HomeMy WebLinkAboutPC Res 07-06 - 2007-02-07
RESOLUTION NUMBER 07 - 6
OR/61111
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CONDITIONAL USE
PERMIT 07-1 FOR TWO CONDOMINIUMS AT
132 13TH STREET, SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE.
SectIon 1 On January 3, 2007, Scott LeVItt, a member of 132 13th
Street, LLC, submItted a request for CondItIonal Use PermIt approval WIth the
Department of Development ServIces for the converSIon to condomInIUms of a 2-unIt
resIdentIal development that IS currently under constructIon
SectIOn 2 Pursuant to the Seal Beach MumcIpal Code, a cOndOmInIum
use IS a condItIonally permItted use, subJect to condItIons deSIgned to ensure that the use
IS compatIble WIth surroundIng uses
SectIon 3 Pursuant to the CalIfornia EnVIronmental QualIty Act and
the regulatIons ImplementIng the Act, specIfically 14 CalIf Code of Regs SS 15303(b)
("New ConstructIOn or ConverSIOn of Small Structures") and 15315 ("MInor Land
DIVISIOns"), thIS proJect IS categorIcally exempt from formal envIronmental reVIew
SectIOn 4 A duly notIced publIc hearIng was held before the PlannIng
CommISSIOn on February 7, 2007 to conSIder the applIcatIOn At the publIc hearIng, the
PlannIng CommISSIon InVIted and conSIdered testImony offered In favor of and In
OppOSItIOn to the ProJect
SectIon 5
The record of the hearIng IndIcates the follOWIng
(a) On January 3, 2007, Scott LeVItt, a member of 132 13th Street,
LLC, submItted a request for CondItIonal Use PermIt approval WIth the Department of
Development ServIces for the converSIOn to condomInIUms of a 2-unIt reSIdentIal
development that IS currently under constructIOn
(b) Pursuant to the Seal Beach MumcIpal Code, a condomInIUm use IS
a condItIonally permItted use In PlannIng DIStrIct I, 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 37~ 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
Z \My Documents\RESO\CUP 07-1 132 13th PC Reso dOl.\LW\02-07-07
Plannmg Comnus!Jlon 07-6
ConditIOnal Use Permit 07-1
132 Thirteenth So eet
} ebruary 7, 2007
(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 1175 feet deep, for a total
of 5,875 square feet
(e)
The surroundIng land uses and zomng are as follows.
NORTH
SOUTH
MIX of sIngle-famIly and multI-famIly reSIdences In ResIdentIal
HIgh DenSIty (RHD) zone
MIX of sIngle-famIly and multI-famIly reSIdences In ResIdentIal
HIgh DenSIty (RHD) zone
Across 15' wIde alley, mIX of sIngle-famIly and multI-famIly
reSIdences In ReSIdentIal HIgh DenSIty (RHD) zone
Across 13th Street, mIX of sIngle-famIly and multI-famIly
reSIdences In ReSIdentIal HIgh DenSIty (RHD) zone
EAST
WEST
(t) The applIcant proposes a cOndOmInIUm converSIOn to convert the
currently under constructIOn 2-umt reSIdentIal structure for the purposes of creatIng two
aIrspace condomImums The proposal conforms to the denSIty reqUIrements of 1 umt per
2,178 square feet of lot area and the mImmum lot SIze of 2,500 per umt In the DIstrICt 1,
ReSIdentIal HIgh DenSIty (RHD) zone A CondItIonal Use PermIt IS reqUIred for the
proposed converSIOn of the 2-unIt structure to cOndOmInIUmS
(g) The CIty'S General Plan and zomng map both desIgnate the subJect
property as ReSIdentIal HIgh DenSIty
(h) On September 15,2006, the BUIldIng Department Issued a bUIldIng
permIt for the two-umt, three-story structure that IS currently under constructIon, as It IS
III comphance WIth all zOnIng and constructIOn code reqUIrements of the City and had
obtaIned Coastal CommISSIOn approval
(1) The applIcant proposes to create one lot In accordance WIth the
terms and condItIons preVIOusly Imposed on TentatIve Parcel Map 2006-160 and to
convert the currently under constructIon two-umt reSIdentIal structure for COndOmInIUmS
for separate ownershIp through approval of the requested CondItIOnal Use PermIt
(j) The Issue before the CommISSIOn IS the converSIOn of an approved
tWO-unIt structure to allow for IndIVIdual ownershIp of each hOUSIng unIt by the requested
converSIon to a cOndOmInIum development As such, the Issue of compatIbIlIty IS most
dIrectly related to the compatIbIlIty of allOWIng for the pOSSIbIlIty of two owner-occupIed
hOUSIng unItS on the subJect property as opposed to at most a SIngle, owner-occupIed unIt
and a rental unIt, or two rental umts The approval of the requested CondItIonal Use
CUP 07-1 132 13th PC Reso
2
Planning COmnllSSlOn 07-6
ConditIOnal Use Permit 07-1
132 Thirteenth Street
February 7,2007
PermIt would not change the desIgn or constructIOn of the structure currently beIng
constructed
SectIOn 6 Based upon substantIal eVIdence In the record of the
hearIng, IncludIng the facts stated In SectIOns 1 through 5 of tills resolutIOn, and pursuant
to SS 28-800, 28-2503 and 28-2504 of the CIty'S MunICIpal Code, the Planmng
CommIssIOn hereby finds
(a) The converSIOn of a structure currently under constructIOn and that
IS In complIance wIth all developments reqUIrements of the CIty for a two-umt
cOndOmInIum structure IS conSIstent WIth the CIty'S General Plan The General Plan
desIgnates the subJect property for "ResIdentIal HIgh DenSIty" development The Zomng
of the subJect property IS "ReSIdentIal HIgh DenSIty", conSIstent WIth the General Plan
Land Use desIgnatIOn The structure currently beIng constructed on the subJect property
IS In complIance WIth all development reqUIrements of the CIty and has also obtaIned
Coastal CommissIOn approval The proposed converSIOn of the structure for
cOndOmInIum 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 at 132 ThIrteenth Street are adequate In
SIze, shape, topography and locatIOn to meet the needs of the proposed use of the
property, as proposed to be condItIoned The ProJect conforms to the denSIty
reqUIrements of 1 UnIt per 2,178 square feet of lot area and the mImmum lot SIze of 2,500
per unIt In the DIStrIct 1, ReSIdential HIgh DenSIty (RHD) zone The structure IS
currently under constructIOn and fully complIes WIth all CIty standards regardIng bUIldIng
area, setbacks, heIght, lot coverage, open space and off-street parkIng There were no
dIscretIOnary permIts reqUIred to construct the subJect structure and the proper bUIldIng
permIts have been Issued by the CIty
(c) The proposed converSIOn of the subJect two-UnIt structure to
cOndOmInIUmS, If properly condItIoned and enforced, IS compatIble WIth the character of
the surroundIng area whIch conSIsts predomInately of a mIxture of detached SIngle-famIly
and attached multI-umt reSIdentIal uses Adherence to condItIons of approval placed on
the use by the CIty of Seal Beach should mItIgate any negatIve Impacts to neIghborIng
reSIdentIal propertIes The Issue of compatIbIlIty IS most dIrectly related to the
compatIbIlIty of allOWIng for the pOSSIbIlIty of two owner-occupIed hOUSIng unItS on the
subJect property as opposed to at most a SIngle, owner-occupIed UnIt and a rental unIt, or
two rental unItS The approval of the requested CondItIonal Use PermIt would not change
the deSIgn or constructIon of the structure currently beIng constructed
SectIon 7 Based upon the foregOIng, the PlannIng CommISSIOn
hereby approves CondItIonal Use PermIt 07-1 for a two umt cOndOmInIum proJect at 132
13th Street, subJect to the follOWIng condItIOns
CUP 07-1 132 13th PC Reso
3
Plannmg Comml5slOn 07-6
ConditIOnal Use Pelmlt 07-1
132 Thll teenth So eet
FebluOIY 7,2007
I ThIS CUP shall not become effectIve for any purpose unless and untIl the Seal
Beach CIty CouncIl has approved FInal Parcel Map 2006-160
2 The declaratIons of condItIons, covenants, and restrIctIons (CC&Rs) or other
applIcable documents relatIng to the management of common area and facIlItIes
shall be subJect to approval by the DIrector of Development ServIces and the CIty
Attorney In addItIon to the CC&Rs that may be reqUIred by the CalIfornIa
Department of Real Estate In complIance WIth TItle 6 of Part IV of DIvIsIOn II of
the CIvIl Code or other state laws or polIcIes, the declaratIOn, proprIetary lease,
cooperatIve hOUSIng corporatIOn bylaws, or other SImIlar document shall provIde
for the follOWIng
A Assignment or Conveyance of Private Open Space. The surface area
and appurtenant mrspace of prIvate open space areas IncludIng an atrIum,
balcony, deck, pnvate patIO, or solarIUm, and any Integral portIOn of those
spaces that may exceed the mInllnUm area reqUIrements, shall be avaIlable
for the exclusIve use of ItS respectIve UnIt as descrIbed and recorded In the
recorded map, except that where the prIvate open space IS totally WIthIn
the boundary descrIbed by the mterIor surfaces of the UnIt, It shall be
aSSIgned, conveyed, or leased as an Integral part of the dwellIng UnIt
B Assignment or Conveyance of Private Storage Areas. The surfaces and
appurtenant aIrspace of pnvate storage areas shall be avaIlable for the
exclusive use of ItS respectIve UnIt as descnbed and recorded In the
recorded map, except that where the prIvate storage space IS totally WIthIn
the boundary descrIbed by the InterIor surfaces of the UnIt, as It would be
In a closet openIng upon a unIt'S room or hallway, It shall be aSSIgned,
conveyed, or leased as an Integral part of the dwellIng umt
C Maintenance. The CC&Rs and other management documents shall
contaIn a prOVISIOn establIshIng the oblIgatIOn and duty of the governIng
body of the proJect to contInually maIntaIn the common areas, when
common areas eXIst, In a manner whIch, at a mImmum, ensures
complIance WIth thIS ZonIng Code and all other applIcable laws,
regulatIOns, and standards
D Assessment for Maintenance of Common Areas and Facilities. In order
to protect the publIc health, safety, and welfare, prOVlSlons shall be made
both for annual assessments for maIntenance and for capItal Improvements
for common areas that are proVIded
E Limitation on Exterior Changes. The CC&Rs shall Include a provlSlon
statIng that the assocIatIOn or IndIVIdual owners or occupants of unItS In
the development shall not, WIthout the WrItten approval of the owners or
homeowners aSSOCiatIOn, as applIcable, and the DIrector of Development
ServIces cause, permIt or approve any materIal addItIons, alteratIOns, or
changes to the exterIor of the development, or reduce or fall to maIntaIn
assessments for the maIntenance and upkeep of the exterIor of the
development
CUP 07-1 132 13th PC Reso
4
Planmng CommiSSIOn 07-6
Conditional Use Pernllt 07-1
132 Thirteenth Street
Febluary 7,2007
F AuthorIZation for Governmental Access and Enforcement. The
CC&Rs shall Include the folloWIng provlSlons In addItIOn to those
IdentIfied above In thIS condItIOn
I A provlSlon statIng that the CIty, County, state and federal
government, and any authorized agency, bureau, or department
shall have the rIght of ImmedIate access to all portIOns of common
areas of the proJect not assIgned for the exclusIve use of the owner
of a partIcular UnIt at all tImes for the purpose of preservIng the
publIc health, safety, and welfare except In those Instances where a
common area IS accessIble only through a prIvate UnIt NotIce of
the rIght of government agency access shall be promInently
dIsplayed In the common areas of the proJect
2 A provIsIOn statIng that authorIzed CIty representatIves shall have
the rIght to enter the development for the purpose of performIng
reqUIred maIntenance and repaIrS In the event the aSSOCIatIOn falls
to do so, and for correctIng or abatmg any nUIsance or vIOlatIOn of
state law or the MUnICIpal Code, In complIance WIth TItle 1
General ProvIsIons, Chapter 1 15 Enforcement, of the MUnICIpal
Code
3 A WrItten procedure for the reImbursement of costs Incurred by the
CIty In performIng any of the acts authonzed by thIS sectIOn or the
CC&Rs
4 A provlSlon statIng that the CIty shall have the rIght to enforce the
proVISIOns contaIned In the CC&Rs as a thIrd-party beneficIary to
them, or In connectIon WIth the maIntenance, repaIr, or utIlIzatIOn
of any easement or other property nghts held by the CIty, eIther on,
appurtenant to, or nearby the proJect
5 A provlSlon statIng that the CIty shall be entItled to an award of
reasonable legal expenses In any actIOn to enforce the proVISIOns of
thIS sectIOn or the CondItIOns, Covenants, and RestrIctIOns
6 Any 0ther prOVISIons WhIch the DIrector of Development ServIces
and CIty Attorney determIne are necessary and reasonable for
ensurIng complIance WIth the proVISIOns of the MUnICIpal Code or
the condItIOns of approval of the proJ ect
G Amendment of the CC&Rs or Other Management Document. An
amendment to the CC&Rs or other management documents that would
amend, delete, modIfy, or otherwIse affect any proVISIon reqUIred by thIS
sectIon shall reqUIre the prIor WlItten approval of the DlrectOI of
Development ServIces To that end, the amendment shall not be effectIve
unless:
1 The text of the amendment shall have been submItted to the CIty
60 days before ItS adoptIOn by the owneIs,
2 The CIty has eIther approved the amendment or faIled to
dIsapprove It WIthIn the 60-day perIod, and
CUP 07-1 132 13th PC Reso
5
Planning COmnllSSlOn 07-6
ConditIOnal Use Permit 07-1
132 Thl1 teenth Stl eet
February 7, 2007
3 The recorded or other mstrument effectIng the amendment shall
recIte that It was submItted and approved or not dIsapproved m
complIance wIth thIS subsectIOn
3 The orIgmal owner shall provIde each purchaser WIth a copy of all reports, In theIr
final, acceptable form, prIor to the purchaser's completIng an escrow agreement or
other contract to purchase a UnIt m the proJect, and the developer shall gIve the
purchaser sufficIent tIme to reVIew the reports CopIes of the reports shall be
made avaIlable at all tImes at the sales office and shall be posted at varIOUS
locatIOns, as approved by the DIrector, at the proJect SIte
4 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
5 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
6 The applIcant shall mdemnIfy, defend and hold harmless CIty, ItS officers, agents
and employees (collectIvely "the CIty" heremafter) from any and all claIms and
losses whatsoever occumng or resultIng to any and all persons, firms, or
corporations furnIshmg or supplYIng work, serVIces, materIals, or supplIes In
connectIOn with the performance of the use permItted hereby or the exerCIse of
the rIghts granted herem, and any and all claIms, laWSUIts or actIOns arlSlng from
the grantmg of or the exerCIse of the rIghts permItted by thIS CondItIonal Use
PermIt, and from any and all claIms and losses occurrIng or resultmg to any
person, firm, corporatIOn or property for damage, mJury or death arIsmg out of or
connected WIth the performance of the use permItted hereby ApplIcant's
oblIgatIon to mdenllufy, defend and hold harmless the CIty as stated herem shall
Include, but not be lImIted to, paYIng all fees and costs mcurred by legal counsel
of the CIty'S chOIce m 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
PASSED, APPROVED AND ADOPTED by the PlannIng CommIssIOn of the
CIty of Seal Beach at a meetIng thereof held on the 7th day of February
2007, by the follOWIng vote
CUP 07-1 132 13th PC Reso
6
Planl1lng ComnusslOn 07-6
ConditIOnal Use Permit 07-1
132 Thirteenth Street
FeblUOIY 7, 2007
AYES CommISSIOners BELLO, LADNER, O'MALLEY, AND ROBERTS
NOES CommIssIOners DEATON
ABSENT CommIssIoners
ABSENT CommIssIOners
~-C.RA~
-Ellery Deat ,.. ChaIrman
PlannIng CommIssIOn
CUP 07-1 132 13th PC Reso
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