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HomeMy WebLinkAboutPC Res 1268 - 1982-09-01 . . . RESOLUTION NO. 1268 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF ZONING TEXT AMENDMENT ZTA-6-82 PERMITTING MINOR ADDITIONS TO LEGAL NON- CONFORMING BUILDINGS BY ISSUANCE OF A CONDITIONAL USE PERMIT WHEREAS, existing zoning regulations do not permit additions to legal nonconforming buildings; and WHEREAS, complete proh;bition of addit;ons and/or enlargement of non- conform;ng bu;ldings can serve as a deterrent to property maintenance or improvement; and WHEREAS, by permitt;ng minor additions to legal nonconforming buildings, the Plann;ng Comm;ss;on has the abil;ty to cond;tion such approvals to ;mprove the property, require amenities, correct substandard conditions and generally improve the neighborhood without adversely impacting surrounding properties. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby adopt the Policy Statement shown as Exhibit "A" and does approve and recoll1l1end to City Council Zoning Text Amendment, ZTA-6-82, permitting minor additions to legal nonconforming buildings by the issuance of a conditional use permit. PASSED AND APPROVED ON vote: , 1982 by the following September 1, AYES: NOES: ABSENT: Covington, Goldenberg, Jessner, Perrin, Smith None None ~~ Secretary to Planning Commission ,{i ~ ,."lJ EXHIBIT A . POLICY STATEMENT OF SEAL BEACH PLANNING COMMISSION ON ADDITIONS TO LEGAL NONCONFORMING BUILDINGS INTRODUCTION . Nonconforming buildings, properties or uses are those which were estab- lished or constructed in full compliance with City laws and ordinances in effect at the time of construction. At such time as zoning regulations are amended, many buildings or structures become legally nonconforming. Legal nonconforming buildings and structures may be maintained, repaired and upgraded by right provided they are not enlarged. Expansion or en- largement of nonconforming buildings or structures may be approved only on an individual case-by-case basis by the Planning Commission with the issuance of a conditional use permit. Requirements Prior to CondHional Use PermH Application 1. Property Report A complete report of the subject property shall be prepared, including lot size, zone, legal description, list and description of all permits issued for the site, any previous Planning Commission, City Council and/or Redevelopment Agency actions related to the property. 2. Full House Inspection The City Building and/or Planning Departments shall inspect the site and building, both inside and out, to determine the condition of the site and building, including but not limited to, wiring, plumbing, gas, structural integrity, roofing, condition of walls, ceiling, floor, garage, carports, etc. . The results of this inspection shall be added to the property report. The costs of the property report and full house inspections shall be paid by the applicant at the time of request. The fee shall be the City Council approved "Special Investigation Fee" used by the City. Upon application for a conditional use permit, the property report, to- gether with the full house inspection report, shall be transmitted to the Planning Commission with any staff required or recommended remedial work to be performed to correct hazards or conditions determined to be substandard in the judgment of the appropriate City department. Items Which May Be Authorized by Conditional Use Permit - Enlargement of an existing room. - Additional garages, carports and open parking. - Removal of substandard garages and use of open or enclosed parking. - Additions of'balconies, porches, bathrooms, closets, entryways, laundry rooms, storage rooms and decks. - Enclosures of balconies, porches and open entry ways. - Other similar items or amentties as approved by the Plannihg Commission. 7R.,'fA /~'B Policy Statement - legal Nonconforming Buildings Page 2 . Items Which May Be Required as Condition of CUP Approval - Reduction in the number of units by combining substandard small units into larger units. - Removal of unusable garages. - Paving of open parking areas. - Deed restrictions to restrict open spaces to open space use. - Other similar conditions deemed necessary by the Planning Commission. Items Which May Not Be Authorized by this Conditional Use Permit Procedure - Additional dwelling units. - Additional stories. - Conversion of required parking to another use. - Addition of more than 25% to the square footage of the building. - legalizing any illegal use. The above unauthorized items would be handled through the variance procedure. . .