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Home My WebLink AboutPC Packet_2024_01_16CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 16 January 2024 — 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, CA 90740 District 1 — Calvin Mingione District 2 — Dominic Massetti District 3 — Richard Coles – Vice Chair District 4 — Patty Campbell – Chair District 5 — Margo Wheeler Department of Community Development Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Marco Cuevas, Jr., Associate Planner Samuel Funes, Assistant Planner Amy Greyson, Senior Assistant City Attorney •City Hall office hours are 8:00 a. m. to 5:00 p. m. Monday through Friday. Closed noon to 1:00 p.m. •The City of Seal Beach complies with the Americans with Disabilities Act. If you need assistance to attend this meeting please telephone the City Clerk' s Office at least 48 hours in advance of the meeting at (562) 431-2527. •Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on-demand on the website. •DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD. Telephone: (562) 596 -1404. •Copies of staff reports and/or written materials on each agenda item are available for public inspection in City libraries or on the City website at: https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Commission. Pursuant to the Brown Act, the Commission cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of 5 minutes. APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. CONSENT CALENDAR A.Approval of the December 18, 2023 Planning Commission Minutes. CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS B.Conditional Use Permit 23-5(H) 1 Anderson Street Applicant: Gregg and Mary DeNicola Request: For a Conditional Use Permit (CUP 23-5(H)) to allow the operation of a hotel use within an existing nonconforming residential structure in the General Commercial (GC) zone. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-01, APPROVING Conditional Use Permit 23-5(H) with Conditions and find the project EXEMPT from CEQA. PUBLIC HEARINGS DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday, February 5, 2024 at 7:00 p.m. 8 3 0 PLANNING COMMISSION STAFF REPORT DATE:January 16, 2024 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Alexa Smittle, Community Development Director SUBJECT:Approval of the December 18, 2023 Planning Commission Minutes RECOMMENDATION:Approve the minutes of the Planning Commission meeting held on December 18, 2023 Prepared by: Approved by: Gloria D. Harper Alexa Smittle Gloria D. Harper Alexa Smittle City Clerk Community Development Director Attachments: 1. December 18, 2023 Planning Commission Minutes 8 6 2 8 City of Seal Beach – Regular Meeting of the Planning Commission December 18, 2023 Chair Campbell called the Planning Commission meeting to order at 7:00 p.m. Vice Chair Coles led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Mingione, Campbell, Massetti, Wheeler, Coles Absent: None Staff Present: Amy Greyson, Senior City Attorney Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Marco Cuevas, Jr., Associate Planner Gloria D. Harper, City Clerk PUBLIC COMMUNICATIONS Chair Campbell opened public communications. Speakers: None. Chair Campbell closed public communications. City Clerk Harper announced that six (6) emailed comments were received after posting the agenda. APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. Commissioner Mingione requested amendments to the minutes for the September 18th, 2023 meeting. Motion by Vice Chair Coles, second by Commissioner Wheeler to approve the agenda. AYES: Campbell, Mingione, Massetti, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried. CONSENT CALENDAR A. Approval of the September 18, 2023, Planning Commission Minutes 8 6 2 8 Motion by Vice Chair Coles, second by Commissioner Mingione to approve the consent calendar as amended. AYES: Mingione, Massetti, Coles, Campbell NOES: None ABSENT: None ABSTAIN: Wheeler Motion Carried. PUBLIC HEARING B. CONDITIONAL USE PERMIT 23-4 VARIANCE 23-1 4000 Lampson Avenue Applicant: Steve Rawlings/UP2 Holdings, LLC Request: For a Conditional Use Permit (CUP 23-4) to allow the sale of beer and wine (ABC Type 20 alcohol license) for off-site consumption in conjunction with an existing convenience store within the General Commercial (CG) Zoned Area and to allow a reduction in the required distance of 100 feet from residences; and Request for a Variance (VAR 23-1) to allow a reduction in the required 1000 feet from parks on a commercial property located at 4000 Lampson Avenue in the General Commercial (CG) Zoned Area Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 23-15 APPROVING Conditional Use Permit 23-4 with conditions and adopt Resolution No. 23-16, APPROVING Variance 23-1 with conditions and finding the project EXEMPT from the California Environmental Quality Act. Associate Planner Cuevas provided a comprehensive staff report. Commissioner’s questions were addressed. Chair Campbell opened the public hearing. Speaker: Applicant, Steve Rawlings. Chair Campbell closed the public hearing. Motion by Commissioner Wheeler, second by Vice Chair Coles that the Planning Commission adopt Resolution No. 23-15 APPROVING Conditional Use Permit 23-4 with conditions and adopt Resolution No. 23-16, APPROVING Variance 23-1 with conditions and finding the project EXEMPT from the California Environmental Quality Act, as amended. AYES: Mingione, Massetti, Wheeler, Coles NOES: Campbell ABSENT: None ABSTAIN: None 8 6 2 8 Motion Carried Senior City Attorney Greyson noted that there is a 10-day appeal period that starts December 19, 2023. CONTINUED ITEM(S) - None SCHEDULED MATTERS - None NEW BUSINESS - None DIRECTOR’S REPORT – Director Smittle encouraged the Commissioners and the community to visit the city’s website regarding Environmental Documents under review as well as the Zoning Code update. She also invited the Commissioner and the community to follow the department on social media for publications of community meetings and comment periods. Director Smittle wished everyone a Happy Holiday season! COMMISSION CONCERNS – Commissioner Mingione stated that he enjoyed the City Hall decorations done by all the departments, the culture, and commended staff on the work that is done throughout the year. Vice Chair Coles commended staff on the farewell party for Dana Engstrom. Chair Campbell wished everyone a Happy and Holy season! ADJOURNMENT Chair Campbell adjourned the Planning Commission meeting at 7:42 p.m. to Tuesday, January 16, 2024, at 7:00 p.m. ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Patricia Campbell, Chair Attest: ____________________________ Gloria D. Harper, City Clerk 8 1 2 PLANNING COMMISSION STAFF REPORT DATE:January 16, 2024 TO:Planning Commission THRU:Alexa Smittle, Community Development Director FROM:Marco Cuevas Jr., Associate Planner SUBJECT:Request for Conditional Use Permit (CUP 23-5(H)) to allow the operation of a hotel use within an existing nonconforming residential structure in the General Commercial (GC) Zone. LOCATION:1 Anderson Street APPLICANT:Gregg and Mary DeNicola RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-01, APPROVING Conditional Use Permit 23-5(H) with Conditions and find the project EXEMPT from CEQA. GENERAL PLAN DESIGNATION: COMMERCIAL GENERAL ZONE:GC (GENERAL COMMERCIAL) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 178-502-45 LOT AREA: 1,329 sq. ft. GROSS FLOOR AREA: 3,247 sq. ft. SURROUNDING PROPERTIES: NORTH: General Commercial (GC); Residential and Commercial Uses (Sunset/Huntington Beach) SOUTH: Residential Low Density (RLD-9), Beach/Ocean EAST: Residential and Commercial Uses (Sunset/Huntington Beach) WEST: General Commercial (GC), Residential Low Density (RLD-9), Beach/Ocean 8 1 2 ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the operation of a hotel use within an existing residential structure where only minor modifications are required for the renovation and branding of the business. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on Thursday, January 4, 2024, and Thursday, January 11, 2024, and mailed to property owners and occupants within a 500-foot radius of the subject property on January 4, 2024, with affidavits of publishing and mailing on file. The applicants and property owners, Gregg and Mary DiNicola, filed an application with the Community Development Department for Conditional Use Permit 23-5 to use the single-family residence commonly known as the ‘Water Tower House’ as a single-unit hotel in addition to continuing to use the building as a private residence. The subject site is a 1,165-square-foot parcel located on the west side of Anderson Street, situated near the corner of Pacific Coast Highway and within close proximity to the east portion of Surfside Colony. The lot is currently developed as a unique five-level single-family residential structure that once served as a water tower. The ground floor includes a bedroom, bathroom, laundry room, and two single-car garages while the tower itself has an additional four stories, as shown in Attachment 3, accessed by an elevator. The subject site is in the General Commercial (GC) zoning area and is surrounded by commercial and residential uses. The property is considered nonconforming because it is a residential use within a commercial zone. Background The Sunset Beach Water Tower was built in 1940 and served as a functional water tower until 1976, when it was decommissioned. The City first addressed historic structures pursuant to Ordinance No. 1101, adopted on August 10, 1981, which adopted provisions for authentic restoration of historic structures through the Conditional Use Permit process. On March 17, 1982, the Planning Commission approved the restoration of the tank and tower pursuant to historic Conditional Use Permit CUP 2-82(H), authorizing the renovation of the water tower structure by allowing the installation of a circular multi-story, single-family residence on the tower platform. In adopting CUP 2-82(H), the Commission declared that the tank and tower have been a community landmark for over 40 years, and that the proposed project was in character with the surrounding community. The original CUP, by assigning a historic designation to the tank and tower, created a mechanism to guide the renovation and preservation of the tower in the future. The current Zoning Code provisions addressing historic buildings are contained in Seal Beach Municipal Code (SBMC) Section 11.4.40.055 (Nonconforming Historic Buildings). Ultimately, the Planning Commission approval of the historic conditional use permit allowed the structure to be repurposed as a residential use. 8 1 2 The current owners of the subject property are requesting that the residential structure be allowed to operate as a small-scale, single-unit hotel, whereby guests would be allowed to rent the facility for overnight lodging on a short-term basis. The owners are not proposing any changes or renovations to alter the residential structure, as the owners wish to maintain and preserve the current visual appeal and architectural integrity of the structure as it exists. Even with the approval of the proposed CUP to allow the hotel use, historic conditional use permit CUP 2-82(H) shall remain in effect. Should the owners wish to make renovations or modifications to the building, or change the use in the future, the historic designation of the property pursuant to CUP 2-82(H) will continue to apply, and the owner would be required to go through the CUP process in accordance with Section 11.4.40.055 of the Municipal Code. Analysis SBMC Section 11.2.10.010 allows for Hotel and Motel uses in a GC zone if granted pursuant to a Conditional Use Permit approval. Section 11.6.05.010 of the SBMC defines Hotel or Motel as facilities with guest rooms or suites, provided with or without kitchen facilities, rented to the general public for transient lodging (less than 30 days). This application is a unique circumstance. Although the ‘water tower’ is a residence, the City's short-term rental program (Section 11.4.05.135) does not apply to it because the property is not located in a residential zone. In order to offer overnight accommodations, the owner must obtain approval of a CUP for a hotel use. The residential structure provides a single unit accommodation with three bedrooms total. The CUP seeks to allow a hotel/motel use similar to a short-term rental of a single-family residence in a residential zone, in addition to the unit’s existing ability to function as a standard residence. The short-term rental provisions of the City’s Zoning Code (SBMC Section 11.4.04.135) do not apply because the property is not in a residential zone, but Resolution 24-1 includes conditions similar to those imposed on short-term rentals in residential zones to regulate and minimize any adverse impacts, including provisions on dumping trash, signage, maximum overnight guest limitations, and prohibition of large events such as weddings or conferences. Over the course of the last eight months, the City has issued 29 short-term rental permits within residential zones in accordance with the City’s new short-term rental program. Thus far, the program and associated permit conditions have been successful, with no requests to date for code enforcement intervention. The parking requirements for the proposed use are contained in SBMC Section 11.4.20.015 (Required Off-Street Parking and Loading), which requires Hotels/Motels to provide one parking space per unit, plus two parking spaces adjacent to registration office, and one space per 20- person capacity of any conference or banquet rooms. The water tower does not have a registration office, nor does it contain conference or banquet rooms. The property currently provides two single-car garages and two open parking spaces adjacent each garage, essentially two, two-car tandem spaces, for a total of four off-street parking spaces, which exceeds the parking requirement in Section 11.4.20.015. Resolution 24-1 contains conditions requiring the property owner to maintain the four parking spaces and to direct overnight occupants to utilize them. 8 1 2 With regard to the building's nonconforming status, the Planning Commission may issue a Conditional Use Permit pursuant to Section 11.4.40.055 (Nonconforming Historic Buildings), to preserve, renovate or rebuild any locally recognized historic nonconforming building, provided it finds, in addition to the findings required by Chapter 11.5.20 (which guides all conditional use permits) that the building has local historic significance, or the architecture has local historic significance. In addition, the Planning Commission may authorize deviations from the Municipal Code necessary to preserve the structure or its historical significance, provided it finds that the deviation is necessary to preserve the existing architecture; the owner has executed and recorded all agreements necessary to ensure preservation; and the building is structurally sound. Pursuant to SBMC Section 11.4.40.55, the Commission may impose any reasonable conditions necessary for preservation. As noted above, this CUP is to modify allowable use of the property, but does not propose any changes to the structure. Staff supports the additional use of this property for hotel purposes as the architectural integrity of the water tower structure will remain intact, and as the use of this structure for overnight accommodation purposes is in line with policies of the General Commercial land use category of the General Plan and will also provide an additional form of public access to the coastal area in alignment with the Coastal Act. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission approve the attached Resolution No. 24-01 approving CUP 23-5(H) to permit a hotel use within an existing residential structure located at 1 Anderson Street, within the GC General Commercial zone, and find the project exempt from CEQA. Prepared by: Marco Cuevas Jr. Alexa Smittle Marco Cuevas Jr. Alexa Smittle Associate Planner Community Development Director Attachments: 1. Resolution No. 24-01 2. Vicinity Map/Aerial Map 3. Plans – MUP 23-5 4. CUP 02-82 5. Ordinance 1101 1 of 4 RESOLUTION NO. 24-1 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 23-5(H) TO ALLOW THE OPERATION OF A HOTEL USE WITHIN AN EXISTING RESIDENTIAL STRUCTURE LOCATED AT 1 ANDERSON STREET IN THE GENERAL COMMERCIAL (GC) ZONE AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Gregg and Mary DeNicola submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 23-5 for the permitting of the operation of a hotel use at an existing residential property located at 1 Anderson Street (the “subject property”), which is located in the General Commercial (GC) Zone. Section 2. The property is known as Sunset Beach Water Tower and was converted from a functioning water tower to a single-family residence and nonconforming historic building through CUP 2-82(H), which allows for modification of the structure, including use, through Section 11.4.40.044 (Nonconforming Historic Buildings) provided the historic integrity of the building remains and the approval is done through a conditional use permit. Section 3. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of the operation of a hotel use within an existing residential structure where only minor modifications are required for the renovation and branding of the business. Section 4. A duly noticed public hearing was held before the Planning Commission on January 16, 2024, to consider the application for CUP 23-5. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject property site is located at 1 Anderson Street and is situated near the corner of Pacific Coast Highway and within close proximity to the east portion of Surfside Colony, a gated private residential community, and adjacent to and across the Pacific Coast Highway from commercial uses. The lot is currently developed as a unique five-level single-family residential structure that once served as a water tower. The subject site is in the General Commercial (GC) zoning area and is surrounded by commercial and residential uses. The tower structure is subject to historic CUP 2-82(H). Page 2 of 6 8 6 2 9 B. The subject property is approximately 1,329 square feet in size and the total building area is approximately 3,247 square feet. Required parking for a single-family residence is based on total unit count, not square footage, and two (2) parking spaces are required for the previously approved residential use. The property currently provides four (4) off- street parking stalls, two single car enclosed garage spaces, each with a tandem driveway space adjacent. C. The proposed use requires the approval of a Conditional Use Permit to allow the operation of a hotel use within the GC zone. Section 5. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed use is consistent with the General Plan because the property is located in the General Commercial land use category, which specifically mentions hotels and motels as intended uses. The General Plan Land Use Element encourages revitalization and reuse within the project area in a logical, systematic manner, compatible with existing commercial uses. The proposed addition of a hotel/motel use provides additional services that are consistent with the existing land uses. As conditioned, the proposed use will allow for expanded use of an existing residential structure for short-term, overnight accommodation rental, which is compatible with the surrounding uses, while providing sufficient parking for all uses. B. The proposed use is allowed within the GC zone subject to approval of a Conditional Use Permit, and as conditioned, allowing a hotel use along with the residential use will comply with all applicable provisions of the Municipal Code. There are no structural changes proposed and parking is adequate for the use. C. The site is physically adequate for the type, density, and intensity of the use being proposed. The site contains adequate parking and circulation for the proposed single-unit hotel/motel use. D. The location, size, design, and operating characteristics of the proposed use would be compatible with the surrounding uses and will not adversely affect those uses or properties in the surrounding areas. As conditioned, the proposed hotel/motel use compliments the existing commercial uses and complies with the parking requirements and will not disrupt the existing character of the surrounding uses. E. The establishment, maintenance, and operation of the proposed use would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. Sufficient conditions have been imposed to ensure that the use will comply with the Performance Standards set forth in Section 11.4.10.020 of the Zoning Code and will not create adverse impacts upon adjacent uses. The property will be consistent with the surrounding uses in the area. Page 3 of 6 8 6 2 9 F. The building has local historic significance as established through CUP 2-82-(H). The Planning Commission may authorize deviation from the Municipal Code necessary to preserve the structure or its historical significance, but no alterations to the structure are proposed or necessary to accommodate the hotel use. Section 6. Based upon the foregoing, the Planning Commission hereby approves CUP 23-5(H) for the operation of a hotel/motel use within an existing residential structure located at 1 Anderson Street, subject to the following conditions. 1. Conditional Use Permit 23-5(H) is approved for the operation of a single-unit hotel/motel use in conjunction with the residential use of an existing residential structure located on an existing commercially-zoned property, at 1 Anderson Street. 2. Unless otherwise modified by this Resolution, the existing conditions of CUP 2- 83(H), as approved by Planning Commission Resolution No. 1254, shall remain in full force and effect. All findings previously set forth in CUP 2-82(H) are hereby incorporated by reference as though set forth in full. 3. Any future proposed changes or modifications to the subject property or the use of the subject property shall require compliance with SBMC Section 11.4,40.055 (Nonconforming Historic Buildings), as now exists or may hereafter be amended. 4. A modification of this Conditional Use Permit shall be required when: a. There is a substantial change in the mode or character of operations of the uses on the subject property. b. There is a proposal to modify any conditions of approval. 5. A new Conditional Use Permit is required for any alteration of the structure, which must meet the requirements and findings for nonconforming historic buildings pursuant the Municipal Code. 6. Prior to commencing any hotel operations (overnight accommodation) at the subject property as a result of this CUP, the owner or other operator of the residential unit for hotel purposes shall obtain a City of Seal Beach business license and shall maintain a business license during all periods of time that the property is used for overnight accommodations. 7. The owner, or applicant on behalf of the owner, shall obtain City of Seal Beach building permits for all construction requiring such permits. 8. There shall be no dumping of trash outside the tank/tower structure between the hours of 10:00 PM and 7:00 AM. 9. The property and all guests and other occupants shall comply with Chapter 7.15, "Noise Control" of the Seal Beach Municipal Code as the regulations of that Chapter now exist or may hereafter be amended. 10. The Planning Commission reserves the right to revoke or modify this CUP in the event of any violation of the approved conditions or any violation of any provision of the Code of the City of Seal Beach. Page 4 of 6 8 6 2 9 11. The owner or other operator of the hotel business as a result of this CUP shall identify, to the satisfaction of the City, a local contact person, who shall be available twenty- four (24) hours per day, seven (7) days a week for: (1) responding within one hour to complaints regarding the condition, operation, or conduct of the rental or its occupants; and (2) taking any remedial action necessary to resolve such complaints. 12. At all times, use of the subject property shall comply with the following requirements with respect to occupancy and parking. In addition to any other requirements of this Resolution, the owner or other operator of the hotel business shall require that any person renting the subject property or any portion thereof, shall agree in writing to abide by the requirements of this condition as a condition of rental of the property. a. The subject property contains three bedrooms. Occupancy of the three- bedroom structure shall be limited to two persons per bedroom, plus two additional guests (including children), and a maximum occupancy for the entire structure not to exceed eight persons during any overnight rental. The owner or other operator of the hotel business as a result of the CUP shall not rent the property to more than eight persons at any time. b. Property owner shall maintain the existing four off-street parking spaces and renters shall be directed to utilize the provided spaces. c. Overnight occupants shall not hold large-scale events, or conduct meetings or conferences in conjunction with rental of the property for hotel purposes. 13. The owner or other operator of a hotel business at this site shall ensure that the overnight occupants do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions any Federal, State, or Local law pertaining to noise, disposal of waste, disorderly conduct, the consumption of alcohol, or the use of illegal drugs. 14. The owner or other operator shall, upon notification that occupants have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of any law, including those pertaining to noise, disposal of waste, disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly prevent a recurrence of such conduct by those occupants, up to and including termination of the rental. 15. No signs indicating the subject property offers overnight accommodations shall be displayed on or at the property of any kind. 16. At all times, the business operator of the hotel shall prominently display these Conditions of Approval in a location within the business’ customer area that is acceptable to the Community Development Director. 17. The owner or other business operator of the hotel shall provide information on the maximum allowed number of occupants, parking capacity and location of parking spaces, noise regulations and quiet hours, and trash and recycling disposal requirements in writing to prospective renters, prior to their occupancy. Page 5 of 6 8 6 2 9 18. The owner or other business operator of the hotel shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with applicable health, building, fire, and safety codes; and information related to emergency exit routes on the property, local contact, and emergency contact information. 19. Transient Occupancy Taxes (TOT) shall be collected pursuant to Seal Beach Municipal Code Chapter 4.35 and paid to the City as required by that Chapter. The Owner is solely responsible for the collection of all applicable TOT and remittance of the collected tax to the City in accordance with Chapter 4.35 of this Code (Uniform Transient Occupancy Tax). 20. The owner, any operator, and the occupants shall be responsible and liable for any activity which may create a nuisance or other tortious or criminal violations within the rental. 21. This Conditional Use Permit shall not become effective for any purpose unless/until a City “Acceptance of Conditions” form has been signed and notarized by the applicant and owner before being returned to the Community Development Department; and until the ten (10) calendar day appeal period has elapsed. 22. Approval of this request shall not waive compliance with all provisions of the Municipal Code, or all other applicable City Ordinances. 23. This CUP shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. The submittal of the signed and notarized Acceptance of Conditions form shall be considered the exercising of this CUP. 24. The applicant must indemnify, defend, and hold harmless the City, its agents, and employees (collectively “the City” hereinafter in this paragraph) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant’s obligation to indemnify, defend, and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City’s choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys’ fees in any such lawsuit or action. Page 6 of 6 8 6 2 9 PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on January 16, 2024, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners _____________________________________ Patty Campbell Chairperson ATTEST: __________________________ Alexa Smittle Planning Commission Secretary VICINITY MAP: AERIAL MAP: RESOLUTION' NO. 125ri A RESOLUTION OF THE SUL REACH PLANNIK COMAI SSION APPRO; INtiG CO %DITIONAl- USE PUEIT CUP- 2 -0(h) FOR THE SUNSEC A&H HATER TOWER Al 1 ANDiR50N STREET WHEREAS, an applicatioo was duly filed by R.W. Stinson and G.A. Arnstrong. 80 [mvions Circle, Fountain Valley for CU?Q- 82(h): and WHEREAS, the property is described as a 30 ft. x 35 ft. parcel located t 1 Anderson Street (legal description are file); and WHEREAS, the proposal is to renovate an existing rater tower structure ane to instaii a circular single - family residence on the tower platform in the C -2, General Co°nercial lone at 1 %derson Street; a nd WHEREAS, the Planning CorK- sien makes the following findings regarding the application. 1) The local 'listorical significancn of the touvr is deannstrated by the attempt of the County of Orange, City of Seal Beach, City of huntington Bn3ch and residents of Surfside and Sur•set f:eirb to restore and preserve the toner as a landmark. j The e0 sting tower architecture will be closely adheres' to in the renovation as deternined by an Archit- ctural Review Coraeittee appcirted by the City Counci? to insure architectural compatibility and by the reuse of as mucl of the orivinal material as possible in the final structure. 3) All Seal Reach MUPiCipal Cede deviations are necessary to pre- serve '.a arch;tectArai integrity of the water tower. Cady deviu._ihrs are as follows: substandard lot size, excess 406109 heights, substandard setbacks and land ute. 4) D.11 needed agreements, contracts anri coedit o,s between th.% City of Seal beach and the applicant have lien executed to insure compliance. 5) To insure that all waivers from the cods will have no effect upon the structural stability and sounsness of the rabuilt structure, the applicant will pay fo an indepeneent review by the City of Seal Beach r' the ren)vec ;A structure tc satisfy the City Engineer that the new iesigr%711 be wechanically and structurally stabie and sound ene grill withstand a.ceeptabla: wind and earthquake l3ads. Th`s review will be at a fee known to and approved by the developer. NOW, THEREFORE, RE IT RLSOLVED that the Planning Comrmission does hereby approve CUP- 2 -82;H) and grants an ristrric conditional use persr:it. for the renovation of the Sunset Beach Water 5wer• and installation of a circular single - family residence on the tower platform. PASSED AND APPROVED ON Wednesday, March 17, 1902 by the following vote: AYES: Covington, Gilkerson, Jessue., Aolder mcq i3OES: None ABSENT: Iei her t j Ch >iirlarr'uf the P1arA inn Gor^iission j_ rotary to t _ Plnnriin9 Co ..ission M,ar(i 11, 1.982 0ARF kEPOfit TO: Planning Commissiorl FFkt+% oir,ctor of pla ^lit +g Subje t: R.W. Stinson S G.A. An strong, 0-2-Q11), I Anderson Street (And, e.on Street & pacific Coat; Hitjinway) REQUEST: Torestorewater tower structurO and construct a single- family residence on site. RECOMMENDATION: Approval by adoption of atteched r(solution. HISTOR.ICA.t BA.CK:ROiiidD The Sunset Beach Water TOW" .has 1940. The rood structure is Q feet of Douglas fir a<Id radhood. Surfside Land and Wstec 005ny, Leech in 1566. wilt by Santa Fe Tank it. high dnRJ is CGm}:ustu Origi"ally operated by it was purcvasud by tie and Ripe Company in of '1,000 board the Sunset Beach - City of Huntir9tnn The water tower rovained in 0Pi.' KiOn until Septe, for 1, 197x, when Hunting- ton Beach abandoned use of Ye "wer in order to upyrade th_ local water systec ahu to remove a high: unintcnamce and hazardous facility f.00 the active system, On Jahuary 7, 1976, the city of Huntington Beach file a Demolition Applica- tion with the Coastal Co" ission to rpnove the StrULture. In a letter fpw l H. Hartge, public Works Director of the City of Huntington Beach, to the Coastal Commission dated February 11, 1976, th, City of Huntington Beach outlined the basis of the pend t.: a) Hazardous condition of the tower as it now exists; b) the tank is surplus to the City Water Department and no longer in use. It was also mentioned that the Kiwanis Club of Lora Beach had offered to oismo ntle and transport the tans. to Mexico for use in Ore of their projects at ne cost to the City. On Fay lam, 1976, a petition was filed with the Coastal Commission composedof522signaturesprotestingthedestructionofthewatertower. of these signatures, 75 were residents of Surfside and 45 were residents of the remainder of Seal Beach. in Fay 1976, a staff Coastrl Commission Report was presented recd %mendingdenialbasedOnthefactthat: a) the structure was a significant local and sub- regional historical landmark; b) the structure was designated as anavigationallandmark; and c) the project would compromise future planning efforts in the subregion of the Cca ;tal Zone. Based on the Staff Report and contacts with Orange County environmental t,anagernent Agency fE.la..A.) concerning restoration of the water tower, the City of Huntington beach withdrew their al,plication for dewolitiion. On August 10, 1976, a report on Sunset Beach, Water Tower to the Oren_ Count, Board of Supervisors wan presented. This report indicated: t _ _._.. ... it n:,., r-vici , is a DOtenial hazard. Exposure St'.nSOR and G.A. i1r'i ='strot:g, CP -2 -3210 March 17. 1982 Page 2 ocean spray and the leaking water ty k above has ceused serious deterioration of the srruct.ure. rr:oed W was observed in the supporting structure near the foundation. The base plaatesnand connections are effectivk-ly destroyed by corrosion. SOTC the primary supporting coWns have split along the foundation to the tank. The water tank is no loncer heiny used. The staves in its barrel-type construc:tiun l•a.e shrank and tqe hnnns supporting thestaveshavedropped, leaving the staves with no stability for supporting roof on the top of the tank. The platfor upon which the tank rests is ursafe because of loss of structural ,.:op_ of the wood. n ioukending threat of persenal WAYy and property dawntoe exists, not only on the site where the towel stands, hot also on adjacent prepert.y. Ability of the structure to withstand the forces of earthquake and ,rind are qiaestionable... nj "...ERA has not identified a logical county budget unit to undertake the pro,',•ects. A special Service area 0- special assessment district sight be appropriate for a local historical project...'' c) "...C'ne item of controversy concerning the tower appears to be an evaluation of its historical importance. Accordir.g to published towerdataprovidedtotheOrengeCountyHistGicalCommission, thiswasconstructedinthe1940`s replacing a previous ,,rater tower. Thus, a water tower of 500e sort has exis•.ed on this site since atleastthe1920's, and rent' people believe that to be a landmark.. As such, they believe 't worthy of preservation. Perhaps the signi- ficant aspect of the tower is that it is constructed entirely ofwood, representing an era and technique of construction no longer in coupon use. However, it is that very structure that now causes concern for public safety and liability exposure of the owner. There is no doubt that tha structure has detericrited extensively, resulting In the Present hazardous condition. ... it does appear safe to speculate that repair costs would be exten- sive, perhaps to the point of virtually replacing the existing structure. The issue of historical significa t is a subjective rather than a factual Futter." The Historical CO3mission has taken a cautious approach, findirgthetowerofhistoricalsignificance, but not addressing whether of a county -wide nat.rre." R. W. Stinson and L.A. Arcs trony, C90-N(H) March 17, 1932 Page 3 JOINT RESTORATION AGRQE "IT On August 10, 1976, the Director of the Ora}ae County Environmental Manage - went Agency was directed by the Count hoard of Supervisors to ;earth out potential sources of grant funding and to open negotiatIns with the cities of Seal Beach and Huntington Beach for participation. following extensive negotiation among tha cities of Seal Breach acrd Runtington Beach and the County of Orange. a- agrvar^Pft wa, nrapAred fGr t.ho restoration of the Sunset Beach 'Water Toner. On August 22, 1977, the Seal Peach City Co -incil approved the agreeeont in which the City would: a) accept the land and the tower and the perpetual waintcq,3nce of the tower; and b) the County of Orange would bear the costs of the restoration of the tank and tower to make them structurally sound, including costs over and above 512,000, On January 4, 1973, in a letter from Dennis Coutteparch, to Barry tea =ion, Project Manager, Recreation and Ope=n Space, County of Orange E.M.A., Mr. Courturnarche indicated the City C<ogncil had approved the agreement subject to the following: a) Provisien for inspection and approval of the plans for restoration and the actual restoration of the tower by the City Engineer of the City of Seal Vac.h: and L) Provision that the County of Urange will bear all Costs of restoration of the tank, and tower to make them strunturally sound, ircluning costs over and above 512,00G. Although the items were not specifically included iq the contract, it o•as the City's understanding that the Agercy would prepare the plans and speci- fications and that should the bias exceed S12,00v. they woold be rejected by the Seal 5each City Council. On March 22, 3978, the final agreement between thn cities of Seal Beach and Huntington beach and the County of Orange Environmental Management Agency was executed. On August 16, 1978, the City of Huntington Beach: officially transferred the tower and property to the City of Seal Beach. Following completion of th- agreement and transfer of the property, the County of Orange began the preparation of plans, specifications, and cost estimates for the complete restoration of the water tower. On February 1, 1979, the County of Orange Environmental Management Agency submitted a preliminary cost estimate for the structural restoration of the tourer. This report indicated a cost for restoration would range from 560,000 to 1130,000. Following this letter, the City Manager informed Orange County Environmental Management Agency that unless additional funding for the restoration became available from the Environmental Management Agency or other agency, the City would not be able to honor its agreement. R. W. Stinson and G.A. Atn,trunil, CO2-22(ti) March 17 198.? Page 4 The most recert estimate for the reconstruction work by Orange Count: is 193,000. This work would replace approxirately &S of the exisQwj structure. STRUCTURAL ANALYSIS Of The WATER TO:ER The County of Orange Environlortal Varagewent Agegcy his performed a complete structural analysis of the structure in its existing condition and has deter - a -tu do s not of the rceEen4 Euildinn toile requirementsrrir.Eit that she strut. ,,..r.. „e, .._ _ , - - and is sigrificantly oucr- stressed by both rain; and eartkquale loads. There- fore, in its present condition the w'atrr tower is indeed a safety hazard Loth to the public an the City forces assigned to Iraintain it. Deterioration iC due tr a coubination of dry rat and dry wood territes, as well as the complete rusting out of -ill metal crPOnents. The field survey conducted on Duly 9, 1979, indicated three columns on the soutaerll exposure had lost all bwring, evidenced by gaining holes in the bottom of the coluors and a hollcwed -out conditir.r.. Three other col =5 have Yplit and arz totally infested with dry wood termites. in addition te the CO lLonS, there are a 13rg r: r. €,dra ;c'r Of braces. wF'tdl connectors, and tie rces which require replacement. A structural pest control inspQction completed by Dewey Pest Control ComoAny of the wa'.er tower and adjacent office building indicates severe termite damag°. This r'epor't r'e.convended that "Tonal demolition of the water tore' and attached building be made. Members of wood are too badly infested fcr the s0uc`.ure to be sound even if fumigated oy our company." The above findings indicate the tower and the buii.tings are an extreme hazard to life and property, and a liability for the City of Seal Coach and the City of Huntington Reach. HISTORICAL A "O ARCH11%- UVAL A AN IFIC -VT The water tower and adjacent buildings are not included on the California Historical tandwark Progra.a or the California Points of Historical interest Program. in addition, 'he U.S. Department of the Interior rejected the nomination of the Sunse: Beach `.rater Tower (Anderson Street Water Tower) for inclusion in the National Register. This letter indicated that, While the Anderson Sfreet'Water Tower is an interesting structure, we do not feel it is of sufficient historical significance to warrant makirg exception of the 50 -yee.r limit, particularly when wa are unable to place the structure in contest with other such structures." Since the water tower and adjacent buildings are not listed on any register or historical program, they are ineligible for federal or State - estoration unding. The Orange County Chzpter of the American Institui.e of Architects has also evaluated the wawer tower for its architectural significance. Their report indicated, "The tank has been subject to repeated acts of vandalism anal, in the committee's viewpoint, has become un,ightly and in its present sate (is) not an esset to the comcanii.y. The water tower has some interesting qualities, with the exposed structural systee o the base being the Past notable. R. W. Stinson and G.A. Armstrong, CP- 2-s'2. i4arch 17, 198? page 5 but., in the final arialysis, it is fo iarthemot, st par void of any historical style or detail that would „orwatly give a structure snifi cance frur.Y an architectural standpoint,' t.AvIGNTIOtIAL SIGNIf_fCAf+CE theHowever', Towel n;,viyation ;sranch indicate " Althougn this tank Sunset beach Water foyer is shown r,e 1 avicatiocai Lrirarn 1 tho aid to navtga- VS. . Coast GUM +.,"'r; , it is not tunni =rr general. it is does appear on Chart o. 187''0, ation in n. tY,e Coast Guard... As the effect on n3v19 navigation and other tion by Yet +_ are suffitirra n;raC er nftai edotankei ^oval should my opinion that there that the G' "p y ects to the vicinity Qchartedv.i . impact cn ravigat it n.' not have a significan.- CkANGE IN SWE OF PROJECT the water in COS[ E tlrPat P•: to r'estOce horn the Go only and ,t, t+, 1.ay those Based upon the significant ,ncre se UE, tower in place, the of sou of costs and the lark of f',nd'nr3 s -0UE: -25. the Litt' `elan i:(e::.iithi in 'Jn,j costs Of re l to 01 with the tower that we owned. f r the tower tr• a or'ivate inuividual The City Councii detern%yd to of" as a single - through a ro,,,pet,tive bid process with too stipilat', on that the [ gle- be architecturally restored and - 311o',ied it to be rebuilt far „ily residence. SALE GF ember, 1980, the te:c:r and underlying land was "Old to GeorgeInSeptember, an the p "ocr•s cf devElop-ing structural At'Ists'on9• Mr. Arrsans b_gndarcMLecturalQlanswhich would incorporate thre existing to:.er andwatercant: i:r the finished product as Much as X-sihle. latfo•ra, ration ir.h concurrently, F',r•. r ^,rr.rstrvny rerovzd the water t.an}; from the tower c'isasse+bled it ar:d stored The staves and bank for ilatfo the new circular resiaenc:e to be torstrutted on the platform- the CMITECTrJR:_ REUIE4J the f.ity to fern A city Council condition If sale of the ;:o;Jer- required an Architzctr] Review Cr,r'rcitteo to revie.a the plans and make recvrunendaLicns to City council. 981, the above ccsrrrittee re °viewed the plans and filed theirCrr, A,r9usL 26, Council (sr'e att':h=c' Septewber' 9, 19SIi memo and August ZE, report with the City 1981 minutes - Attachments A and BY On Septeettzr 2R, 1981, the City Council re+.e ul the Architectural attached report emi concurred rith the Coi:rittee's rrrALtFaEhmjnt C).( 5z' atta,:hed City Council r.inutzs consent calonlar - Iten i R. W. Stinson and 6.r1. Arr.strOr.g, March 17, 1982 Page 6 HISTORIC CONDITIONAL lI_A PERMIT Ccur.ciInordertoprovideamethodtodealWiththerenovationandpreservation of t "se tower and other historic buildiOP and structures, Citj C u adopted an nistOric conditional use Pevoit procedure 'nee Ordinance 01101 - Attachownt A n VA 10DSCUSSIUNOFCi3hrcLirTnPiL.... . lne applicatiol for restoration Of the Suvaet Leach '' :rater love-, in oivcs' i) Removing and replaci"g all l daagod andjol subs tandard tower supports, tilCirg, 1i' T and hold dwns. 2) 5,,Sviry „rd replacing all dalagod an "Ol supvtandard terial in the platform- 3) Adding a ground levV structure c_r,ntaini = a) -wo one -car garages b) Elevator c) SLvirway d) ndry Area n) Storage Area f) muchanieal Equiprzr-t 0001'. 4) Adding a deck with spa Lejew the platf= . 5) Re- building thO tank into threc-lovei uircular sir :gle family residence: 1st Level - Kitchen, dining room, living roar and ; bath. 2nd Level - Two Ledroons and 2 bathrocars- 3rd Level - Glass ohserva ?ion ronw with V ?t bar and fire iliac'-. PLANNING COMM SS10P1_A- 1OPi Ordinance X1101 requires the Planning Conr,i:sion to evaluate and make findings an: 1) The local historic significance of the Ouilding. 2) The existlnq architecture. LOCAL HISTORICAL SIGNIFICANCE - Although the tower is not 5r7 years old r'.d therefore ineligible fee reg istV3tion at the State or Federal level, and following is offered: on The County Of OranfFeanntcities Ofr'Unt rtowercascj local elandmark. e ^tend into an ay V R. W. Stinson and 6 March 17, 1482 Page 7 A. Aiwgtrong, CP- 2 -82(h; Residents of Strfside and Sunset Beach view the tower as a significant local historic landnark. Efforts to save the tower from 1476 to present have been based upon the local historic significance of the structure. EXISTING ARCHITECTURE - the City has a photographic record of the tower f,r Commission review. In addition to this record, the Connission hag the benefit of the rrco: =oriendation.s of th? Prchitectural Sward which has rcviewed the proposed plat's for conforwanno with the original lower. FINDINGS FOR APPAWAL OF HISTORIC CONDITIONAL USE PERMIT Ordinance 0101 requires the Planning CoWnsion to =0 the iollowir,U findings: 1) All deviations from the Seal Leach Municipal Code recessary to preserve the existing structure architecture; including but not linited to: zoning, building, engineering and fire. 2) All needej agreements, contracts or conditions between the owner or lessee and any public agency which involves said bjilding or structure are executed to insure compliance between all parties. 3) Any ogler' appropriate conditions deemed neccsse ry to the approval of the application are required. 4) The waivers from code must still render the structure safe and sound. CODE OEVIATIOttS a) Zoning Deviations: Lot size - created by County and two cities. Setbacks - We Building Height - necessary for tower architecture Land Use - Co"mercial use is impractical in this size structure. b) Building Deviations: Setbacks - Created by County and two cities. c) Engineering Deviations: hone d) fire Deviations: None AGREEMENTS, CONTRACTS, AND CC_:DITiONS A review by staff indicates that all agreements. contracts and conditions necessary to be fulfilled to date, have been fully wet to the satisfaction of the City. R. W. Stinsor and G.A. Armstrong, Cf- 2 -82(H) March 17, 1982 Page 8 OTHER COMMONS No other condi iers are proposed or this project.. SAFE AND SOUND STRUCTURE hone of the code waivers noted will have any effect upnn structural, stabilit,,, safety or soundness. This projecc is Categarica ly Cxc:O frM MA. RECOM-MEPJD0Tf0"i Staff recce =mends e.pproval of CUP- 2-82(H) for the restoration of the Sunset Beach Water Tourer and the con>truction of a single - family structure. ?ha proposed resolution is attached for Copvisvicn approval. 7 on !...!•ti- .., - C n Daniels 0C/gk5 Attachments RFSOLI1TION NO. 1015 A P,ESOLK101 OF fHE SFAS BEACH PLANAING COMMISSION FIND10 ;iiAT ORANGE COUNTY'S PROPOSAL FOR ACQUISITI01 AND U'310RATIO:I OF 1HE SUN,;ET BEACH WATER 1 "0I1R Ar'lD CO.'- UERSIO! Of Al EXiSTING ADJACENT FIRE STATICN IS CONSISiFU WITH 10 GENFRAL PLAN. WNEEEAS, the acquisition anI restoration of the Sunset Seac! (later Toyer as an historical site, and the acqqisitioi and conversion of the fire station into a North County Beach rainter.ance facility, within the limits shc:,n located on the attach ad exhibit oap is being proposed as a project of the Orange County Harbors, Peaches and Parks District; and IREAS, the Goverment Code of the State of Cal'fornia, Section 65102, provides in part tat a local agency su,:h as the Orange County Harbors, Beaches and Parks District shall not acquire reai property nor dispo3e of real property, nor construct a pudic building or structure in any co:nty or city, until the location, purpose and extent of such activity has been reported upon as tc the conformity with the t:dopt& general plan applicable thereto; and HEREAS, the proposed acquis-tion and restoration of the Sunset-Beach !later Tower as a.i h0torilal site and the acquisition and conversion: of the fire r•tation to a North County beach Yaintenance facility proposed by the District has been reviewed by the City of Seal Beach Planning Com,sission in accordance with Section 6502 of the Government Code. N)W, THEPEFORE, BE IT RESOLVED, that the City of Seal Beach Plann.irg Commission does hereby find that the acgj isitlon and restoration of the Sunset Beach later Tover as an historical site and the acquisition and conversion of the fire station to a north Ccu.:ty Beach Maintenance facility by the Orange County Harbors, Beaches and Parks District in the location proposed is in eonfonnance with the City's adopted general plan. PASSED AND APPROVED on .January 19, 1977 by the folloying vote: AYES: tanning, Knapp, Cook:, Madsen NOES: Ripperdan ABSENT: None C.iair,ian of the Pt3.i:5nq Canisra> s o,n r) i hr. Secretary to the P annin_ Co-olics'on June 21, 1982 Mr. George Armstrong 9700 twoons Circle Fountain valley, California 42708 Dear Mr. Ar ^strong: I:j,: iin S'!t iil•li it 1; :8 t, i' i.) the purpose of this latter is to provide an outline of actions oral acti- vities by both the City and ycu, as contained in the i0ndltiens of Sale - sunset Beach Pater As contained in the conditions of sale, most major regairenents for both parties are tied to the issuance of a Coastal C6wwission permit. The Coastal COMnission approved the permit application; the City received the permit and signed it on aunt 9, 1082. Now that a Coastal permit has been obtained, we City will open escron to transfer the property from the City of Seal Leath to you. We anticipate escrow to close on July 1, 1482. Or. or atou'. July 1, 1982: in exchange. for the grant deed to the property, the balance of the purchase price n.!;st be paid into escrow. Prior to close of e,c,row, you must pay for the cost of preparing and recording the grant deed. Upon recordation of the grant deed, you must: 1) Subiqiv a performance bond in the awount of $100,000 guarantee- ing dour perfori: ;znce under the terns and conditions of the City. 2) Submit a performance bond in the amount of $50,000 assuring, thatthepremisesshallbeproperly ,maintained for a period of five years. Within 30 days following recordation of the grant deed, restoration of the water tower shall conirence. Accordingly, 1 strongly urge you to submit working drawings to the Building Departrmnt ir^ediately to avoid any delays in plan check and permit issuance. Vithir 120 days following eonrencement of work on tie towe-, all work shall be completed, unless a written extension of time is given by the City. Mr. George Ar,- strong June 21, 1982 Page 2_ In addition, you must immediately suz).rit an insurance r:oiicy insL3ring against liability i+: tye amount of $1,00tl,000 and property damage in the amount of $2D0,000, with the City nand a; additional insured. If you Pave any questions, plc,sse call. Very truly yours, CITY OF SEA! BEAC #I r } r tyl _,! J i , ,a1;• GaryLE loirr;so Direc :tcl of Puhli tdarks /City Engineer V v cc: City Manager Finance Director city Clerk City Manager. lic•ntington Beach S;te of Calffotnla, CK+ +ernor F41$forn1a t.oactaI Ca¢ +at a A, C4 So`_ili COAST t)ISI "RICI 166E 1. ocean Suite 3107 Y.O. go], 145C 1•or,g Erach, Ca 50801 -1650 213) 590 -5071 (714) 846. -0648 M ( +c4F F SfAU REPORT A 'PL ICANT: C i t of Seal earh P[Rtk!1? N-3.:5_82 -28 LiolSi ilV1W 1.T t1 TIM -4 /'20/ 8 2 - -P_ - -- 49th M1: .f _- loth vAY: 10/13182__ iTATF: D.H. Pic }:ens 3111TF Il[PD I:5—t 20X' —iT1L- AGENT: George PROJECT LOCATION: 1 Anderson_Stieeti Seal Beach - -- PROJECT DESCRIPTION: Reconstruction and restoration of a 42 year oldwatertankandtowertoconvertto3single - family dwelling. LOT AREA 1225 sq.T_ ZONING C -2 KDG. COVERAGE 1225 sg_ ft i PLAN DESIGNATION Cor:Qnercial -,- - -_ G.P., LUP draft, LTi a op*;iL cert., L PAgmPENT COVERAGE _ PROJECT DENSITY 3 du ac LANOSCAPE CCIVEP,AGt - - -,- ____. HEIGHT ABV. FM GRADE _ 83 ft_ —_ - LOCAL APPROVALS kECEIVED Approval in ConcepC, City, of SITE CKAkACTERISTICS Flat SURROUNDING LAND USE: Singh_- family dwellings. There is a coTranercial cluster on Pacific Coast Hw-p. adjacent to the site. COASTAL ACT ISSUES- fonurrjnity Character 1 - tT €ntir-aed) 5 -82 -285 Il. SPECIAL. CONDITIONS: VONE EXECUTIVE DIRECTOF'S__DETERMINAT10N A. Pro ect Description and Backgrourc3 Is to to rfs'tore the tank and tower to its ot:iginal appearance. —he exiting tank has s been removed dfrom ethe stower becauseaofuitsncondition, rank The completed project will be a amity dwelling with 2- bedrooms tw,, car garage- live level, G567 r,G. ft. single - obszrvation ar_', and attach'd The Co:mnission staff has froze; ticnt to tire discussed proposalsrelatingtothetankandtowerdatingbacktoProposition20. These proposals ranged from complete demolition to disassec:bl; and relocation to an area in Baja California where the structure would be reassembled. The alternative proposals appeared to cul- minate in March 1976 when an application was filed to demolish the tank and tower. The Regional Coauli.ssion considered this application on May 2L, 1976, at which rime the matter was continued indafir.i'_;y because of the City's desire to reconcile public opposition to the demolishing. The application was voided and returned to the City when the tic,e allotted under Fropcaition 2C expired. The pzc'- ject remained dormant until September 1979, when an application was received to demolish the tank and tore: for the purpose of re- building and restoration. This application was also withdrawn, Subsequently, the City Engineer for the City of Seal Beach de.^larec the structure unsafe, an attxactive nuisance, and a menace to public health and welfare and ordered the tank and tower removzd. In September 1979, an application was received for demolition of the tank and tower. On February 11, 1981), the Regional commission approved, the appiicatimi with the condition not to cotncr -os for eek a wawa days so as to once again give the City the opportunity *_o sy and the means the tower. The project. has sie foresafetylreasons. ar:t except In the interim, the City has found the mechaw sin for restoration ofthetankandtowerintheapplicationnowbefo-e the Cormission. B. Coc=sunity Character. The City's efforts to restore the 10, 1981, when 6rdi,nance no. 11171 as a City of Seal Beach Historical suzhentic restoration by virtue of See Exhibit 5). tank and tower culminated on August was passed establishing the tower truc'cure with provisions fur the ( ,,onditional Use Permit Process 3 - cunt ir,ueci) 5.89.- 2815 SITE LhC&Ttwj fY- Mtia`w. MYtiFV lwxaYWYaF9l vNP. 63!! iH1O 'a'IGO.i'ai.e'4iF.lY.LNT`Ftftl iT t"J C. 5-B?— b6 5 I+ a llrll V' 1 5 -82 -285 On March 17, 1982, the Planning Comntssion approved the restorationofthetankandtoweresConditionalUsePermitCLAP- 2 -82(H) (SeeExhibit6). The City Council approved a recommendation that theheightoftheproposedprojectbein•:!ceased by four feet and thetankdiametere_; 4 feet to 82 ft and 30 ft., respectively. The Commission finds that the tank and tower have b -en a connrun:.tylandmarkforover40yearsandthattheproposedprojectIFin character with the surrounding comroiunity. Sr i WORT14 ra a J °4i 6" b iJl l fir. k ara..ay,k..,. ww..- .. mrveas® wnr ar vevr ac......m...wacx r rwnw nr'. J; 1 a ys,rs.m..®.n ,. r 1 Y A!gwua r.. 6-62- 7-8E5 i f11 yp:.Cif't Y 4< 1 • tt fib yl .• . n ' _ 4 . e_, i` aC.. -J s/ yE cY7} iD LAVE L. KwHa s 7 r r1 nssa Y, aw i ) ' 4., • ^ ' •'• . ,..._ t ( it , fG'n. } -. • :. . n0. . 1.., { w pro Ago" ORDINANCE NUMBER 101 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA. AMENDING CHAPTER 28 OF THE SEAL BEACH CITY CODE BY ADDING SECTION 28-238.1 AND SECTION 28-2403.1 PERTAINING TO HISTORIC STRUCTURES ITHECITYCOUNCILOFTHECITYOFSEALBEACHDOESHEREBYORDAINAS FOLLOWS: Section 1. Chapter 28. Article 2, Definitions, of the Seal Beach City Code is hereby amended by adding Section 28-238.1 to read ~s follows: Section '28-2j8.l. Historic Conditional Use Permit. Historic Conditional Use Permit is a procedure whereby an historic building 'or structure may be substantially preserved, renovated or re5uilt subject to the provisions of Section 28-2403.1. Section 2. Chapter 28, Article 24, General Provisions, Conditions and Exceptions. Non-conforming Buildings and Uses, of the Seal Beach City Code is hereby amended by adding Section 28-2403.1 to read as follows: Section 28-2403.1. Exce tions for Non-conformin Historic Buildin s. ocal y recognized historic building or structure may be substantially preserved, renovated or rebuilt subject to the issuance of a Conditional Use Permit, B) In reviewing the application for the historic building or structure, the Planning Commission shall evaluate and make findings on the following: 1) The local historic significance of the building or structure. 2) The existing architecture. C) In approving a Historical Conditional Use Permit, the Planning Commission may authorize such deviations from the Seal Beach Municipal Code necessary to preserve the structure and its historical significance. Before approving such change. it must find: l) All deviations from the Seal Beach Municipal Code necessary to preserve the existing structure architecture; including but not limited to: zoning, building, engineering and fire. 2) All needed agreements, contracts or conditions between the owner or lessee and any public agency which involves said building or structure are executed to insure compliance between all parties. 3) Any other appropriate conditions deemed necessary to the approval of the application are required. 4) The waivers from Code must still render the structure safe and sound. I I Section 3. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause same to be published as required by law. Page Two - Ordi nance Number /1 CJ / PASSEO, APPROVED and AOOPTED by the City Council of the City of Seal Beach, lifornia, at a meeting thereof held on the ,1~6C day of 1981. 1 Mayor L-J ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) SEAL !o ........'of ~Mo.'o,.;-. ~ It. b..)O: :~ Q".:! 7:......, ~ ..;~ 0 ~"'..O1- Q ../", ," ..... ~ 1 Iti(l' c..,...... ~...# Ibh.. Ou N, 1;,-::;r w.n'"' I, Joanne M. Yeo. City Clerk of the City of Seal' ach, California, and ex-officio clerk of the City Council, do hereby cer ify that the foregoing ordinance was introduced at a meeting held on e5?, 1981, and was passed, approved and adopted by the City unc' of the City of seal~ at a meeting thereof held on the /l?~ day of Mi:- , 1981, by the following vote: I AYES:Counci 1 members OA NOES: Councilmembers ABSENT: Councilmember i' I