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HomeMy WebLinkAboutPC Res 02-44 - 2002-12-04 ORIGINAL RESOLUTION NO. 02-44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 02-8, PERMITTING THE CONSTRUCTION OF A LAUNDRY ROOM FACILITY AT A NON- CONFORMING APARTMENT COMPLEX LOCATED AT 257 AND 259 SEAL BEACH BOULEVARD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On November 1, 2002, Walter von Gremp Jr. (the "Applicant") filed an application with the Department of Development Services for Minor Plan Review 02-8. The applicant is proposing to construct a 72 squarc-foot freestanding laundry room at an existing nonconforming apartment complex, subject to Minor Plan Rcview, at 257-259 Seal Beach Boulevard. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the City's Local CEQA Guidelines, staff has determined as follows: The applIcation for Minor Plan Review No. 02-8 is categorically exempt from revicw pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15301(e) (Existing Facilities), because it involves an addition to an existing residenl1a1 structure which increases the floor area by less than 50% and is less than 2,500 square feet in area; pursuant to ~ 15303 (e) (New Construction or Conversion of Small Structures), because it is an addition ofan accessory structure; and, pursuant to ~ 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed hearing was held before the Planning Commission on December 4, 2002 to consider Minor Plan Review 02-8. Section 4. The record of the hearing indicates the following: (a) On November 1, 2002, Walter von Gremp Jr. (the "Applicant") filed an application with the Department of Development Services for Minor Plan Review 02- 8. (b) Specifically, the applicant is proposing to construct a 72 square-foot freestanding laundry room at an existing nonconforming apartment complex, subject to Minor Plan Review, at 257-259 Seal Beach Boulevard. (c) The proposed laundry room is to be located 5 fect from the alley, adjacent to the southern wall of the residential structure located immediately adjacent to Landing Avenue. The laundry room is proposed to contain two washing machines and two dryers. The adjoining residential structure contains 6 units, with the southern residential structure containing 16 units. A total of 25 parking spaces are to be provided on the property. (d) The subject property, Orange County Assessor's parcel number 199-062-01, is located in the LImited CommerCIal (LC) zone. (e) The subject property is irregular in shape, having 75 feet of street frontagc on Seal Beach Boulevard, 103.49 feet of frontage on Landing Avenue, and C IlJocuments and Scltmg.\LWhiltenbergIMy DocumentslRllSOlMl'R 02-8 - 257-259 SBB PC Reso.docILW\I2-05'()2 Plannmg CommiSSIOn ResolutIOn 01-44 MilloI' Plan Review 02-8, 257-259 Seal Beach Boulevard December 4, 2002 approximately 200 feet of frontage along the rear alley, with a lot area of approximately 14,230 square feet. (t) The surrounding land uses and zoning are as follows: D SOUTH: A mixture of light retail, professional officc and residential uses in the Limited Commercial (L-C) zone. D EAST: The Scal Beach naval Weapons Station in the Public Land UseIRecreation (PLUIR) zone. D WEST: A mixture of single and multiple-family residennal housing in a ResidentIal Medium Density (RMD) zone. D NORTH: A mixture of SIngle and multiple-family housing located in a General Commercial (C-2) and Residential Medium DenSIty (RMD) zone. (g) The property is nonconforming due to dcnsity, parking and setbacks. The use of the property as an apartment is a legal non-conforming use in the LimIted Commercial zone. The property was originally constructed and used as a hotel facility in several different phases. Between 1948 and 1951 building permits were issued for a total of 6 motel units and a garage. It is believed that the structures subject to these permits are the structures located adjacent to Landing Avenue. (h) In June I 964 the Planning Commission approved a variance for the construction of a 16-unit addition to the motel. The variance was approved as a use variance to allow a motel in the C-l Zone that existed on the property at that time, and to allow an encroachment into the rear yard setback. The City Council approved the recommendation of the Planning Commission on June 15, 1964. Construction of the 6,000 square-foot, 16-unit complex was completed in Decembcr, 1964. The plumbing permit on file for this construction indicates that each unit was provided With a kitchen sink and garbage disposal. At an unknown time the entire complex was converted to apartmcnt use, and has been utilized for apartment uses sincc that time. In 1983 a building permit was issued and construction completed to repair ceilings, walls, and floors, garbage disposals and kitchen fixtures. (i) Due to the age of the structures and the conversion from a hotel to an apartment use, the following current non-conformmg situations exist on the property: o Density - 6 units would be permitted under the current ResidentIal High Density standards, 22 units exist on the site. o Parking - for 22 units that now exist on the site a total of 44 parking spaces would be rcquired; 26 are currently provided on the site. o Setbacks - the existing residcntial structures are setback approximately 2.5 feet from Seal Beach Boulevard, between 1 and 2 feet along Landing Avenue, 3 feet from the alley, and along the southerly property line. For these structures to comply with the current Residential High Density setbacks, the following would be required: o Along Seal Beach Boulevard - 12-foot average, 6 foot minimum (front yard sctback requirement). o Along Landing Avenue - 15% oflot width, 10 foot maximum (street side yard setback requircment). o Along the alley - 12 feet (24 fcet minus the width of the al ley: 12 foot wide alley). o Along the southern property line - 10% of lot width, 3 foot minimum, 10 foot maxImum. G) This property has recently undergone an extensive rcnovation by the new owners of the property. Renovation work includcd the provision of upgraded electrical and plumbing systems for all of the units, repair and renovation of interior walls, a new roof, exterior renovations and installation of common areas for use by the residents. This work was completed in August 2002. (k) Staff has received no responses, written or other, to its mailed notice regarding Minor Plan Review 02-8. MPR 02-8 - 257-259 SBB PC R...u 2 Planning CommissIOn ResolutIOn 02-44 Mlllor Plan Review 02-8, 257-259 Seal Beach Boulevard December 4, 2002 Section 5. Based upon the evidence in the record, including the facts stated in ~ 4 of this resolution and pursuant to ~ 28-401 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 02-8 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Limitcd Commercial" designation for the subject property and recognizes the existence of existing legal non- conforming residential uses within this zoning designation. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and rcflected in, the Land Use Element. Accordingly, the proposed usc is consistent with the General Plan. (b) The property that is the subject of Minor Plan ReVIew 02-8 is an existing legal non-conforming reSIdential use, and the requested addition of a laundry facihty is an allowable modification to the existing usc in accordance with the provision of Section 28-2407.A.2.(j) upon determination of the Planning CommIssion. (c) The Planning Commission determines that the requested addition of a laundry facility is an allowable modification to the existing use in accordance with the provision of Section 28-2407.A.2.G) of the Code of the City of Seal Beach. (d) In order to accommodate the requested laundry room facility, one parking space is proposed to be eliminated. The proposed restnping of the parking area will result in a total of 25 spaces to be provided for 22 residential uruts. Prior to the recent renovations to the property, a total of 23 parking spaces were provided on the property. Section 6. Based on the foregoing, the Planning CommIssion hereby approves Minor Plan Review 02-8, subject to the following conditIOns: 1. All construction shall in substantially similar to the plans submitted ill conjunction with the application for Minor Plan Review 02-8. 2. The indicated parking space and the adjoining trash area enclosures shall be paved and completed prior to a final inspection for the subject laundry room structure. 3. This Minor Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 4. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occumng or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arismg out of or connected with the performance of the use permitted hereby. Apphcant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs illcurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. MPR 02-8 - 257-259 SBB PC Reso 3 PlulIl/lng CommiSSIOn Re~ulution 02-44 Mznor Plan Review 02-8. 257-259 SeulBeach Boulevard Decemhel 4, 2002 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 4th day of December 2002, by the following vote: AYES: Commissioners Deaton, Hood, Ladner, and Shanks NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners Sharp DaVid Hood, PhD., Chai Planning Commission MI'R 02-8 - 257-259 SBB PC [{eso 4