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Home My WebLink AboutPC Res 06-21 - 2006-06-21 RESOLUTION NUMBER 06-21 OR/S//II IV41. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 06-4 FOR TWO CONDOMINIUMS AT 132 13IH STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIOn I On Apnl 18, 2006, Scott LevItt, MembeI of 132 13th Street LLC, submItted a request for a ConditIOnal Use PermIt wIth the Department of Development Services Section 2 The proposed request IS to approve a Condlllonal Use Permit for two eondommlllms at 132 13th Street ConditIOnal Use PermIt approvdl ]S necessary for eondommlUms on the subject property Secllon 3 Pursuant to 14 Calif Code of Regs 9 15303b ("New Construellon or ConversIOn of Small Structures") dI1d 15315 ("Mmor Land DIvISions"), this project IS categoneally exempt from formal environmental reView, 111 compliance With the proVISIons of the Cdllfonna Environmental Quality Act Section 4 Based upon the fdets eontamed 111 the record, mcludmg those stated m &4 of thiS resolullon and pursuant to 9~28-800, 28-2503 and 28-2504 of the City's MUl1lelpdl Code, the Planmng CommissIon makes the followmg findmgs (a) On Apnl 18, 2006, Scott LevItt, Member of 132 13th Street LLC, submItted a request for a Condlllonal Use Penmt WIth the Department of Development Services (b) SpeCifically, the applicant IS seekmg a CondItIOnal Use PenllIt for the purposes of ereatmg two eondommlUms The proposal eOnf0n11S to the bUlldmg and density standards m the ReSIdential HIgh DensIty (RHD) zone (c) The subject property IS desenbed as Orange County Assessor's PdlCcl Number 199-081-10 and IS located at 132 13th Street (d) The subject property IS located at the east Side of the 100 block of 13th Street and IS compnsed of two legal lots, each 25 feet WIde by 117 5 feet deep, for a total of 5,875 (50x 117 5 =5,875) square feet (e) The surroundmg land uses and zonmg .Ire .IS follows NORTH MIx of smgle-famlly and multi-family reSidences 111 ReSIdentIal High Density (RHD) zone 10[5 Pl'lIIl1l11g COlllllll\\IOn RelOlwlOlI 06-21 Comlmonul U,e Pe'"111 06-4 - 132 /3" SI' eel JUlie 21, 2006 EAST MIX of s1l1gle-famlly and multI-famIly resIdences m ResIdenllal HIgh DensIty (RHD) zone Across 15' wide alley dnd mIX of smgle-fanllly and multI-family resIdences m Resldenllal HIgh Density (RHD) zone Across 13th Street, mix of s1l1gle-famlly and multI-famIly residences m ResIdentIal High Density (RHD) zone SOUTH WEST (0 A duly nollced public heaTIng was held before the Planmng CommIssion on June 7, 2006 to consIder the subJect ConditIonal Use PermIt 06-4 At the public healIng, the Planmng CommIssion mVlted and consIdered any and all testImony offered m favor of and m opposItIOn to saId Condlllonal Use PermIt (g) In response to the maIled and published public notices, the CIty has receIved several letters 111 opposItIon to the thIrd story portion of the proposed development assocIated wIth the subJect applicatIon At the public heanng on June 7, 2006, a few speakers spoke m favor of the application wIth the proposed thIrd story portIon of the development, but the large maJonty of speakers spoke m opposlllon to the thIrd story portIon of the development Section 5 Based upon substanllal eVIdence m the record of the heanng, meludmg the facts stated m SectIons I through 5 of thIs resolullon prepared m eonJuncllon wIth thIs proJect, and pursuant to && 28-800, 28-2503 and 28-2504 of the CIty's Mumelpal Code, the Plannmg CommIssIon hereby finds (d) A CondItIOnal Use PermIt for a three-story, two-condommlUm structure would not be consIstent with the City's General Plan A slgmfieant goal and obJectIve of the CIty's Genelal Plan IS retammg a "small-town character" Pursuant to the Land Use Element of the General Plan, the CIty's small town feel wIth a small town like population shall be preserved and enhanced In addlllon, the Land Use Element directs the City to "eontmue to provIde support for ItS resIdents, mamtam ItS 1I1frastrueture and provIde Jobs and housmg balance while stIli mamta1l1111g ItS small town atmosphere" The proposed three-story eondommlUm would be meonslstent WIth these General Plan goals and obJectIves of retallllng the CIty's small-town atmosphere and character The vast maJonty of the homes m the vlelmty are two-story structures Thus, the proposed three-story eondommlUm would be mcompatIble with surround1l1g uses (b) CondItIonal Use PermIt 06-4 for two eondommlUms, when limIted to two stones, IS consistent with the provIsIons of the Land Use Element of the City's General Plan, which provIdes a High DenSIty ResIdential zomng deslgnallon for the subJect property and penmts eondom1l1IUms subJect to the Issuance of a conditional use perrmt The vast maJonty of the homes m the vlcmlty .Ire two-story structures, and therefore approvmg a two-story eondomnllum would not detract from the General Plan goals of retammg the CIty's small-town atmosphere and character The use IS also consIstent WIth the remammg elements of the CIty'S General Plan, as the poliCies of those clements are consIstent WIth, and reflected m, the Land Use Element Aeeordmgly, the proposed use IS consIstent WIth the General Plan, when limIted to a maximum of two stones and 25 feet m heIght (c) The bUlld1l1g and property at 132 13th Street are adequate 111 Size, shape, topography and locatIOn to meet the needs of the proposed use of the property, when limIted to a 20[5 Planlllllg COIllIll...1011 Re.olulw/I 06-2/ COlldmo/ltll U,e Pe'IIl11 06-4 - /32 /3" SI' eel JUlie 21, 2006 maximum of two stones and 25 feet m height The property IS approxImately 0 135 acres m area (d) The proposal conforms to the densIty reqUirements of I umt per 2,178 square feet of lot area and the mlmmum lot size of 2,500 per umt m the DIStrict I, ReSidential HIgh Density (RHD) zone (e) At the public heanng held on June 7, 2006, a slgmfiednt number of nelghbonng reSidents opposed constructIon of a third story 111 conJunction With the subJect appllcallon request (0 Letters received and public tesllmony heard on June 7, 2006, m response to maIled and published public nollces, mdleate the proposed structure With a thIrd story component IS not compatIble and consistent With the surroundmg neighborhood The Dlstnet I, RHD zone IS VClY dense and congested, and the third story component would hdve detnmental effects on the adJommg narrower reSidential propertIes that are restneted to two stones, due to the potenllally adverse Impacts on light, airflow, pnvaey and vIews (g) The meompallblllty of the third story WIth the surroundmg neIghborhood IS also established by the lack of SImIlar three-story structures The vast maJonty of homes m the Old Town, Plannmg Dlstnct I, cast of Mam Street neIghborhood are two stones In thiS area, there arc 48 properties With wIdths of 50 feet 01 more, but of these 48 properties, only 6 cunently have 3-story structures and these are conSIdered legal, non-eonformmg for densIty and bUlldmg area (h) Approval of thiS applicatIOn, as condllloned to two-story development, IS compatIble to and consistent WIth the surroundmg neIghborhood (I) Approval of thIS application, as eondllloned to two-story development, would not be detnmental to the surroundmg neighborhood SectIon 6 Based upon the foreg01l1g, the Planmng CommIssIon hereby approves CondItIOnal Use Penlllt 06-4, subJect to the follow1l1g conditIons CondItIOnal Use Permit 06-4 IS approved for a two-umt eondommlUm at 132 13th Street, cont1l1gent on approval of Tentative Parcel Map 2006-160 by the CIty Council ThiS CUP shall not become effective for any purpose unless and until the CouncIl has Issued such approval 2 All development shall be limIted 111 height to two stones, 25 feet maxImum heIght 3 The applicant shall prOVIde a copy of the Covenants, Condlllons and Restnetlons (CC&Rs) to the Dcpartment of Development SerYIees pnor to submIttal to the Callfonlla Department of Real Estate CC&Rs shall melude mamtenance of common areas, meludmg open space, pavement areas and extenor ofbUlldmg structures 30f5 PIIIIlIllllg CO/llIll/l>1011 ResolullOlI 06-2/ COlUlmolltll Use Pellll/I 06-4 . /32 13" S/I eel JUlie 2/, 2006 4 ThIS CUP shall not become effectIve for any purpose unless/unlll a City "Acceptance of Condlllons" form has been Signed by the applicant m the presence of the Director of Development Services, or notanzed and retumed to the Planmng Department, and until the ten (10) calendar-day appeal penod has elapsed 5 ThIS CUP shall become null and VOId unless exercised wlthm one (I) year of the date of final approval, or such extension of lIme as mdY be granted by the Planmng CommIssIon pursudnt to a wntten request for extensIOn submitted to the Department of Development Services a mmlmum ofmnety (90) days pnor to such expiratIon date 6 The applicant shall mdemmfy, defend and hold hamlless City, ItS officers, agents and employees (collectIvely "the CIty" heremafter) from any and all claIms and losses whatsoever oecurrmg or resultmg to any and all persons, fimls, or corporatIons fumlshmg or supplymg work, serVIces, matenals, or supplies 111 connectIon wIth the performance of the use permItted hereby or the exerCIse of the nghts granted herem, and aI1Y and all claIms, laWSUits or actIons ansmg from the grantmg of or the exercIse of the nghts permitted by thIS CondItIonal Use PermIt, and from any and all claims and losses oeeurrmg or resuItmg to any person, firm, corporatIon or property for damdge, mJulY or death ansmg out of or connected with the performance of the use permitted hereby Applicant's obligatIon to mdeml1lfy, defend and hold harmless the City as stated herem shall melude, but not be limIted to, paymg all fees and costs 1I1eurred by legal eounsel of the City's chOIce m represent1l1g the City m connectIon with any such claIms, losses, laWSUits or actIons, expert witness fees, and any award of damages, Judgments, verdicts, court costs or attomeys' fees m any such laWSUIt or action 7 ThIS CUP shall not become effectIve for any purpose unless/untIl a CIty "Acceptance of ConditIOns" form has been SIgned by the applicant 111 the presence of the Director of Development ServIces, or notanzed and retumed to the Planl1lng Department, and untIl the ten (10) calenddr-day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the Planmng CommIssion of the CIty of Seal Bedeh at .I meetmg thereof held on the 21st day of June 2006 by the followmg vote A YES CommIssIoners Deaton, Ladner, O'Malley, and Roberts, NOES Commissioners None ABSENT CommIssioners None 40f5 ee Wlllttenberg Secretary, Plannmg CommlSSlo **** 50f5 Plmllllllg COlllllllSMOII Re.olutlOlI 06-21 COlldmOlUlI U.e Pe'lI/l1 06-4 - /32 13" SI, eel June 2/, 2006 d./'h~O.AJ.h?~) / Ellery Deaton Aetmg ChaIrperson, Plannmg CommIssion