.....;
I
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
I