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Home My WebLink AboutCC AG PKT 2003-01-13 #G A Lie AGENDA REPORT DATE: January 13, 2003 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: ADOPTION OF RESOLUTION NUMBER c?0 7 — DENIAL OF CONDITIONAL USE PERMIT 02 -16 AND HEIGHT VARIATION 02- 5,1210 ELECTRIC AVENUE SUMMARY OF REQUEST: Waive further reading and Adopt Resolution Number dff, A Resolution of the City Council of the City of Seal Beach Denying an Application for Conditional Use Permit 02 -16 and Height Variation 02 -5, Requesting a Major Remodel and Expansion, Including a Covered Roof Access Structure that would Exceed the Height Limit, at an Existing Non - Conforming 4 -Unit Building at 1210 Electric Avenue. BACKGROUND: The City Council considered this matter at a public hearing on December 9, 2002 and determined to deny the subject Conditional Use Permit and Height Variation and requested staff to prepare the appropriate resolution. Staff has prepared the appropriate resolution for City Council consideration and is recommending the adoption of said resolution. FISCAL IMPACT: None. RECOMMENDATION: Waive further reading and Adopt Resolution Number fO/G , A Resolution of the City Council of the City of Seal Beach Denying an Application for Conditional Use Permit 02 -16 and Height Variation 02 -5, Requesting a Major Remodel and Expansion, Including a Covered Roof Access Structure that would Exceed the Height Limit, at an Existing Non - Conforming 4 -Unit Building at 1210 Electric Avenue. Agenda Item C:\Documents and Settings\LWhittenberg\My Documents \City Council \CUP 02 -16 Denial Reso Adoption CC Staff Report.doc \LW\0l -07 -03 Adoption of Resolution No.Jr'/ — Denial of Conditional Use Permit 02 -16 And Height Variation 02 -5 1210 Electric Avenue (Ghazarian) City Council Staff Report January 13, 2003 NO ' • i ) • ' P " OVE P • A ir A ,i Whittenberg John B. 'r. orski, Cit fanager -. irector of Development Servic Attachment: Resolution Number j Y A Resolu ' • , the City Council of the City of Seal Beach Denying an Application • Conditional Use Permit 02 -16 and Height Variation 02 -5, Requesting a Major Remodel and Expansion, Including a Covered Roof Access Structure that would Exceed the Height Limit, at an Existing Non - Conforming 4 -Unit Building at 1210 Electric Avenue CUP 02 -16 Denial Reso Adoption.CC Staff Report 2 • RESOLUTION NUMBER 50 9l' A RESOLUTION QF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING AN APPLICATION FOR CONDITIONAL USE PERMIT 02 -16 AND HEIGHT VARIATION 02- 5, REQUESTING A MAJOR REMODEL AND EXPANSION, INCLUDING A COVERED ROOF ACCESS STRUCTURE THAT WOULD EXCEED THE HEIGHT LIMIT, AT AN EXISTING NON - CONFORMING 4 -UNIT BUILDING AT 1210 ELECTRIC AVENUE THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On October 2, 2002, Seta Ghazarian (the "Applicant ") filed an application with the Department of Development Services for Conditional Use Permit 02 -16 and Height Variation 02 -5 at 1210 Electric Avenue. If approved, the CUP would allow a major addition to and remodel of a nonconforming 4 -unit residential structure. If approved, the Height Variation would allow the construction of a covered roof access structure in excess of applicable height limits. The property is nonconforming due to: ❑ Density: current zoning allows a maximum of 2 units on the property due to the small size of the lot; however, 4 units currently sit on the property; ❑ Inadequate Parking: current zoning requires a minimum of 8 on -site parking spaces on the property; however, due to the existing structures and size of the lot, there are only 4 parking spaces provided. ❑ Front Yard Setback: current zoning requires a minimum 12 feet front yard setback; the existing structure is setback only 7.5 feet from the front property line; and ❑ Rear Yard Setback: current zoning requires a minimum 9 feet rear yard setback; the existing structure is setback only 7 feet from the rear property line. The proposal includes the addition of approximately 140 square feet as a new first floor addition and the construction of a 1,752 square foot second floor addition at 1210 Electric Avenue. The requested additions require conditional use permit approval as a major expansion of a non - conforming structure in accordance with the provisions of Section 28 -2407 of the Code of the City of Seal Beach. The proposed covered roof access structure also requires City approval in accordance with the provisions of Section 28 -2317 of the Code of the City of Seal Beach. C:\Documents and Settings \LWhittenberg\My Documents\RESO \CUP 02 -16 (1210 Electnc).CC Denial Reso.DOC \LW\01 -07 -03 718351.3 1/ 07/03 City Council Resolution Number Conditional Use Permit 02 -16 and Height Variation 02 -5 1210 Electric Avenue January 13, 2003 Section 2. A duly noticed hearing was held before the Planning Commission on November 6, 2002 to consider Conditional Use Permit 02 -16 and Height Variation 02 -5. The Planning Commission adopted Planning Commission Resolutions 02 -40 and 02 -41, conditionally approving Conditional Use Permit 02 -16 and Height Variation 02 -5, respectively. Section 3. An appeal of the Planning Commission decisions was filed in a timely manner in conformance with the provisions of Chapter 28, Article 29.4 of the Code of the City of Seal Beach. Section 4. The City Council conducted a hearing de novo on December 9, 2002, in conformance with the provisions of Chapter 28, Article 29.4 of the Code of the City of Seal Beach. The Applicant and her representatives testified on behalf of the application. Numerous residents, including neighbors who live in close proximity to the subject property, testified and presented documentary evidence in opposition to the proposed expansion of the non - conforming use. Section 5. The record of the hearing indicates the following: a. The facts stated in Sections 1 -4 are true and correct. b. The subject property, Orange County Assessor's parcel number 199- 076-27, is located in the Residential High Density zone (RHD). c. The subject property is an irregular shaped parcel having 30.20 feet of frontage on Thirteenth Street, being 117.50 feet in depth. The property has approximately 67 feet of depth along the rear alley. The property is approximately 5,821 square feet in area and contains a single -story living unit (1210 Electric Avenue) and three apartments and four off- street parking spaces. d. The surrounding land uses and zoning are as follows: SOUTH, EAST & WEST Residential Housing located in a Residential High Density zone NORTH Public open space in the Public Land Use/Recreation (PLU/R) Zone. Section 6. Based upon the facts contained in the record, including those stated in §§ 1 -5 of this Resolution and pursuant to §§ 28 -2407, 28 -2503, 28 -2504 and 28 -2945 of the City's Code, the City Council hereby finds as follows: a. Conditional Use Permit 02 -16 and Height Variation 02 -5 are inconsistent with the provisions of the Land Use Element of the City's General Plan, for a CUP 02 -16 (1210 Electnc).CC Denial Reso 2 City Council Resolution Number Conditional Use Permit 02 -16 and Height Variation 02 -5 1210 Electric Avenue January 13, 2003 number of reasons, including but not limited to the following. As stated in Section 1, the subject property is a non - conforming property that is not in conformance with current development standards of the City. The property is too small to accommodate an expansion of a non - conforming property that, without any expansion, contains twice the number of residential units currently permitted by the City Code and half the number of legally required parking spaces. Further, both the front yard and rear back setbacks are inadequate based upon current Code standards. As shown below, expanding the existing - nonconforming structure is inconsistent with the goals and objectives of the Land Use Element to encourage uses compatible with surrounding uses and the character of the neighborhood and uses that minimize the elimination of open space. b. The building and property are inadequate in size, shape, and topography to accommodate the proposed use for the land. The number and extent of existing non - conforming conditions on the subject property, in conjunction with the proposed expansion of the subject property, would adversely impact adjoining residential uses and the character of the immediate neighborhood, by: ❑ Increasing building bulk, producing a structure that appears imbalanced and disproportionate to the size of the site and to the neighboring residential properties; ❑ Significantly impairing views and access to light and air from adjoining residential properties beyond that which would result if the structure remained at its current height; ❑ Intensifying the existing excessive residential use of the subject property; ❑ Increasing the existing excessive demand for parking, while not providing any additional on -site parking to address the increased parking demand; ❑ Exacerbating congestion in the area; and ❑ Failing to reduce any of the existing non - conforming conditions on the subject property in conjunction with the proposed expansion and the resultant impacts to the surrounding neighborhood, including double the number of permitted residential units and one -half of the required parking for those units. c. The project does not provide adequate parking, given that only four spaces currently exist on the lot and the City Code requires eight spaces. d. The proposed covered roof access structure would exceed the standard height limit. Section 7. The property owner is hereby invited and encouraged to consider a different project submittal that would increase the number of available off - street parking spaces and reduce the number of non - conforming units on the subject property. These actions would decrease parking demands from the project, and alleviate current overcrowded on- street parking issues in the surrounding neighborhood. Section 8. Based upon the foregoing, the City Council hereby denies Conditional Use Permit No. 02 -16 and Height Variation 02 -5. CUP 02 -16 (1210 Electric).CC Denial Reso 3 City Council Resolution Number Conditional Use Permit 02 -16 and Height Variation 02 -5 1210 Electric Avenue January 13, 2003 Section 9. The time within which to challenge the City Council's decision is governed by City Code Section 1 -13 and Code of Civil Procedure Section 1094.6. PASSED, APPROVED AND ADOP Fw by the Ca • . cil of the City of Seal Beach at a meeting thereof held on the 0 — day of ��i 4 . ._ , ;J , 113, by the following vote: / / Aor AYES: Councilmembe , . AA i . 414 OQ / ,' ,'.-'-`' o Azt r NOES: Councilmembers Al / ABSENT: Councilmembe _ ,� IV ABSTAIN: Councilmember _.V.v.iik) P. Coe". MAYO ATTEST: !i / ih _ �i.„. j� ' ' CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of Seal Beach, California, do ere y certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the Ci - , passed, approved, and adopted by the City Council of c of Seal Beach, at d a v lar meeting thereof held on the - day of 03. el , -/ 1 _ Clerk CUP 02 -16 (1210 Electric).CC Denial Reso 4