HomeMy WebLinkAboutPC Res 1593 - 1990-09-05
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RESOLUTION HUMBER 1593
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF ZONING TEXT
AllEHDMEHT 5-90, AHEIiIDING CHAPTER 28 OF %1m
CODE OF THE CITY OF SEAL RRl\CH TO ALLOW
ADDITIONS TO NONCONFORMING STRUCTURES WHICH
ARE NONCONFORMING SOLELY DUE TO DENSITY AND
TANDEM PARKING
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, the Code of the City of Seal Beach presently allows
major additions and alterations to non-conforming
residential structures which are non-conforming solely
due to density. Such approvals are granted by the
Planning Commission through the conditional use permit
process; and
WHEREAS, the Code of the citv of Seal Beach presently allows
major additions and alterations to non-conforming
residential structures which are non-conforming solely
due to the use of tandem parking when the subject
property provides all of the required parking spaces
and the proper parking spaces cannot physically be
provided on the site. Such approvals are granted by
the Planning Commission through the consent calendar
plan review process; and
WHEREAS, the Code of the citv of Seal Beach does not allow major
additions and alterations in excess of 10% of the
maximum allowable floor area to non-conforming
residential structures which are non-conforming solely
due to both density and tandem parking; and
WHEREAS, the Planning commission of the City of Seal Beach held
a duly noticed public hearing on September 5, 1990, to
discuss instituting regulations governing the
establishment and operation of coin-operated amusement
devices and arcades; and
WHEREAS, the Planning Commission of the City of Seal Beach makes
the following findings:
1. Zoning Text Amendment 5-90 will not adversely
affect the General Plan which presently calls
for high and medium density residential uses
in the affected areas.
2. The combination of the two nonconformities
(over density and use of tandem parking)
present no additional impacts upon the
community than do either of the
nonconformities alone.
3. This ZTA will require the granting of a
Conditional Use Permit by the Planning
commission, allowing public review of all
such proposals.
C'\"'D\ZTA\I~a--5.RB8
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Planning Commission
Resolution No. 1593
Page 2 of 3
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the
City of Seal Beach does hereby recommend to the City Council the
following:
Section 1.
Article 24. Paragraph 4 of Subsection A of Section
28-2407 of Chapter 28 of the Code of the citv of
Seal Beach is hereby amended as follows:
"4. Major Structural Alterations. Enlaraements or
E~Dansions to nonconforming residential
buildings and uses listed as follows may be
approved by the Planning Commission pursuant
to the approval of a conditional use permit
provided that all the requirements of this
chapter excluding density and parking are
satisfied. Provided the parcel is
nonconforming due to the use of tandem
parking when the required number of spaces
are provided and the required standard spaces
cannot be physically provided due to lot
width:
(a) One-time or cumulative enlargements
and/or expansions greater than ten
percent (10%) of the allowable floor
area.
(b) One-time or cumulative interior wall
modifications and remodeling which
involves removal of or structural
alteration to greater than fifty percent
(50%) of the structures interior bearing
walls.
(c) The number of bedrooms may not be
increased.
(d) Such expansions and enlargements shall
be permitted only if the Planning
Commission determines that all feasible
parking given the availability and
location of space on the site or the
constraints imposed by the existing
sound primary structure is provided."
Section 2.
Existing Paragraph 4 of Subsection A of Section
28-2407 of Chapter 28 of the Code of the citv of
Seal Beach is hereby renumbered to Paragraph 5.
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Planning Commission
Resolution No. 1593
Page 3 of 3
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 5th day of
September, 1990, by the following vote:
AYES:
Commissioners
Fife. SharD. McCurdv
NOES:
Commissioners
orsini
ABSENT:
Commissioners Dahlman
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