HomeMy WebLinkAboutPC Res 1611 - 1991-02-06
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RESOLUTION NUMBER 1611
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING MINOR PLAN
REVIEW 13-90, A REQUEST FOR REMODEL AND
ADDITION TO A NONCONFORMING FIVE (5) UNIT
APARTMENT LOCATED AT 123 EIGHTH STREET, SEAL
BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS, on September 18, 1990, Mitchell Sheltraw filed an
application with the Department of Development Services
for Minor Plan Review 13-90, a request for remodel and
addition to a nonconforming five (5) unit apartment
located at 123 Eighth Street, Seal Beach; and
WHEREAS, the applicant proposed the addition of approximately
801 square feet, including four (4) new dens; and
WHEREAS, on November 28, 1990, the Planning Commission of the
city of Seal Beach, at a meeting thereof, considered
and denied Minor Plan Review 13-90; and
WHEREAS, the applicant appealed the decision of the Planning
Commission to the City Council who, on January 14,
1991, considered the appeal during a public hearing, at
which the Council remanded the matter back to the
Planning Commission, thereby allowing the appellant to
re-submit revised plans the Commission for additional
consideration; and
WHEREAS, on February 6, 1991, the Planning commission considered
revised building plans for the subject property; and
WHEREAS, the subject property, Orange County Assessor's map book
199 block 033 parcel 4, contains approximately 4,406
square feet of lot area; and
WHEREAS, the subject property is legally nonconforming due to
density, parking and inadequate rear setback; and
WHEREAS, the subject property provIdes three (3) of the ten (10)
required parking spaces (30%); and
WHEREAS, Section 28-210 of The Code of the city of Seal Beach
(Code) defines a bedroom as follows:
"Bedroom" means, for purposes of determining
required parking spaces, all rooms other than
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Resolution No. 1611
planning Commission
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a living room, kitchen, hall, pantry, closet
or bathroom; and
WHEREAS, section 2S-2407(A)(2)((i))((2)) of the Code prohibits
an increase in the number of bedrooms if a property is
nonconforming due to density.
WHEREAS, the subject property is surrounded by a mixture of
residential uses in the Residential High Density zone,
(RHD); and
WHEREAS, the Planning commission makes the following findings:
1. The two points of entry and stem walls in each of
the expanded bedrooms provides too great an
opportunity for future subdivision of the
bedrooms, increasing the number of bedrooms on the
subject property.
2. In rental units there is a high correlation
between the number of bedrooms and the number of
occupants. An increase of four (4) bedrooms on
the subject property has a high probability of
increasing the number of tenants and thus,
increasing demand for the already substandard
parking.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the
city of Seal Beach does hereby approve Minor Plan Review 13-90
subject to the following conditions:
1. Minor Plan Review 13-90 is approved for the remodel and
addition of SOl square feet of living space to a legal
non-conforming structure at 123 8th street.
2. All electric meters shall be replaced and the garage
rewired.
3. Hard wired smoke detectors shall be installed i each
apartment in accordance with the provisions of the
Uniform Buildinq Code.
4. Drywall shall be installed throughout the garage,
including around existing steel posts, with 5/8 type
"X" drywall.
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Resolution No. 1611
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5. The existing exterior staircase shall be removed (as
per approved plans).
6. The interior stub walls and walls separating the door,
in the proposed plans, shall be removed and a single
point of access to the bedroom be provided.
7. All construction shall be in substantial compliance
with the plans approved through Minor Plan Review 13-
90.
8. The applicant shall record a covenant on the Title of
property, which shall run with the land, stating that
the units shall not be advertised, sold, rented or
leased claiming the presence of more than one bedroom
per unit, until and unless the Code is amended so as to
allow the units to be converted to more than one
bedroom.
9. Given the degree of shortness of this property from its
required parking, the applicant shall be required at
the time of any new leasing or renting of any of these
dwelling units, to include in the lease or rental
agreement a specific requirement that the tenant use
whatever garage, if any, is assigned to that particular
unit primarily for parking and not use it in any manner
which makes the garage unsuitable for parking. And
that the tenant, upon reasonable notice from the City,
shall permit inspection of the garage for compliance
with this condition.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 6th day of
February, 1991, by the following vote:
AYES: Commissioners Or S"ll'\i ) ShoJp) M,c.c.u.rd'l/ F,"FG... PAI-\"\...r-1r'\f\1
NOES: Commissioners
ABSENT: Commissioners
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Resolution No. 1611
Planning commission
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