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HomeMy WebLinkAboutCC Res 4004 1991-01-14 I I I . '" RESOLUTION NUMBER ~ A RESOLUTION OF THE CITY COUNCIL OF. THE CITY OF SEAL BEACH DENYING MINOR PLAN REVIEW 15- 90, A RE~UEST FOR REMODEL AND ADDITION TO A NONCONFORMING FOUR (4) UNIT APARTMENT LOCATED AT 601 OCEAN AVENUE, SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE AND FIND: Section 1. On October 25, 1990, Mitchell Sheltraw filed an application with the Department of Development Services for Minor Plan Review 15-90, a request for remodel and addition to a nonconforming four (4) unit apartment located at 601 Ocean Avenue, Seal Beach. Section 2. Assessor's map book approximately 5,500 The subject property, Orange County 199 block 032 parcel 20, 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 four (4) of the eight (S) required parking spaces (Sot). Section 5. The applicant is proposing the addition of approximately 1,019 square feet, including three (3) new stUdys. Section 6. Section 2S-210 of The Code of the citv 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." Section 7. section 2S-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. follows: The surrounding land uses and zones are as SOUTH Single family residences in the Residential Low Density zone, (RLD) NORTH WEST & EAST a mixture of residential uses in the Residential High Density zone, (RHO). Section 9. On November 7 and November 28, 1990, the Planning Commission of the City of Seal Beach, at meetings thereof, considered Minor Plan Review 15-90. Section 10. The Planning Commission made the following findings on November 28, 1990 regarding Minor Plan Review 15-90: The addition of three (3) studys to the subject property constitutes the addition of three (3) bedrooms, as defined in ~28-210 of the ~. 2. The addition of three (3) bedrooms will intensify the use of the subject property. L 3. In rental units there is a high correlation between the number of bedrooms and the number of OCcupants. An increase of three (3) bedrooms on the SUbject property has a high probability of increasing the number of tenants and thus, Resolution Number ~~~ increasing demand for the already substandard parking. Section 11. Commission was duly December , 1990. An appeal of the decision of the Planning filed with the City by Mitch Sheltraw on Section 12. January 14, 1991. The City Council noticed a public hearing on I Section 13. The City Council received into evidence the Report of the Planning Commission, including the Staff Report dated November 7, 1990, Planning Commission Resolution No. 1608, the Minutes of the Planning Commission meetings of 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: l. The addition of three (3) studys to the subject property constitutes the addition of three (3) bedrooms, as defined in S28-210 of the Code. 2. The addition of three (3) bedrooms will intensify the use of the subject property. 3. The addition of three (3) bedrooms is not permitted in accordance with provisions of Section 28-2407.A.2(i) (2) of the Code of the City of Seal Beach, since the required number of off- street parking spaces are not to be provided. I In rental units there is a high correlation between the number of bedrooms and the number of occupants. An increase of three (3) 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 1~-90. However when the City Council lifts the moratorium on development of projects within the provisions of Section 28-2407(2)(i) 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. 4. PASSED, APPROVED AND ADOPETED 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' ABSENT: Councilmembers I AYES: Councilmembers NOES: Councilmembers ~cL.. ~J)f, ~rp",....,) ~~ "ot .~~.~! ~;:.~ ;~ .ofOIl'O~. C jiJ/,+ 'o\"P fI'k~ ~~{l ~ . 0 ~O: g<cz ~,o':.o o:~iI ~'J': '.';'0 ",~I ~ ~,~1-Q''''.~#t 27. ''''''''-~08 I~ ~ c ......~"C.to".::- ,,,,, OONt'f. ':7 \\''8iII.. Resolution Number ~~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH. ) I I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the fO~~ resolution is the original copy of Resolution Number n file in the office of the City Clerk, pas I approved, and adopted by the City Council of t~~~ity of Se 1 ach, at a regular meeting thereof held on the~~ay of 991. I I