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HomeMy WebLinkAbout7 - CUP 11-5 612 Ocean AveJuly 20, 2011 STAFF REPORT To: Honorable Chairwoman and Members of the Planning Commission From: Department of Development Services Subject: Conditional Use Permit 11 -5 612 Ocean Avenue GENERAL DESCRIPTION Applicant: nWnArc I nr-n inn- Classification of Property: EDDIE KESKY GLEN AND DEBBIE BICKERSTAFF 612 OCEAN AVENUE RESIDENTIAL LOW DENSITY (RLD -9) Request: FOR THE ADDITION OF HABITABLE SQUARE FOOTAGE WITHIN A NONCONFORMING SINGLE - FAMILY DWELLING. SPECIFICALLY, THE APPLICANT IS PROPOSING TO ADD APPROXIMATELY 638 SQUARE FEET TO THE SECOND FLOOR OF A SINGLE - FAMILY DWELLING WITH A NONCONFORMING REAR -YARD SETBACK. Environmental Review: PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) SECTION 15301(E)(1) — EXISTING FACILITIES, THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. Code Sections: Recommendation: SECTIONS 11.2.05; 11.4.40.020; AND 11.5.20 OF THE SEAL BEACH MUNICIPAL CODE APPROVE CONDITIONAL USE PERMIT 11 -5, SUBJECT TO CONDITIONS, THROUGH THE ADOPTION OF RESOLUTION 11 -16. Z: \Conditional Use Permits \CUP 11 -5 612 Ocean Avenue \CUP 11 -5 612 Ocean Avenue -PC Staff Report.doc Planning Commission Staff Report Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 FACTS ❑ On June 7, 2011, Eddie Kesky, ( "the applicant "), submitted an application for Conditional Use Permit 11 -5 with the Department of Development Services. ❑ Specifically, the applicant is proposing to add approximately 638 square feet to the second floor of a nonconforming single - family dwelling. The property is nonconforming because of an attached, beach level, enclosed patio structure that encroaches into the rear yard setback area. ❑ The subject property is rectangular and comprises approximately 6,860 sq. ft. in area. The parcel dimensions are approximately 35' x 196'. ❑ Surrounding land uses and zoning are as follows: NORTH: Single and Multi family residences in the Residential High Density (RHD -20) zone SOUTH: Beach; Pacific Ocean EAST: Single family residences in the Residential Low Density (RLD -9) zone WEST: Single family residences in the Residential Low Density (RLD -9) zone ❑ The subject property is located in the Residential Low Density (RHD -9) zone within the neighborhood generally referred to as "Gold Coast ". DISCUSSION Section 11.4.40.020 of the Code of the City of Seal Beach ( Code ) sets forth standards for structural alterations or additions to nonconforming single -unit residential structures, pursuant to Conditional Use Permit approval from the Planning Commission. The applicant is proposing to add approximately 638 square feet to an existing second story that would otherwise be permitted by right, except for the fact that there is an existing, attached patio enclosure that projects into the required rear yard setback area. While this patio structure is built upon the sewer easement located within the rear yard areas of the properties along the Gold Coast, there is evidence within the permit file on record at City Hall that this structure was legally built and inspected and is therefore considered a legal, nonconforming structure. CUP 11 -5 612 Ocean Avenue - PC Staff Report Planning Commission Staff Report Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 The proposed second story addition is part of a major remodel presently underway at the subject property, and the proposed expansion is not anticipated to have any adverse impacts to adjacent properties, since the expansion is in conformance with setback, building height, and lot coverage requirements. Because of the location of the nonconforming patio enclosure, Staff requests that the applicant coordinate with the City Engineer to ensure that an easement is recorded on the property that will allow the City to access the sanitary sewer beneath the patio enclosure, should the need arise in the future. The Gold Coast Architectural Committee has reviewed and approved the proposed plans as submitted. It is the opinion of Planning Staff that the proposed addition to the subject property, as conditioned, conforms with the provisions of Section 11.4.40.020 of the Code and will allow the property owner reasonable expansion of their property. As of July 12, 2011, the City has received no comments, written or otherwise, in response to the public hearing notices mailed for CUP 11 -5. RECOMMENDATION Staff believes that the proposed addition of approximately 638 square feet to the subject property conforms to the provisions of Section 11.4.40.020 of the Code The Planning Commission has authority to issue a Conditional Use Permit for the subject addition. Staff recommends that the Planning Commission approve Conditional Use Permit 11 -5 subject to the following conditions: 1. Conditional Use Permit 11 -5 is approved for an approximately 638 square foot expansion to an existing, nonconforming single - family dwelling at 612 Ocean Avenue. 2. All construction shall be in substantial compliance with the submitted plans approved through Conditional Use Permit 11 -5. All new construction and setbacks shall comply with all applicable sections of the City's Zoning Code 3. Building permits shall be obtained for all construction requiring such permits. CUP 11 -5 612 Ocean Avenue - PC Staff Report Planning Commission Staff Report Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 4. Roof pitches and exterior finishes of the proposed addition shall match or approximate existing roof pitches and building finishes. 5. The property owner shall work with the City Engineer to ensure that a utility easement is recorded on the title to the property, allowing the City access to the sanitary sewer should the need arise in the future, and requiring removal of the nonconforming patio enclosure if it is determined necessary for access to the sanitary sewer. 6. This Conditional Use Permit 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. 7. The applicant shall indemnify, defend, and hold harmless the City, its officers, agents, and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring 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 Minor Plan Review, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant'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 incurred 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. 8. Failure to comply with any of the aforementioned conditions may result in the revocation of this Conditional Use Permit. For: July 20, 2011 :�fy(mEyOlivera, AICP ni Planner epartment of Development Services CUP 11 -5 612 Ocean Avenue - PC Staff Report 4 Planning Commission Staff Report Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 Attachments (3): Attachment 1: Proposed Resolution No. 11 -16, A Resolution of the Planning Commission of the City of Seal Beach Approving Conditional Use Permit 11 -5, for the addition of approximately 638 square feet to an existing, nonconforming single - family dwelling at 612 Ocean Avenue, Seal Beach. Attachment 3: Application Attachment 4: Project Plans CUP 11 -5 612 Ocean Avenue - PC Staff Report Planning Commission Staff Report Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 ATTACHMENT 1 PROPOSED RESOLUTION 11 -16 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 11 -5, FOR THE ADDITION OF APPROXIMATELY 638 SQUARE FEET TO AN EXISTING, NONCONFORMING SINGLE - FAMILY DWELLING AT 612 OCEAN AVENUE, SEAL BEACH. CUP 11 -5 612 Ocean Avenue - PC Staff Report 6 Planning Commission Staff Report Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 RESOLUTION NUMBER 11 -16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 11 -5, FOR THE ADDITION OF APPROXIMATELY 638 SQUARE FEET TO AN EXISTING, NONCONFORMING SINGLE - FAMILY DWELLING AT 612 OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On June 7, 2011, Eddie Kesky, ( "the applicant "), submitted an application for Conditional Use Permit 11 -5 with the Department of Development Services. Section 2 . The applicant is proposing to add approximately 638 square feet to the second floor of a nonconforming single - family dwelling. The property is nonconforming because of an attached, beach level, enclosed patio structure that encroaches into the rear yard setback area. Section 3 . Pursuant to 14 Calif. Code of Regs. § 15025(a) and § 11.13 of the City's Local CEQA Guidelines, staff has determined as follows: The application for Conditional Use Permit 11 -5 is categorically exempt from review pursuant to the California Environmental Quality Act - 14 Calif. Code of Regs. § 15301(e)(1) EXISTING FACILITIES; and § 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. CUP 11 -5 612 Ocean Avenue - PC Staff Report 7 Section 4 A duly noticed hearing was held before the Planning Commission on July 20, 2011, to consider the application for Conditional Use Permit 11 -5. Section 5 The record of the hearing on July 20, 2001, indicates the following: (a) On June 7, 2011, Eddie Kesky, ( "the applicant "), submitted an application for Conditional Use Permit 11 -5 with the Department of Development Services. CUP 11 -5 612 Ocean Avenue - PC Staff Report 7 Planning Commission Staff Report Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 (b) Specifically, the applicant is proposing to add approximately 638 square feet to the second floor of a nonconforming single - family dwelling. The property is nonconforming because of an attached, beach level, enclosed patio structure that encroaches into the rear yard setback area. (c) The subject property is located in the Residential Low Density (RLD -9) zone within the neighborhood generally referred to as "Gold Coast ". (d) The surrounding land uses and zoning are as follows: NORTH: Single and Multi family residences in the Residential High Density (RHD) zone SOUTH: Beach; Pacific Ocean EAST: Single family residences in the Residential Low Density (RLD -9) zone WEST: Single family residences in the Residential Low Density (RLD -9) zone (e) The subject property is located in a developed, single and multi- family residential neighborhood on a sloping lot. The proposed addition will not have any adverse impacts to adjacent properties, since the structure is located at least six (6) feet or more from adjacent properties, which complies with Building Code separation requirements. (f) The City has received no comments, written or otherwise, responding to the mailed notices of the hearing on CUP 11 -5. Section 6 . Based upon the facts contained in the record, including those stated in Section 5 of this resolution, and pursuant to Section 11.4.40.020 of the City's Code the Planning Commission hereby finds as follows: (a) Conditional Use Permit 11 -5, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Low Density Residential" designation for the subject property and permits the proposed addition, subject to approval of a Conditional Use Permit. 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 reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The proposed addition, as conditioned, is appropriate to the surrounding neighborhood as the structure is an adequate distance from adjacent residences. Section 7 . Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 11 -5, subject to the following conditions: CUP 11 -5 612 Ocean Avenue - PC Staff Report 8 Planning Commission Staff Report Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 1. Conditional Use Permit 11 -5 is approved for an approximately 638 square foot expansion to an existing, nonconforming single - family dwelling at 612 Ocean Avenue. 2. All construction shall be in substantial compliance with the submitted plans approved through Conditional Use Permit 11 -5. All new construction and setbacks shall comply with all applicable sections of the City's Zoning Code 3. Building permits shall be obtained for all construction requiring such permits. 4. Roof pitches and exterior finishes of the proposed addition shall match or approximate existing roof pitches and building finishes. 5. The property owner shall work with the City Engineer to ensure that a utility easement is recorded on the title to the property, allowing the City access to the sanitary sewer should the need arise in the future, and requiring removal of the nonconforming patio enclosure if it is determined necessary for access to the sanitary sewer. 6. This Conditional Use Permit 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. 7. The applicant shall indemnify, defend, and hold harmless the City, its officers, agents, and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring 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 Minor Plan Review, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant'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 incurred 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. 8. Failure to comply with any of the aforementioned conditions may result in the revocation of this Conditional Use Permit. CUP 11 -5 612 Ocean Avenue - PC Staff Report 9 Planning Commission Staff Report Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of , 2011 by the following vote: AYES: Commissioners NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners Sandra Massa - Lavitt, Chairwoman Planning Commission Mark Persico, AICP Secretary - Planning Commission CUP 11 -5 612 Ocean Avenue - PC Staff Report 10 Planning Commission Staff Report Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 ATTACHMENT 2 APPLICATION CUP 11 -5 612 Ocean Avenue - PC Staff Report 1 1 OFFICE USE ONLY Application for: (Check one or more) Conditional Use Permit (CUP) ❑ Minor Use Permit (MUP) ❑ Variance (VAR) ❑ Zone Text Amendment (ZTA) ❑ GPA/Zone Change ❑ Other Hearing On r PC Mtg. Date: 6 (� GtY of Seal Beach CITY OF SEAL BEACH I JUN 7 2011 PUBLIC HEARING AP CLIGATSeN FOR OFFICE USE ONLY Application No.: Resolution No.: 1. Property Address: 61 ocegl) 2. County Assessor Parcel No: lqq — /01 06 3. Applicant Name: Address: Al t)om 7�fe `C� r ` Phone: Work Mobile: (g2-) 75151— 9S�S E -Mail Address: LcilCO/ ar P /7 A SA4, . Co 4. Property Owner Name: C5 - Address: gu Phone: Work (56 2) -'130 -YY Mobile: (5 2-) o Z3 b - 94 Y O E -Mail Address: 5. General Plan and Zoning Designation: W S 6. Present Use of Property: 7 91 9 Proposed Use of Property: t S) r 16 R equest • _> L7wal 5f +D qjw) l� i Proof of Ownership Please attach a photocopy of a picture I.D. and a photocopy of the Grant Deed provided by the applicant. OR 3 of 9 Rev. 12/9/10 tt.. , . .. ' Signed:, and application. _.. 10. Legal City of Seal Beach Public Hearing Application Form Property Owner's Affidavit to be completed and attached to the (or attach description from Title or Grant Deed): By. (Signature of Applicant) o (Pint Name) (Date) `.f�Z/ By: - (Signature of Prope wner) (Pint Name) 6 - - 7- 11 (Date) 4 of 9 Rev. Jan. 2011 Planning Commission Staff Report Conditional Use Permit 11 -5 612 Ocean Avenue July 20, 2011 ATTACHMENT 3 PROJECT PLANS CUP 11 -5 612 Ocean Avenue - PC Staff Report 12