HomeMy WebLinkAboutCC Res 4003 1991-01-14
RESOLUTION NUMBER ~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH DENYING MINOR PLAN REVIEW 13-
90, A REQUEST FOR REMODEL AND ADDITION TO A
NONCONFORMING FIVE (5) UNIT APARTMENT LOCATED
AT 123 EIGHTH STREET, SEAL BEACH
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE,
DETERMINE AND FIND:
Section 1. On September 18, 1990, Mitchell Sheltraw I
filed an application with the Department of Development Services
for Minor Plan Review 13-90, a request for remodel and addition
to a nonconforming five (5) unit apartment located at 123 Eighth
Street, Seal Beach.
Section 2.
Assessor's map book
approximately 4,406
The subject property, Orange County
199 block 033 parcel 4, contains
square feet of lot area.
Section 3. The subject property is legally nonconforming
due to density, parking and inadequate rear yard setback.
section 4. The subject property provides three (3) of
the ten (10) required parking spaces (30%).
section 5. The applicant is proposing the addition of
approximately 801 square feet, including four (4) new dens.
section 6. Section 28-210 of The Code of the City of
Seal Beach defines a bedroom as follows:
"Bedroom" means, for purposes of determining
required parking spaces, all rooms other than
a living room, kitchen, hall, pantry, closet
or bathroom."
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section 7. Section 28-2407.A.2.(i)(2) of The Code of the
City of Seal Beach prohibits an increase in the number of
bedrooms if a property is nonconforming due to density.
section 8. The subject property is surrounded by a
mixture of residential uses in the Residential High Density zone,
(RHD) .
Section 9. On October 3, November 7 and November 28,
1990, the Planning Commission of the City of Seal Beach, at
meetings thereof, considered Minor Plan Review 13-90.
Section 10. The planning commission made the following
findings on November 28, 1990 regarding Minor Plan Review 13-90:
1. The addition of four (4).dens to the subject
property constitutes the addition of four (4)
bedrooms, as defined in ~28-210 of the ~.
2. The addition of four (4) bedrooms will intensify
the use of the subject property.
3.
In rental units there is a high correlation
between the number of bedrooms and the number of
occupants. An increase of four (4) bedrooms on
the subject property has a high probability of
increasing the number of tenants and thus,
increasing demand for the already substandard
parking.
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Resolution Number ~J
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Section 11.
Commission was duly
December __, 1990.
Section 12.
January 14, 1991.
An appeal of the decision of the Planning
filed with the City by Mitch Sheltraw on
The City Council noticed a public hearing on
Section 13. The City Council received into evidence 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 28, 1990, and the appeal filed by the appellant,
Mitch Sheltraw. In addition, the City Council considered all
oral evidence presented at the time of the public hearing.
Section 14. Based upon the evidence presented, the City
Council hereby finds:
1. The addition of four (4) dens to the subject
property constitutes the addition of four (4)
bedrooms, as defined in S28-210 of the Code.
2. The addition of four (4) bedrooms will intensify
the use of the subject property.
3. The addition of four (4) bedrooms is not permitted
in accordance with the provisions of Section 28-
2407.A.2. Ii) (2) of the Code of the City of Seal
Beach, since the required number of off-street
parking spaces are not to be provided.
4.
In rental units there is a high correlation
between the number of bedrooms and the number of
occupants. An increase of four (4) bedrooms on
the subject property has a high probability of
increasing the number of tenants and thus,
increasing demand for the already substandard
parking.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City
of Seal Beach does hereby deny Minor Plan Review 13-90. However
when the City Council lifts the moratorium on development of
projects within the provisions of section 28-2407(2) Ii) of the
Seal Beach Municipal Code, this applicant may immediately file a
new application to develop his property in accordance with the
then current development standards.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Seal Beach at a meeting thereof held on the 14th day of January,
1991, by the following vote:
AYES:
Counci1members
NOES:
Counci1members
ABSENT:
Councilmembers
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Resolution Number ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, ~,;'erk of Seal Beach, California, do hereb, I
certify that the fo going resolution is the original copy of
Reso tion Number on file in the office of the City Clerk,
passe , approved, nd adopted by the City Council of t~~ctty of
Se each, at a regular meeting thereof held on the/~ day of
1991.
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