HomeMy WebLinkAboutCC Res 3684 1987-05-26
I
I
I
RESOLUTION NUMBER:Ma1-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH APPROVING VARIANCE 2-87, A REQUEST TO
PERMIT THE REMODEL OF A NONCONFORMING COMMERCIAL/
RESIDENTIAL STRUCTURE TO A WHOLLY COMMERCIAL USE
WITHOUT BRINGING THE PROPERTY INTO CONFORMANCE WITH
CURRENT ZONING (222 MAIN STREET)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS,
on February II, 1987, Howard Brief
application for Variance 2-87 to the
Development Services; and
WHEREAS, the applicant is requesting permission to remodel a
nonconforming commercial/residential structure to
create a wholly commercial use, without bringing the
property into full conformance with current zoning
standards; and
s ubm i tted an
Department of
WHEREAS, the subject property is a rectangular lot containing
2937.5 square feet, with 25 feet of frontage on Main
Street, and a depth of 117.5 feet; and
WHEREAS, the subject property is nonconforming for the following
reasons:
a. Land use - The subject property contains both a
. commercial and residential use, whereas the C-I
zone permits commercial uses only.
b.
Lot coverage - The existing lot coverage on the
subject property is 79 percent. The Municipal
Code permits only 75 percent coverage.
c .
Rear yard/Loading zone -
setback is approximately
Code requires a 22 foot
loading zone.
The existing rear yard
18 feet. The Municipal
rear yard setback and
d. Landscaping - At present, four (4) percent of the
subject property is landscaped. The Municipal
Code states that ten (10) percent of the lot area
must be landscaped.
e. Parking - Currently, one garage space measuring
11' x 20' is provided on site. Commercial parking
rates of one (1) space per 250 square feet of
gross floor area, and the standard residential
rate of two (2) spaces per dwelling unit indicate
that the actual number of parking spaces required
on site is six (6); and
WHEREAS,
the structural modifications
the applicant would have
nonconformities as follows:
and additions requested by
an impact on existing
a.
Land use -
be abated
in the C-I
The nonconforming residential use would
and replaced by an office use permitted
zone.
b. Lot coverage - The existing lot coverage of 79
percent would be increased to 91 percent.
Resolution Number!JizE...;./
c. Rear yard/Loading zone - The existing rear setback
of 18 feet would be reduced to approximately 2 1/2
feet.
d.
Parking The proposed 4821 square feet of
commercial area requires 20 parking spaces. The
proposed carport provides three (3) compact
spaces, measuring 8' x 18'; and
WHEREAS, on November 7, 1984, the Planning Commission adopted
Resolution Number 1345 approving Variance 12-84, a
request for a garage addition, a redesign of interior
walls, and the addition of a second-story deck, subject
to the following conditions:
3.
1.
That a new concrete
rear property line
proper access to the
the Uniform Building
~pron be constructed at the
1n order to effect safe and
property and to conform with
Code.
2. That all fences and/or obstructions currently
existing within the 9-foot setback area of the
property be removed and that all areas of said
setback be uniformly covered in concrete.
That remaining planting
property be properly
City Staff.
areas at the rear of the
landscaped as approved by
That all construction be in conformance with the
plans submitted; and
WHEREAS, the City of Seal Beach has initiated a code enforcement
complaint against the applicant for violations of the
City's building code and of the conditions listed in
Resolution Number 1345; and
4.
WHEREAS, staff has been applying a policy on parking in the Main
Street area which states that any intensification of
uses which are nonconforming due to inadequate parking
must be accompanied by the provision of additional
parking, as stipulated by the City Code, either on-
site, off-site or by participation in an in-lieu
program; and
WHEREAS, the City Council held a duly noticed public hearing on
April 27, 1987; and
WHEREAS, the City Council makes the following findings:
L
Variance 2-87 will not adversely affect the
General Plan. Rather, the approval of Variance 2~
87 will authorize the conversion of a
nonconforming residential use to a commercial use,
thereby increasing conformance with the General
Plan.
2. There are special property-related circumstances
which deprive the property at 222 Main Street of
the privileges enjoyed by other property in the
same vicinity and zone. Specifically, the size
and shape of the property and the manner in which
it was developed prevent the provision of 19 or 20
I
I
I
I
I
I
Resolution Number ilbIlt.)
parking spaces on-site in any configuration that
conforms with the Municipal Code. Likewise, the
Municipal Code requirements for a rear yard
setback/loading zone, landscaping and lot coverage
impose restrictions on the development of the
subject property which are inconsistent with the
proposed office use and the use of other
properties in the vicinity.
The granting of Variance 2-87 will not constitute
a grant of special privilege inconsistent with
other limitations upon other properties in the
same vicinity and zone.
4. The granting of Variance 2-87 is consistent with
the intent of California Government Code Section
65906.5 on parking variances which allows for
approval of such parking variances if in-lieu fees
are provided instead of on-site parking spaces;
and
3.
WHEREAS, the Planning Commission considered this item at a
regular meeting on March 18, 1987, and approved
Variance 2-87, by the adoption of Resolution No. 1454.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve Variance 2-87 subject to the following conditions:
Variance 2-87 is approved for the conversion of a
nonconforming commercial/residential use to a 4,821 square
foot commercial/office use, with a total parking requirement
of 20 spaces and with 3 compact spaces provided on site.
The site ,P.~~~t'fr~...jtted with the application for Variance
2-87 Shi!:l~~.i~~~E:;:f.~~.i~ed to reflect, at minimum, a 2.5 foot
rear s~,~'.ln(G'I1"b'n the' second floor and only partially covered
parking~pn the first floor.
. ..
'.
The pr?per.ty owner shall agree to participate in such in-
1 ieu Pllt"k'i ng program as has been or shall be establ i shed by
the Ci-.ty,~.Council for the amount equal to sixteen (17)
.. .... ~ .
spaces. ..~.~nj .changes to the total parki ng requirement for
the site~~~~:a1~_ cause the modification of the rate of
participatiof(:.'i:n.the in-lieu program, subject to Planning
Commission approval. The applicant and/or property owner
shall sign and record the in-lieu parking agreement prepared
by the City prior to building permit issuance. The
applicant realizes that this is an interim agreement, and a
permanent agreement may result in further costs per space.
4. All code enforcement issues shall be resolved prior to
approval of building permits.
1.
2.
3.
5.
A new concrete apron shall be constructed at the rear
property line in order to effect safe and proper access to
the property and to conform with the Uniform Building Code.
All fences and/or obstructions currently existing within the
2.5 foot setback area of the property shall be removed and
all areas of the setback and parking area shall be uniformly
covered in concrete.
6.
7. All construction shall be in substantial conformance with
the plans submitted, except as conditioned by the Planning
Commission.
8. Approval of Variance 2-87 shall be contingent upon approval
of development plans by the California Coastal Commission.
Resolution Number 3h8J
9.
The existing landscaping on the subject property shall be
maintained or, if replacement is necessary, shall be
reinstalled in an amount" equivalent to 4 percent of lot
area. The existing tree shall be preserved, but if this is
not possible, it shall be replaced with a specimen tree,
with review and approval from the Director of Development
Services. '
I
ED, AP~ROVED AND ADOPTED by the City Co~~~l of the
Beach at a meeting thereof held on the .;to-day of
, 1987, by the following vote: ----
City of
Counc il members
.'--, C7
~ '~)
""",,,,--- - r. .
(f;" ~A fa ) ~ , .
Mayor -
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers
Councilmembers
Councilmember
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
)
) SS
)
I
AT1EST:
I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby
certify that the fo:e!!4!g resolution is the original copy of
Resolution Number 3b on file in the office of the City Clerk,
passed, approved an a opted by the City Council of the ~tty of
Seal Bea at a regular meeting thereof held on the ~~ day
of , 1987.
I
~"
Resolution Number J-I:,B'-I
r::::.-.;'\o:.......~.IJI....";. ...;_..~.- - ~.....'n~ .......t-~._. ............._.._...__.._
-- --...- .......-..-.-.
PROOF OF PUBLICA liON
12015.5 C.C.P.) .
~
STATE OF CALIFORNIA.
runty of Orang.
I am a citizen of the United Statn and a
r.sident of the County afor.saldl I am over
the ag. of .ighteen y.ars. and not a party 10
or Int.rested In the abov...ntltled matt.r. I
am the prlnclllal cl.rk of the prlnt.r of the
SEAL BEACH JOUBNAL
........"..........,.~;...,...,..:-.:~.....,............r..........
,.~ - -.
....................................................
a n~spaper of gen.r.1 circulation, printed
, WEEKLY
ilnd published .... "to ~ _.,- .:....................
In the City of ~'" ..e J.ea..c.L........ .
County of Orang.. ana which news.
paper' has been adjudged a newspaper
qf gen.ral circulation by the Superior
Court of tho County of Orang.. Stat. of
. Callfornl.,und.rth.d4lt.ofN~:.~1, 191?..,
. .'
ICase Number ..A 825f;l~. .1 thatthenotlc.,
of which the ann.x...........prll!ted copy I..t .
In type not 'small.r than nonparelll, ha.'
been published In each ~egular and .ntlr.
Issu. of said newspaper and not In any
supplement thereof on the following dat.s,
to.wity'? A: .<;; . . .
.......~../.k...,~.......:.............
all In the y.ar 19.c:/l: ......
I certlfv lor declare,) under' P.8nalty of
perlury that the foregoing II true and
correct.
=":~~I:~J.:=~~"I~=~
~~..(:l~~:j[j~
Slgnatur.
- .r" c.1..o' '''.1 II...." ...... .1'" leey", "....
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
I Legal Adv.rtlslng CI.arlng Hou..
20 WIlt Sec:ond StoI, Los Ang.ln, Calif. 90012
T.lepllofte: 12131 825-2M1
_.._..'..N..AL_........~
..... .....,... tIIll ..,...
This' spac.11 for tll. County ~I.rk" Fli~~ ,5t.mp
. '
.,'
','
, .
Pr~fJ:J Pub~catl9" of. < "'
..:;r.I.~." .. .~.
..rl(j)JJO"O;:.~ : ,. . ... _' ~~Z......
~! _ OF PUBLIC HEAIIIlG '. . "
. NOTICE IS HEREBY GIVEN thlollhe
IClIr of Soollluc:h will hold. public '
_llIl1lMGndooy,ApriI27.19B7.1Il :.
7:00 p.m. In the City Council. .
ChImbIIs. 211 . IlItl 5_. SIll '
_.C11l1omillD-..slh8_ .
lni I....,
i APPEAL OF VARIANCE ~7 , .
I 222 Mlln snet \
~ A request: ID rtIrnociel ". nonconform~
.illI___to
t crute . 100% camrMrclll use, .
t _brt.....lh8_rtrinlD_ :
r form..... with cu...t iIDllinl, ......
Code Seclilll" 28-2408, 28-2500,
,. ,28-2501, 28-2!102
f Enti........IIIR_,TIlIs_1s
i CIlIpi..I~_,"""CEQ/o_
1'(C.llfoml. AdmlnstrltlVl Code
f- SIcIIon 15301). .
AppIan!. -... Brill
"OwnIr, SImI
.. At the ... time Ind pIKe. II' In-
" IInsted ,..,. m., be .... If 10
_.
, ~____.._"a:.a.__.
fDATEDtIIls'jij,-_ofApriI. i9a7,
r.- ~ M.Kni&h\
,,_oIOfteIopmllll-,
. t . April 16. 1987
t. N>I~, ~ !'" ~ Iluc:h ........1.
."
-
Resolution [lumber ~
---- -, r
".
PROOF OF PUBLICATION
(2015.5 C.C. P.)
"
STATE OF CALIFORNIA,
County of Orin,e
I am a citizen of the United Stlt.. Ind I
rllSident of the County aloresald; 11m 0'111'
the age of eighteen years, and not I Plrty tv
or Interelted In the above-entitled mlttlf'. I
am the principal clerk of the printer of the
SEAL BEACH JOURNAL
....................................................
....................................................
a nNapaPlt' of generll clrculltlon, printed
WEKLY
and publllhed ..................................
I certify (or declar..) undlr penalty of
perlury that the foregoing II true .nd
correct.
~t~ it..~~~...~J\9.1J.....................
,.......... of ,ft.. .'.IIlI'or.. ..., .. He,,"''''' I
CALIFORNIA NEWSPAPER SlRVIC.
BUREAU, INC.
Legal Advertlllng Clurlng Hou..
120 w..t s.cond SI't, 1.01 Angel... Calif. 9Q012
Telephone: 12131821.2641
-..... ........ O.N .."L Proof .,........._
w_ or...... 'Ill."'.,
-
Thllapace II for the County Clerk', Filing Stlmp
I
Proof of Publlcltlon of
..~~&w."r"
.....~~~.
.. .
-.--.
"
- CIF .... _IUD t.
PlIBUI:_
. '
NanCE IS HEREBY GIVEJOI _ lito,
__.._loll" be h....
.. lito CIIJ ta.nal ... _. AprIl
27. 1!ll17 _.. .. AoIlOII 01
v_ 2-a7 _ BrioII. 222
Main Street. is hereby ~.&-Io ID ~
be...-..Illo....C"'~ I
cd ....... at ,.." 11. 1987. 7000
p.m..." Cft Caunal a.nb8s,. 211-
IIII>S-.__
lIIIIDI tIIis 21111.... _....... 1!IB7. .
_1LYoo.CiltCllolL .)
lit,. 7. 1987. '.
_iDn.___,
J
. ,
I
. ~ .
.',' '. ,I
I,: '
" ,
, '
. ,
"
...,
I