Loading...
HomeMy WebLinkAboutPC Res 1454 - 1987-03-18 . . " RESOLUTION NUMBER 1454 A RESOLUTION OF THE PLANNING COMMISSION 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 PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, on February 11, 1987, Howard application for Variance 2-87 Development Services; and Brief submitted an to the Department of 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 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-1 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 - The existing rear yard setback is approximately 18 feet. The Municipal Code requires a 22 foot rear yard setback and load i ng zo n e . d. Landscaping - At present, four (4) percent of the subject property 1S landscaped. The Municipal Code states that ten (10) percent of the lot area must be landscaped. e. Parking Currently, one garage space measuring 111 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 and additions requested by the applicant would have an impact on existing nonconformities as follows: a. Land use - The nonconforming residential use would be abated and replaced by an office use permitted in the C-1 zone. b. Lot coverage The existing lot coverage of 79 percent would be increased to 91 percent. . . .' Resolution Number 1454 Page 2 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: 1. That a new concrete rear property line proper access to the the Uniform Building apron be constructed at the in 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. 3. That remaining planting areas at the rear of the property be properly landscaped as approved by City Staff. 4. 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 WHEREAS, staff has been applying a policy on parking in the Main S t r e eta rea wh i c h s tat est hat any ,i n ten s i f i cat ion 0 f 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 Planning Commission held a duly noticed public hearing on March 18, 1987; and WHEREAS, the Planning Commission makes the following findings: 1. 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 . . Resolution Number 1454 Page 3 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. 3. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance 2-87 subject to the following conditions: 1. Variance 2-87 is approved for the conversion of a nonconforming commercial/residential use to a 4658.5 square foot commercial/office use, with a total parking requirement of 19 spaces and with 3 compact spaces provided on site. 2. The site plans submitted with the application for Variance 2-87 shall be revised to reflect, at minimum, a 9-foot rear setback on the second floor and only partially covered parking on the first floor. 3. The property owner shall agree to participate in such in- lieu parking program as has been or shall be established by the City Council for the amount equal to sixteen (16) spaces. Any changes to the total parking requirement for the site shall cause the modification of the rate of participation in 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. 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. 6. All fences and/or obstructions currently existing within the 9-foot setback area of the property shall be removed and all areas of the setback and parking area shall be uniformly covered in concrete. 7 . All construction shall be in the plans submitted, except Commission. substantial conformance with as conditioned by the Planning 8. Approval of Variance 2-87 shall be contingent upon approval of development plans by the California Coastal Commission. . - . . ~ Resolution Number 1454 Page 4 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. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 18th day of March, 1987, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Commissioners ~UA. 'l}u....I/~~I/~~.~ / ' Commissioners J?~ Commissioners I?~ Commissioners {i7JH~~ Commlssion Commlsslon