HomeMy WebLinkAboutPC Res 1651 - 1991-12-18
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RESOLUTION NUMBER 1651
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH DENYING CONDITIONAL USE PERMIT 12-91, A
REQUEST FOR AFTER- THE-F ACT APPROVAL OF ILLEGALLY
CONSTRUCTED IMPROVEMENTS TO AN EXISTING
STRUCTURE AT 1120 CENTRAL AVENUE
THE PLANNlNG COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOL VB
SECTION 1. On July 24, 1991, Bruce M Stark and Michelle A Brendel, owners of property
located at 1120 Central Avenue, filed an apphcatJOn for CUP 12-91 to amend CUP 4-89 to legalize
certain Improvements to that property constructed without the necessary permits and In VIOlation of the
Code of the City of Seal Beach
SECTION 2. A duly noticed pubhc heanng to consider thiS matter was held before the
Planmng Commission on September 4,1991 and was continued to November 6, 1991 and December 4,
1991
SECTION 3.
the follOWing
The eVidence, both wntten and oral, submitted at the public heanngs indicated
(a) The City granted CUP 4-89 to the apphcants pursuant to Section 28-2407 of the
Code of the City of Seal Beach to allow a major remodel and addition of approximately 811 square feet
of habitable liVing area and 1,620 square feet of garage, laundry and storage areas to the
nonconforming duplex located at 1120 Central Avenue The total area added to the duplex pursuant to
CUP 4-89 was 2,431 square feet Specifically, the breakdown of the project was as follows
UNIT A'
Floor Area
Parking
Umt Type
1,392 square feet
Two standard, one tandem space
1 bedroom, l-Y. baths
UNIT B
Floor Area
Parlang
Umt Type
1,946 square feet
Two standard, one tandem space
2 bedrooms, 2 Y. baths, and
(b) The Planmng Commission granted the applicants CUP 10-90 to permit the
conversIOn of the subject duplex to a condominIUm on September 19, 1990 The final parcel map for
that conversIOn has not yet been submitted to the City for approval
(c) The subject property IS legally descnbed as portIOns of Lots 45 and 47, Block 11,
of the Bay City Tract as shown In a map recorded In Book 3, Page 19, of Miscellaneous Maps, Records
of County of Orange, Cahfomla and IS also descnbed as Orange County Assessor's Parcel Number
1 99-D72-24
(d) The subject property IS flat topographically and nearly square In shape measunng
50' x 55' and 2,750 total square feet
(e) The subject property IS located on Central Avenue, 92Y. feet west-northwest of
the centerline of 12th Street and consists of a three-story, tWO-unit apartment
(f) The subject property IS surrounded on all Sides by a mixture of Single family and
multi-family reSidences In the ReSidential High DenSity (RHD) zone
(g) The zomng ordinance presently permits a Single dwelling unit on thiS parcel
Therefore the eXlstmg duplex exceeds the denSity permitted by the Code and the use IS subject to the
regulations applicable to nonconfonmng uses set forth In SectIOns 28-2400 to 28-2408 of the Code of
the City of Seal Beach
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Plannmg Commission Resolul1on No 1651
(h) The Improvements which are the subJect of this application for after-the-fact
approval were Installed Without necessary permits and Violate the conditIOns Imposed pursuant to CUP
4-89, which authorized the expansIOn of the structure
(I) The subJect property IS located In the Residential High DenSity zone of the City,
where a chromc shortage of parkmg eXIsts due to the development of the area pnor to the
Implementation of contemporary parking standards
(J) EXisting sewer, water, electrical, and other utlhty Infrastructure In the area would
be overtaxed If the properties m the zone were permitted to develop at greater denSIties than presently
authonzed by the zomng ordinance
SECTION 4. Based on the facts stated In Section 3 and the other eVidence presented, the
Commission hereby finds as follows
(a) The non-permitted addition of a kitchen, two (2) bedrooms (as defined In SectIon
28-210 of the Code of the City of Seal Beach) and two (2) bathrooIns to the garage area of the subJect
property creates a new dwelling umt and, therefore, Violates Section 28-2400 of the City Code which
prohibits the establish of addItional uses on a Jot which is presently nonconformmg, unless such
adwtlonal use IS conforming and, In additIons, such additional use does not Increase the nonconformity,
therefore, the application cannot be approved as presented
(b) The non-permitted Improvements which are the subJect of thiS application are of
a deSign that lends Itself to use as an non-permitted additIOnal dwelling umt on the property
(c) Non-permitted use of these Improvements as an additional reSidentIal umt can be
deterred by returmng the property to the condition authonzed upon ItS expansIOn pursuant to CUP
4-89
(d) The floor plan approved pursuant to CUP 4-89 makes an appropnate use of the
first floor of thiS property and the nghts conferred by CUP 4-89 and CUP 10-90, permits the applicant
substantial enJoyment of the property, and preserves the property's nonconformIng denSity
(e) Occupancy of a non-permitted additIOnal dwelling unit would make the use of
thiS property incompatible With surrounding uses and With the commuOlty In general because It would
exacerbate eXisting parking problems and would contribute to the cumulatIve overtaxing of sewer,
water, electrical and other Infrastructure
(f) Enforcement of the City's denSity reqUirements IS necessary to protect the public
healtli, safety and welfare and approval of the proposal would undermine efforts to do so by faCilitating
the occupancy of a non-permitted umt
SECTION 5. Based upon the foregOing, the Planmng Commission of the City of Seal Beach
hereby denies ConditIonal Use Permit 12-91
PASSED, APPROVED AND ADOPTED by the Plannmg CommiSSIOn of the City of Seal Beach at a
meeting thereof held on the 18th day of December, 1991, by the foUoWIng vote
AYES CommlSslOners
Fife. Law_ Dahlman. Sham
NOES Commlssloners
Orsini
ABSENT Commissioners
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, J-~ Whittenberg, Secretary
J Planmng Commission
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