HomeMy WebLinkAboutCC Res 4122 1992-02-10
RESOLUTION NO.~~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING CONDITIONAL USE PERMIT 12-91, AN AFTER-
THE-FACT MODIFICATION OF THE FLOOR PLAN APPROVED
THROUGH CUP 4-89 TO INCLUDE A RECREATION AREA
CONSISTING OF A WET BAR AREA, RECREATION ROOM, SPA ROOM
AND A BATHROOM IN CONJUNCTION WITH AN EXISTING DUPLEX
LOCATED AT 1120 CENTRAL AVENUE, SEAL BEACH.
THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND:
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WHEREAS, on July 24, 1991, Bruce M. Stark and Michelle A.
Brendel filed an application for CUP 12-91 with the
Department of Development Services to expand an
existing duplex located at 1120 Central Avenue, Seal
Beach.
Specifically, the applicants have requested the after-
the-fact modification of the floor plans approved
through CUP 4-89 to convert garage, landing and storage
area to habitable living space. Such space includes a
new kitchen, 2 new bedrooms and 2 new bathrooms; and
WHEREAS, the subject property is legally described as portions
of Lots 45 and 47, Block 11, of the Bay City Tract as
shown in a map recorded in Book 3, Page 19, of
Miscellaneous Maps, Records of County of Orange,
California and is also described as Orange County
Assessor's Parcel Number 178-461-50; and
WHEREAS, the subject property is flat topographically and nearly
square in shape measuring 50' x 55' (2,750 square
feet); and
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WHEREAS, the subject property is located on Central Avenue, 92
1/2 feet west-northwest of the centerline of 12th
Street and consists of a three-story, two-unit
apartment, currently undergoing a condominium
conversion; and
WHEREAS, the subject property is surrounded on all sides by a
mixture of single family and multi-family residences in
the Residential High Density zone (RHO); and
WHEREAS, the subject property received CUP 4-89 allowing a major
remodel and addition of approximately 811 square feet
of habitable living area and 1,620 square feet of
garage, laundry and storage areas to the existing
nonconforming duplex. The total area added to the
duplex through CUP 4-89 was 2,431 square feet.
Specifically, the breakdown of the project was as
follows:
UNIT A:
Floor Area:
Parking:
unit Type:
UNIT B:
1,392 square feet
Two standard, one tandem space
1 bedroom, 1 1/2 baths
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Floor Area:
Parking:
Unit Type:
1,946 square feet
Two standard, one tandem space
2 bedrooms, 2 1/2 baths; and
WHEREAS, the Planning Commission approved a condominium
conversion of the subject duplex at its September 19,
1990 meeting. Said condominium conversion is presently
being finalized; and
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Resolution Number ~~
WHEREAS, in January 1991, the city initiated code enforcement
proceedings against the subject property based upon
complaints of an unpermitted remodel of the garage
area; and '
WHEREAS, a duly noticed public hearing was held on September 4,
1991 and was continued to October 2, 1991 and to
November 6, 1991; and
WHEREAS, on December 18, 1991 the Planning Commission adopted
Resolution No. 1607, denying CUP No. 12-91; and
WHEREAS, an appeal of the denial by the Planning commission of
the requested Conditional Use Permit was duly filed
with the City; and
WHEREAS, the City Council held a duly noticed public hearing on
January 27, 1992; and
WHEREAS, at the January 27, 1992 public hearing, the city
Council received into evidence, inter alia, the Report
of the Planning Commission, which included:
1) The Planning Commission Staff Report of
september 4, 1991, with Attachments.
2) The Planning Commission Minutes of September 4,
1991.
3) A letter from Bruce Stark to Lee Whittenberg,
dated September 27, 1991.
4) The Planning Commission Staff Report of October 2,
1991, with Attachments.
5)
The Planning Commission Minutes of October 2,
1991.
6) Exhibits submitted to Planning Commission by Bruce
Stark at November 6, 1991 Public Hearing
(Exhibits 1 through 32).
7) The Planning Commission Minutes of November 6,
1991.
8) The Planning Commission Staff Report of
December 4, 1991, with Attachments.
9) The Planning Commission Minutes of December 4,
1991.
10) The Planning Commission Staff Report of
December 18, 1991, with Attachments.
11) The Planning Commission Minutes of December 18,
1991.
12) Planning Commission Resolution No. 1651,
recommending denial of Conditional Use Permit 12-
91.
13) The appeal by Bruce Stark, dated December 24,
1991.
14) A Chronology of Events reI Conditional Use Permit
12-91.
In addition, the City Council considered all oral and
written testimony and evidence presented at the time of the
public hearing.
Resolution Number ~//.2~
1. Based upon the evidence presented, the City Council hereby
finds:
The non-permitted improvements which are the subject of
this application are of a design that lends itself to
use as an non-permitted additional dwelling unit on the
property.
Occupancy of a non-permitted additional dwelling unit
would make the use of this property incompatible with
surrounding uses and with the community in general
because it would exacerbate existing parking problems
and would contribute to the cumulative overtaxing of
sewer, water, electrical and other infrastructure.
with respect to the parking problem, the previouSly
approved expansion permitted pursuant to CUP 4-89
provided additional parking over and above the minimum
parking spaces required by the Code. The addition of a
third unit, occupying the space previously designated
for that additional parking would exacerbate existing
parking problems in two ways: (i) Occupants of the
third unit will need parking; and (ii) the space
wherein the nonpermitted improvements are located
previously contained the two additional spaces. Thus,
the addition of habitable living area which could be
utilized as a third dwelling unit not only deletes two
preexisting spaces, but adds to the demand for
additional parking not provided on-site.
D. Enforcement of the City's density requirements is
necessary to protect the public health, safety and
welfare and approval of the proposal without
appropriate conditions, would undermine efforts to do
so by facilitating the occupancy of a non-permitted
unit.
A.
B.
.
C.
E.
The non-permitted addition of a kitchen, two (2)
bedrooms (as defined in Section 28-210 of the Code of
the City of Seal Beach) and two (2) bathrooms to the
garage area of the subject property creates a new
dwelling unit and, therefore, violates Section 28-2400
of the City Code. The subject property, even without
the additional dwelling unit, is already nonconforming
in that the existing structure exceeds the maximum
density permitted for the site under existing zoning.
Existing zoning permits only one dwelling unit. The
structure, built prior to the enactment of existing
zoning regulations, contains two units. Thus, the
duplex is a preexisting, legal nonconforming use.
Section 28-2400 provides that no additional use may be
established on any lot containing a nonconforming use,
unless such additional use is conforming and such
additional use does not increase the nonconformity.
Without conditions to ensure that the addition of
habitable living area is not illegally converted into a
third unit, the application cannot be approved because
the addition of a third unit constitutes an increase of
the nonconforming density of the subject property, in
violation of Section 28-2400.
Although permitting space that could be used as a third
unit is contrary to the pUblic health, safety and
welfare, the addition of a recreation area consisting
of a wet bar area, recreation room, spa room and a
bathroom as conditioned by this Resolution is
consistent with the provisions of the Zoning Ordinance
which permit accessory uses for nonconforming
residential structures.
F. The conditions imposed hereby listed below, including
the permanent removal of the kitchen facilities, will
prevent future use of the premises as an illegal three-
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Reso'lution Number 4/,,2,.2-
unit complex, and are necessary to prevent an illegal
expansion of the nonconforming duplex into a three-unit
complex.
2. Based upon the foregoing, the city Council of the city of
Seal Beach does hereby approve Conditional Use Permit 12-91
subject to the following conditions:
A)
Applicant shall remove the following facilities which
were installed without necessary permits:
1) Range top
2) Dishwasher
3) Oven
4) Existing island cabinets (upper and lower).
5) Any utility services to the removed fixtures
and appliances (including removal of 220 volt
electric line, capping unneeded plumbing and
gas lines, limiting the number of breaker
switches on service panel to those sufficient
for permitted fixtures).
B) Applicant shall remove one of the bathrooms.
The CC&R's and Condominium Plan for the proposed
condomin1um conversion shall be amended to clearly
describe the remodeled first floor recreation area,
including the facilities provided within the recreation
area, and clearly indicate that the first floor
recreation area is not to be utilized for residential
living purposes. Final CC&R's and Condominium Plan
shall be submitted for City Attorney and Planning
Commission review and approval.
D) Applicant shall submit revised building plans prepared
by a licensed architect or engineer to the Planning
commission for review and approval prior to submission
for plan check and building permit review. All
appropriate Building Code Investigation Fees, Permit
Fees, and Plan Review Fees as set forth in section 304
of the Buildina Code, as amended by City Council
Resolution No. 3960, shall be paid. The plans required
by this condition shall include:
C)
1) Revised plans for modifications to tandem
parking areas for requested recreation area
(building, plumbing, electrical, etc.).
2) Revised plans for modifications to living
units for provision of laundry facilities
(~uilding, plumbing, electrical, etc.).
E) Applicant shall revise plans to indicate spa
installation in the rear of the recreation area.
F)
Necessary after-the-fact inspections shall be conducted
by the building Department, and all additional ~
violations, if any, shall be corrected pursuant to
pl~ns approved by the Planning Commission.
Applicant shall remove the center wall to allow
suitable area for recreation room separate from spa
room.
G)
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H) Applicant shall comply with all conditions of approval
of CUP 4-89 and CUP 10-90, insofar as they are not
inconsistent with the conditions of approval of
Conditional Use Permit 12-91.
Resolution Number ~/~
PASSED, APPROVED AND ADOPTED by the city Council ~ the city of
Seal Beach at a meeting thereof held on the /tJ - day of
February, 1992, by the following vote:
AYES:
Councilmembers
NOES:
Councilmembers
AB,STAIN,:
councilmembers
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby
certify that the f~gOing resolution is the original copy of
Resolution Number ',.7,.:6 on file in the office of the City
Clerk, passed, a roved, and adopted by the City Council of the
c~t of Seal Be at a regular meeting thereof held on the
~ day of , 1992.
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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.entltled 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 2/24175.
Case Number A82583; that the notice
of whlch,the annexed is a printed
copy (set in type not smaller than
nonpareil), has bee,n published In
each regular and entire issue of said
newspaper and not in any supplement
thereof on the following dates, to-wit:
I
-LL,"--\/O'\u'f I II!
all In the year 19..92... <...,
I certify (or declare) under penalty of
perjury that the foregoing Is tn.:e and
correct.
Dated at Seal Beach. California,
this l!.i day of -lu.l\ ,19~.
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PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430-7555
'Resolution Number 41"z;t
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
PUBLIC NOTICE/Public Hearing
. . . . . . . . . . . . . . . . . . . . . . . . . . I" .
C':'i.t,J.i):, n v<,,( . .U'Sq . .d1{illl.1: . j,l-Cj /
NOTICE OF I Code """"""",
PUBLIC HEARING ! 28.203, 28.210, 28-800 Ihroug/l
28.802, 28.2503, 28'.2504, 28.
NOTICE IS HEREBY GIVEN 11181 ' 2407(3)
the Crty ColInal 01 the Crty of Seal I
BelICh win hold a public haartng on ! ~
Monday, January 27, 1992, .t7,00 Buco M. Stark lI1d IotiIBIe Ihnclel
o m in the Crty CouncD Chambers,
211 EIghth Streat, Seal 8aach, llr/nI[;
Callfomia, tl consider Iha following Same
-,
CONDlTlONAL USE PERMIT 12-91
(APPEAL)
1120 CENTRAL AVENUE
fillgllII!:
Afior,lha,t.":I.pprOval of illagally
: constructaa impravemsnflllo an
! aXlsting _18 811120 Can1raI
A_ua,
ErNllnnmentaf ABww
ThIs prajaclls catogoric:aJly axampI
lrom CECA nMaw,
Atlha aboVa time and place all
InI8/8SIId paIIOII8 may be haanll
10 dsslrad. II you chaUange tha
proposad acIions in court, you may
be limited 10 raising only those
issuas you or SOlOtlOI1I alae raised
1lI1ha pullOc haarlng de8crlbad In
this nollce, or In wrtl1IIn 00fl88Il0/l'
dance dalvered tllha cnv of Seal
Baach a~ or prior to, the public
haar\'lg,
DATED THIS 71h day of JanU8l'f,
1992.
Joanne Yeo, cay CIal1c
ClrdSasl8B:h
January 16, 1992.
FlilIIhBd hleSael Baech Journal,