HomeMy WebLinkAboutPC Res 1589 - 1990-08-15
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RESOLUTION NUMBER 1589
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A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 9-90, A REQUEST TO CONVERT A THREE
(3) UNIT APARTMENT INTO CONDOMINIUMS AT 1495
SEAL WAY.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, On June 7, 1990, John L. Werner filed an application
with the Department of Development Services for
Conditional Use Permit 9-90, a request to convert a
three (3) unit apartment into condominiums at 1495 Seal
Way; and
WHEREAS, The subject property is rectangular in shape and
topography, measuring 3,593 square feet (37~' x 97');
and
WHEREAS, The subject property is located on Seal Way, 57~ feet
west-northwest of the centerline of Dolphin Avenue and
consists of a three-story, three-unit apartment
constructed in 1973; and
WHEREAS, The subject property is legally described as Lot 7 and
the westerly half of Lot 6, Block 0, Tract No. 1 as
shown in a map recorded in Book 9, Page 1, of
Miscellaneous Maps, Records of County of Orange,
California; and
WHEREAS, As set forth in ~28-2322(D)(1)(b) of the Code of the
city of Seal Beach, city Building and Planning staff
inspected the site on July 30, 1990 and determined the
site meets all applicable Building and Zoning
requirements, save density; and
WHEREAS, Section 28-2322(C) of the QQdg requires multiple family
units proposed for condominium conversion conform to
all applicable zoning standards, excluding density; and
WHEREAS, The subject property received variance 4-73 allowing
for the provision of tandem parking; and
WHEREAS, Staff inspection revealed the subject garages were in
fact being utilized as six (6) separate parking spaces;
and
WHEREAS, The surrounding land uses and zoning are as follows:
NORTH, EAST
WEST
A mixture of single-family and multi-&
family dwellings in the Residential High
Density zone, (RHO).
The municipal beach and Pacific Ocean in
the Public Land Use zone, (PLU); and
WHEREAS, the Planning Commission held a duly noticed public
hearing on August 15, 1990 and voted to approve CUP 9-
90; and
SOUTH
WHEREAS, the Planning Commission makes the following findings:
1. The proposed conversion of three apartments into
condominiums at 1495 Seal Way complies with the provisions
of Code Section 28-2322.
2. The proposal is consistent with applicable zoning
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Planning Commission Res. 1589
Page 2 of 3
requirements and the General Plan.
3. The conditions imposed by the Building, Engineering, Fire
and Recreation Departments will ensure the project poses no
serious health or safety problems.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the
city of Seal Beach does hereby approve Conditional Use Permit 9-
90, subject to the following conditions:
1. conditional Use Permit 9-90 is approved for the conversion
of a three (3) unit apartment building into three (3)
condominiums at 1495 Seal Way.
2. All units shall be provided with smoke detectors as required
by the Department of Development Services and the Orange
County Fire Department.
3. The applicant shall allow the inspection of the wall
material separating the units and install one-hour fire
rated material, if not presently existing, as set forth in
~28-2322 of the Code.
4. The electric lights in the garage shall be anchored and
inspected by the Building Department.
5. The drywall in the garage shall be re-taped where necessary
and inspected by the Building Department.
6. Security lighting, dead bolt locks and window locks shall be
provided on the subject property in a manner approved of by
the Department of Development Services.
7. The applicant shall perform the primary corrections
recommended in the pest reports prepared for the subject
property by the General Pest Service Co, Inc. and dated
December 22, 1989. upon completion of these actions, a
Certificate of Correction shall be submitted to the
Department of Development Services.
8. The applicant shall provide the Department of Development
Services with the proposed Homeowners Association Bylaws and
CC&R's for the three unit condominium as required by ~28-
2322 of the Code.
9. Said By-laws and CC&R's will be reviewed by the City
Attorney, the Engineering Department and Planning Department
upon receipt. The applicant shall address any and all
required corrections and submit to the city revised By-laws
and CC&R's incorporating said corrections prior to approval
of the Final Parcel Map.
10. The applicant shall comply with any and all conditions
forthcoming from the Orange County Fire Department through
its review of the proposed Tentative Parcel Map.
11. Each dwelling unit shall be provided with separate utility
meters and utility lines (water, gas, electric and
telephone). Provided, however, that in the discretion of
the Engineering Department water may be exempted from the
separate metering requirement and the responsibility for
payment of the costs thereof handled through the CC&R's.
12. Except to the extent exempted by the city of Seal Beach
Engineering Department, the applicant shall floodproof all
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Planning Commission Res. 1589
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existing structures below the lowest floor of the building,
or below elevation 12.00 feet. The applicant shall provide
the City with proof that the structure has been certified to
comply with local floodproofing standards approved by the
Federal Insurance Administration.
13. Applicant shall provide the City with a copy of the Title
Report for the subject property indicating the property is
in the area of special flood hazards.
14. The applicant send a copy of the tentative map by certified
mail together with a copy of Section 66436 of the
Subdivision Map Act Los Angeles Trust and savings Bank and
Pacific Southwest Trust and Savings Bank which have
previously acquired an easement per the Title Report or
their successors in interest if any. The City of Seal Beach
Engineering Department a Letter of No Objection for
recording this parcel map prior to approval by the City
Council from any presently operating utility company which
is a successor in interest of either of the above-named
easement holders.
15. All taxes for the fiscal year 1990-91 shall be paid in full,
and evidence of payment provided upon submittal of the Final
Parcel Map.
ABSENT: Commissioners
/ ~ee Whittenberg, Secretary
L Planning Commission