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Home My WebLink AboutCC Res 4028 1991-03-25 ~- RESOLUTION NO.~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH CONDITIONALLY APPROVING MINOR PLAN REVIEW 15-90 TO PERMIT THE EXPANSION OF A NONCONFORMING APARTMENT STRUCTURE LOCATED AT 601 OCEAN AVENUE THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: Section 1. Mitchell Sheltraw, on behalf of Albert Brown I ("applicant" hereinafter), filed an application for approval of Minor Plan Review 15-90. The application is for the remodeling and expansion of a nonconforming, four-unit apartment structure located at 601 Ocean Avenue. The application proposes an exterior remodel and the addition of 1,019 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. 1614. 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 bi-the Planning Gommission on November 28, 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 A.l.iA, the Report of the Planning Commission, inClUding the Staff Report of November 7, 1990; Planning Commission Resolution No. 1608; the Minutes of the Planning Commission meetings of November 7 and 28, 1990; the appeal filed on December 14, 1990; the City Council staff report and Minutes of January 14, 1991; the Planninq Commission Staff Report and Minutes of February 6, 1991; planning Commission Resolution No. 16149; 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 considered by the Council, the Council hereby findst I a) The subject apartment building is a nonconforming structure in three significant respects. The structure contains four units. Current zoning and density regulations would permit only two units on the property. The property contains only four off-street parking spaces. Current parking regulations require eight off-street parking spaces for four-unit structures. The structure is set back only six feet from the rear property line. CUrrent setback requirements require a minimum of nine feet for the subject property. Thus, if the subject property were developed under current zoning and density regulations, the largest I I I Resolution Number ~~tr 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. } 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 l 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 intensifiClation of use, provides one-half of.. the parking spaces required for a four-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 e.xpressly 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 1,019 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. Section 7. Based upon the foregoing, the City Council of the city of Seal Beach does hereby approve Minor Plan Review 15-90, as originally submitted to the Planning commission for consideration on November 7, 1990 subject to the following conditions: a) Minor Plan review 15-90 is approved for the remodel and addition of 1,019 square feet of living space to a legal non- conforming structure at 601 Ocean Avenue. b) New 100 amp electrical service shall be installed for each of the four (4) units. Resolution Number ~~ c) Hard wired smoke detectors shall be installed in each apartment in accordance with the provisions of the Uniform Buildina Code. d) The garage shall be fitted with 5/8 type"X" drywall. e) The electrical lines in the garage shall be rewired in accordance with Uniform Buildina Code provisions. f) All construction shall in substantial compliance with the plans approved through Minor Plan Review 15-90, as I originally submitted to the Planning Commission for consideration on November 7, 1990. g) Applicant shall provide the City evidence documenting to the satisfaction of the City Attorney that a oovenant 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 the garage will be used for parking of vehicles. The City reserve~_ the right to inspect garages to ensure that each garage 'will accommodate the parking of vehicles. PASSED, APPROVED AND ADOPTED by the City Co~~~l of the Sea Beach at a meeting thereof held on the ~~.~ day of , 1991, by the following vote: AYES: Councilmembers I NOES: Councilmember ABSENT: Councilmembers (!f;~ ~ y~ MAYR I I I I " "\ "-,..... ~ 'lo" .. \ Resolution Number '.2.8 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 1~~ing resolution is the original copy of Resolution Number on file in the office of the City Clerk, pa e, approved, and adopted by the city Council of ~~City of Se each, t a regular meeting thereof held on the ~~ day of , 1991. " , ResoLution Number ".zB 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} c, C'..l.:.I\M.k.L,. ..-. ",., d'! all in the year 192Q. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, 0'11 1 this day of "lR(' 1990. C '1 'Ir-fL....1. h_c,L_ "....-' J Signature PUBLICA~ION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213) 430-7555 This space is for the County Clerk's Filing Stamp I Proof of Publication of ~qI!lir.~ .~q'1;r.~E.I.~qql.i.q .1!~a.X;i.n.<J. . . . ~ f),.or.~ ~.,f .'lJ/WtrYI '1"". ,]; UI ,,,) /-:>. 'io . r,-.:-... \).... . . .r'.... ~... I......... .. . . -- -~--- ,~-- .. NonCE OF HEAflING , ' 'APPfAL OF MINOR PlAN 'NOTICE IS HEREBY GIVEN 1hai REVlEW1~ ,lhe cay Councl a11he, CIty 01 Seaf .!IIIlIIIIIt Ile8ch will hold a hearing on Mon'1 Appeal 01 Planning Commlulon day, JanuaIy, 14, 1,~..1 at7:00p.m.. denIal 10 add the permissIble In;Clty Councn,~,!I'IIbel8, 211~ IqUIIllIllolage (IBn peant POl'D , Eighth Street, Seal 8each;'CA 10' 10 lhe structure at 601 Ocean' , cP!1Sider thelolowing 1IlIm: , Avenue In Dlatrlctl to bring tile bulldi'lg 10 compellllve s1alus kl1he mark8l piece. EnWonmental R8visw; 111111 pIlljecllll calegoIiceIIt 8X8IllJlI from CECA review. I'MA Ssctians. I 26-601, 26-802, 26-2407 ADoIIcant I4IdleII Shellraw, Archllecl Qla[; AIberI J, Brown At the above Ume and place aft kl1ilres1IlcI peraoi1a may be hBd . 10 cle8lred. If you challenge lhe ' prgpceecI ac1Iona In COllI\, you may be limned 10 raising only those Issues you or aomeolll else raised. at the hearing described In this notice, or In written correspon. dence deIhI8red 10 1he CIIy 01 Seal 8eech eI, or prior Ill, lie '-Ing. Copies 01 the above referenced environmental documenl8 are available lor review at: CIty Hell; 211 8ghth Street and the Mary . Wilson Library, 707 ElectriC, Avenue, Seal8each, Callbnla. , DATED THIS 18th day 01 Decem. I ber,l990. ' ~ Joanne M. Yeo, ~ Clerk ' CIty 01 SealIleldI December '0, 1990. J ' FItished 11.. SlIIIIIllB::h.bmal ' I I 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 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 sm aller than nonpareil). has been published in each regular and entire Iss.ue of said newspaper and not In any supplement thereof on the following dated, to-wit: -:::(.f....h/IAA-')/~.I .~)?' if all In the year 19.1i:.. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this ,:}?: day of 4;..t/J., 19~L (1] ,--ff, . t: ---.. _./ /) rr1;t6' It' )A..4/jj ttJ i Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555 ,ReSOlu~ion Number ~,;z8 This space for for the County Clerk's Filing Stamp Proof of Publication of , - I'. { , it'':'"' I'.. .../ (~",. i.{j:!,:&,/c' ........... .).,.... .j...,....:7 .").tl,1 l'<.,I/'e..:~) I~'- 9D .......... I.................. NOTICE OF HEARING CMI SRctians: 28-801, ~ 28-2407 NoncE IS HEREBY GIVEN 1hal ~............ !he cay CoII1cI 01... CIIy 01 Sell, ~heII SheIIraw Beach wII hold a hailing on M0n- day, Man:h 11, 1991117:00 p.rn. ~ QlmII; lIIe CIIy CouncD CI1amberl, 211 Albert J, Btown ~ SlreeI, SeIIIIlIltcll, CIIIlIr- nla tl consider tleltlUclwftg 1Iam: ASlha lIbove lime and place all 'dlneslltd per8ClII8 may be hEd K so desired. If you challenge 1IIe proposed llC1iona In court, you may be Umlled to raiSing only lIIose !II!IYIIt ..... you or IllIII8CIte elite IlIised Appeal 01 Planning Commission at lha heartng descrtbed In IIIIs . conditional approval to add 1IIe notice, or in wrl1ten correapon. permissible square footage (ten dence cIeIwIId tltle CIIy 01 Seal percenl [10%]) to 1IIe structure: Beachal, orprlortl,!he hearing. located aI 601 Ocean Avenue In : District I tl bring lha Sl/UCIUre tl! Copies oIlIIe abova referenced competitive slatus In 1IIe market I environmental documents are place, available for ravlew at: CIIy Haft, 21t E1ghlll Street and lIIe Mary Wilson Library, 707 Electric "'- Sell BeacIl, CA APPfAL OF IIINOR PLAN REVIEW 15-80 ~nvlmnrNIntal RfIWNr. ThIs projscl is calsgoti:aIIy exempl from CEQA review. DATED THIS 22nd day 01 Febru- ary.l991. Joame M. Yeo. CIty CIertI cay 01 Sell Beach FebrusIy 2B, t99t NiIhttd~" SaslIlsachJcunlll