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Home My WebLink AboutCC Res 4027 1991-03-25 RESOLUTION NO .#0<<'7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONDITIONALLY APPROVING MINOR PLAN REVIEW 13-90 TO PERMIT THE EXPANSION OF A NONCONFORMING APARTMENT STRUCTURE LOCATED AT 123 8TH STREET THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: I section 1. Mitchell Sheltraw, on behalf of Albert Brown ("applicant" hereinafter), filed an application for approval of Minor Plan Review 13-90. The application is for the remodeling and expansion of a nonconforming, five-unit apartment structure located at 123 8th Street. The application proposes an exterior remodel and the addition of SOl square feet of livable area. After the original application was denied by the Planning Commission, appealed to the city council, and remanded to the Planning Commission by the City Council, the applicant revised his plans. The Planning Commission approved the revised plans with conditions as set forth in Planning Commission Resolution No. 1611. The applicant is appealing the determination of the Planning Commission, and requesting the plans to be approved as originally submitted. Section 2. The original application was denied by the Planning Commission on November 8, 1990. On January 14, 1991, the City Council voted to affirm the decision of the Commission. However, in reliance upon representations by the applicant and his representative that they would revise the plans to remove certain walls unless Code requirements prohibit their removal, the Council granted applicant's request to reconsider its decision and remand the matter to the Commission. Section 3. The Planning Commission considered the I revised building plans on February 6, 1991 and, after extensive public input and discussion, conditionally approved the plans for the proposed remodel and addition. Section 4. An appeal of the decision of the Planning Commission was duly filed with the City by the applicant on February 15, 1991, requesting approval of the project as originally submitted, without the conditions imposed by the Planning Commission. Section 5. The city council held a duly noticed pUblic hearing on March 11, 1991. The City Council received into evidence, inter ~, the Report of the Planning Commission, including the Staff Report dated October 3, 1990; Planning Commission Resolution No. 1607; the Minutes of the Planning Commission meetings of October 3, November 7 and 2S, 1990; the appeal filed on December 14, 1990; the City Council staff report and Minutes of January 14, 1991; the Planning Commission Staff Report and Minutes of February 6, 1991; Planning Commission- Resolution No. 1611; and the appeal filed on February 15, 1991. In addition, the City Council considered remaining documents in the City file and all oral evidence presented at the time of the pUblic hearing. Section 6. Based upon the evidence presented to and I considered by the Council, the Council hereby finds: a) The subject apartment building is a nonconforming structure in three significant respects. The structure contains five units. Current zoning and density regulations would permit only two units on the property. The property contains only three off-street parking spaces. CUrrent parking regulations require ten Off-street parking spaces for five-unit structures. The structure is set back only four feet from the rear property line. Current setback requirements require a minimum of nine feet for the subject property. Thus, if the subj ect property were developed under Resolution Number ~.2 7 , I current zoning and density regulations, the largest permissible structure would be two units with a minimum of four off-street parking spaces, set back a minimum of nine feet from the rear property line. b) The city Code of the City of Seal Beach regulates nonconforming structures. Pursuant to Section 28-2407, nonconforming residential buildings may not be enlarged or structurally altered unless the expansion complies with. the specific provisions contained therein. Relevant to this application: Section 28-2407 A.2(i)(2) provides, "The number of bedrooms may not be increased if the subject property is nonconforming due to density." As stated in subsection (a) above, the subject property is nonconforming due to density. Thus, the proposal may be approved only if there is no increase in the number of bedrooms. I c) In reviewing both the initial application and the revised plans, the planning Commission and City council were concerned about the potential adverse impact the expansion may have on the city's limited parking resources. The subject property is' surrounded by a mixture of residential uses in the Residential High Density Zone (RHO). The paucity of available parking is well documented in the record. The subject property itself, without any expansion or intensification of use, provides less than one-third of the parking spaces required for a five-unit apartment building. Other properties in the area are also non-conforming with respect to density and required parking. An expansion of the nonconforming structure on the subject property in any fashion that would lend itself to the creation of additional bedrooms would exacerbate the demand on the limited parking resources in the area. Without mitigating conditions, the areas identified on the plans as "den" could easily be used by subsequent owners or tenants as a bedroom. Thus, without appropriate conditions to mitigate the potential impacts arising from the potential use of such space, the project cannot be approved pursuant to Section 28-2407 A.2(i)(2). Such section (as is true with other similar provisions in the Code) is expressly designed to prevent increases in density of nonconforming structures. d) The conditions imposed herein are reasonably related to mitigating the potential adverse impacts arising from the project. If the project contained any space that might be used for additional bedrooms, the increase in occupancy would unduly burden parking resources, increase traffic congestion, and would create other adverse impacts arising from increased density. The conditions herein, designed to place future owners and tenants on notice that the units are one bedroom and the garage is for parking of vehicles, are narrowly tailored to meet the objectives of the city. Such conditions do not in any way restrict the applicant from constructing the desired additional space of 801 square feet. They merely ensure that the structure is used in the manner in which it was designed and in accordance with the City Code -- garages to be used for parking vehicles, and non-sleeping areas not to be used as bedrooms. I Section 7. Based upon the foregoing, the city Council of the city of Seal Beach does hereby approve Minor Plan Review 13-90, as originally submitted to the Planning Commission for consideration on October 3, 1990 subject to the following conditions: a) Minor Plan review 13-90 is approved for the remodel and addition of 801 square feet of living space to a legal non- conforming structure at 123 8th Street. rewired. b) All electric meters shall be replaced and the garage ResolJ:ut'ion Number ~.t7 I c) Hard wired smoke detectors shall be installed in each apartment in accordance with the provisions of the Uniform Buildina Code. d) Drywall shall be installed throughout the garage, including around existing steel posts, with 5/8 type "X" drywall. e) The existing exterior staircase shall be removed (as per approved plans). f) All construction shall in substantial compliance with the plans approved through Minor Plan Review 13-90, as originally submitted to the Planning Commission for consideration on October 3, 1990. g) Applicant shall provide the City evidence documenting to the satisfaction of the City Attorney that a covenant has been recorded in the Orange County Recorder's Office against the subject property diSClosing that the units are one bedroom units and cannot be advertised for lease or sale, or leased, or sold as two bedroom units. Such covenant shall not be expunged without the written permission of the City. h) To ensure that the garages located on the subject property are being used for the parking of vehicles, each lease of a unit assigned a garage shall include the provision that tihe garage will be used for parking of vehicles. The City reserves the right to inspect garages to ensure that each garage will accommodate the parking of vehicles. fJ2t PASSED, APPROVED AND ADOPTED by the City Counci~ of the City eal B,ach at a meeting thereof held on the o?$"(;! day of ~4."'4. ~ ' 199, Y the foIl ing v. t : ) . . AYES: Councilmembers NOES: ABSENT: councilmembers Councilmembers --?ffct-J ~. :J~~~ MAYOR I I I I I I Resolu&i"d:rf Number ~,,21 , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the~egOing resolution is the original copy of Resolution Number ~ on file in the office of the city Clerk, p sed, approved, and adopted by the city Council of the City of S Beach, at a regular meeting thereof held on the ~~~ day of , 1991. . Resolution Number /It; ~ 1 I PROOF OF PUBLICATION (2015.5 C.C.P.) 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 pa~ty to or inter- ested in the above-entitled matter. I am the principal clerk of the pri- nter of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudg- ed a newspaper of general circula- tion by the Superior Court of the County of Orange, State of Califor- nia, 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 sup- plement thereof on the following dates, to-wit: r "r1 "')Q Uo,\., hi.) r7 all in the year 1990. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this ..y 1 ( day of L'" ~ 19~. C~JMlliJ'vC< L,...,..,.,- ,) Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Bolt 755 Seal Beach, CA 90740 (213) 430-7555 This space is for the County Clerk's Filing Stamp I Proof of Publication of P!qE!Ii:r.~ .~q<J::r.~E.I.~u.~J.i,~ .!!~a.t:i.n.'i . . . f: M',J: d --t)/",;"tY> )/-'/1.' &viw I]. '1c L.-l-fJ,.--.. . . .",. . .. .. . .. .. . JJ.p. . .. . . . . .. .. . . .. " N~CE OF HEARING . At the Ibove time and place all; NOTICE IS HERESY GIVEN lhaI[1nta/lIB1Itd pentOI1I may be heard W. lhe CIly Ccxmcl 01 the CilJ of Seal SO'deslred. W you challenge the Beach wII hold a hearing on Man-,' propott8d acIIans In court, you may ~,JanU8l\'. 14.1991 817:OOp.m., bellmll8d to raising only those In City Councn Chambers, 211 r IsSues you or someone eI8e raised EIghlh Street, Seal Beac~ CA "1 althe hearing deecrlbad In this : consider lha IoIIowIng 1Iem. 1 notice, or In written correspon- APPEAl OF MINOR PlAN 1 dence delvenld " the City of Sea! REVIEW 13-90 . Beach III, or prior \), lhe heerIng. ! JlggllllIt ; Copies of the Ibove referenced Appeal of Planning Commission' environmental documenbt are denial 10 add the permissible! avallallle lor review at CI1y Hall, square looIage (ten Jl8IC8IIl [111%D~J~11 Eighth Streel and the Mary 10 the'slructure 81123 EIghth In ~Wllson Ubrary, 707 Electric Olslrlct I to b~ng lhe building to! A_, Seal Beach, CaIfamIa. competl1lve status In lha market'" , place. t" DATBl THIS 18lh day of Decem. I ~1~ , EnvImnmenblJ RtnIIew: ~oenll8 M. Yeo, CI1y Clerk ThIs ptOjecIls caI8gcIIcaIIy 8X8IIIpI, CI1y 01 Seal Beach , from CEQA review. :, . " i ~ber27, 1990. '!'M' '. A.IlIsIBI b.. SeelIletI:h .bIIlIi I Code SectIons. ~28-801, ~ 28-2407 , ; ADDlicant . MIlcheU SIIe1raw, ArchiIIIcI Qlmm; ,Albert J. Brown I /' Resolutio~.~umber ~.:z1 , , PROOF OF PUBLICATION (2015.5 C.C.P.) 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 JOURNAL. a newspaper of general circulation, printed and published weeklv 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 I newspaper and not In any supplement thereof on the following dated, to-wit: --::( e~~ d 8" all in the year '9~L This space for for the County Clerk's Filing Stamp Proof of Publication of ...: n.c,f ~ .~..L.. .~{:-. fif...4'J-!-!'fJ ,/1 - jl' :Ii ?/J 1 ,~y! 0: ,li ~\ ,..-"- v , e.;,.J 1./ - 70 ............................ . NOTICE OF HEARING I Copies 01 the above referenced i environmental documentl ere NOTICE IS HEREBY GIVEN 1hat i iVellBbIe lor rvvlew at CIty, HeI, the CIty CoIIlcH 01 the cay 01 SeelI 211 Eighth Siree! end the MIry 8eech wi hold a '-1ng on Man- Wlllon Library, 707 electric day, March 11,1991 at 7:COp,m.1n Avanue, See! Beach, CA the CIIy CouncO Chambers, 211 EVhth Slreet See! Beach, CaBIor, DATED THIS 22nd day 01 Feb"" nIB lD conalder the IoIIowIng 1tIIm: '8ry, 1991. ' 'Joanne M. Yto, cay Qe/k CIty 01 Seal ~ I certify (or declare) under penalty of perjury that the foregoing Is true and correct. APPEAL OF IllNOR PLAN REVlEW1MO FebnIlIy 28, 1991. BIlIIIIIt I NIlhed h18S11111I11B:1i.bnl Appeal of Planning Commlallon condltional approval to add the permissible square 1oo11ge (len percent (lO%D to the Itructure IocaIItd at 123 8th Street In llIafllct 110 bllng the lructure lD compel. tIve aIatuIln the market p1aca. EnvIronrn4tnbJI Rovtow: lbll project II catagoricaIy exempt 110m CECA review. Dated at Seal Beach, California, this ;7';5' day of '1itb ,19J!.L C-,--{ ift'tJ.f...I.l.J. fJ/~Vl'l~ (j Signature t".NtA SRetbn.' 28-801, 28-al2, 28-2407 Apdbnt t.IIl:hal SheIIIaw QIac AIlartJ. Brown PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555 AI the above time and place all 1nIo_ peIICIII may be _ K 10 desired. II you challenge the popOlI8d acIons h caurt, you may be limited to raising only tho.e Isaues you or _ eIaa railed at the hearing described in this notice. or In written correapon. i dence deIvered lD!he cay of Sell i Beach at, or prior", !he hearing. I