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Home My WebLink About4 - CUP 12-16 (246 17th Street)4 September 19, 2012 To: Honorable Chairwoman and Members of the Planning Commission From: Department of Community Development Subject: Conditional Use Permit 12 -16 24617 th Street GENERAL D _ O TORIJONES ers: GREG AND KRYSTAL GARZA Location: 24617TH STREET of Property: RESIDENTIAL HIGH DENSITY (RHD -20) Request: FOR A CONDITIONAL USE PERMIT (CUP) TO ALLOW AN APPROXIMATELY 633 SQUARE FOOT ROOM ADDITION, AN APPROXIMATELY 210 SQUARE FOOT ROOF DECK ADDITION, AND AN APPROXIMATELY 93 SQUARE FOOT GARAGE ADDITION TO AN EXISTING, NONCONFORMING SINGLE FAMILY DWELLING WITHIN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONE AT 246 17TH STREET. THE PROPERTY IS NONCONFORMING DUE TO SUBSTANDARD GARAGE SPACE AND SUBSTANDARD GARAGE SETBACKS. Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF CEQA. (Code Sections: SECTIONS 11.2.05; 11.4.40.020; AND 11.5.20 OF THE SEAL BEACH MUNICIPAL CODE APPROVE CONDITIONAL USE PERMIT 12 -16, SUBJECT TO CONDITIONS, THROUGH THE ADOPTION OF RESOLUTION- No. 12-27. C:U Users \kwalton\AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook\EZV126MF \CUP 12 -16 246 17th Street - PC Staff Report.doc Planning Commission Staff Report Conditional Use Permit 12-16 246 17' Street September 19, 2012 FACTSJ ❑ On August 20, 2012, Tori Jones, ("the applicant"), submitted an application for Conditional Use Permit 12-16 with the Department of Community Development. ❑ Specifically, the applicant is proposing to add an approximately 633 square foot room addition, an approximately 201 square foot roof deck addition, and an approximately 93 square foot garage addition to an existing, nonconforming Single Family Dwelling within the Residential High Density (RHD-20) zone. The property is nonconforming due to substandard garage space and substandard garage setbacks. ❑ The Zoning Code allows certain square footage expansions to nonconforming Single Family Dwellings through the Conditional Use Permit process. ❑ Adding 93 square feet to the garage would bring the garage into conformance with respect to garage area but garage setbacks would remain nonconforming. ❑ The subject property is rectangular and comprises 2,500 sq. ft. in area. The parcel dimensions are 25'x 100'. ❑ Surrounding land uses and zoning are as follows: NORTH: Single and Multi family residences in the Residential High Density (RHD-20) zone SOUTH: Single and Multi-family residences in the Residential High Density (RHD-20) zone EAST: Single and Multi-family residences in the Limited Commercial/Residential Medium Density (LC/RMD) zone WEST: Single and Multi-family residences in the Residential High Density (RHD-20) zone ❑ The subject property is located in the Residential High Density (RHD-20) zone within the neighborhood generally referred to as "Old Town". DISCUSSION I Section 11.4.40.020 of the Seal Beach Municipal Code (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 make additions to a Single Family Dwelling that would otherwise be permitted by right, except for the fact that the existing single car garage does not conform to the current Zoning Code's two car garage requirement and due to CUP 12-16 246 17th Street - PC Staff Report Planning Commission Staff Report Conditional Use Permit 12-16 246 17"' Street September 19, 2012 the existing garage having nonconforming side and rear yard setbacks. The existing side yard setback on the north side of the garage is 1' -0" (3'-0" is the minimum required setback) and the existing rear yard setback on the east side of the garage is 8'-0" {12'- 0" is the minimum required setback). Staff was unable to find actual City permits on file for the original construction and it is assumed that these structures were legally built. Based on their layout and method of construction, staff estimates that the structures were probably built sometime in the 1930's or 1940's. Aerial photography from 1952 shows the house and garage structures in existence on the property and compared to recent aerial photography, it appears that no modifications have occurred on the property since the time of original construction. All proposed new construction will be required to comply with current building code and zoning code requirements. The proposed expansion involves a 273 square foot first floor addition, a 360 square foot second floor addition, a 93 square foot garage addition, and a 210 square foot roof deck addition. 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. Section 11.4.40.020 of the Seal Beach Municipal Code gives the Planning Commission authority to grant a Conditional Use Permit for structural alterations or additions to any single unit residence that is nonconforming with respect to maximum building height or minimum building setbacks only. In this particular case, the property owner will be required to bring the garage area into conformance (two car garage), but wishes to retain the nonconforming garage setbacks. The proposed additions will result in additional off-street parking for the subject premises, a modest expansion of the existing residence, and would also retain much of the character and charm of the residence and neighborhood. It is the opinion of Planning Staff that the proposed addition to the subject property, as conditioned, conforms to the provisions of Section 11.4.40.020 of the Code, and will allow the property owner a reasonable expansion of their property. As of September 13, 2012, the City has received one comment in support of the project, in response to the public hearing notices that were mailed and published for CUP 12-16. RECOMMENDATION Staff believes that the proposed addition of approximately 633 square feet of living area, 93 square feet of garage area, and a 210 square foot roof deck 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. CUP 12-16 246 17th Street - PC Staff Report 3 Planning Commission Staff Report Conditional Use Permit 12-16 24617' Street September 19, 2012 Staff recommends that the Planning Commission approve Conditional Use Permit 12- 16 as presented, subject to conditions. For: September 19, 2012 Jerome Olivera, AICP Senior Planner Department of Community Development Attachments (2): Attachment 1: Proposed Resolution No. 12-27, A Resolution of the Planning Commission of the City of Seal Beach Approving Conditional Use Permit 12-16, for the addition of approximately 633 square feet of living area, 93 square feet of garage area, and a 210 square foot roof deck to an existing, nonconforming single-family dwelling at 246 17th Street, Seal Beach. Attachment 2: Project Plans CUP 12-16 246 17th Street - PC Staff Report 4 Planning Commission Staff Report Conditional Use Permit 12 -16 246 17" Street September 19, 2012 ♦ f.1101201 J, 140 11 M I RESOLUTION NUMBER 12-27 - A RESOLUTION OF PLANNING COMMISSION • PERMIT OF SEAL BEACH APPROVING CONDITIONAL USE FOR THE ADDITION OF APPROXIMATELY 633 SQUARE OF LIVING AREA, 93 SQUARE OF AREA, AND 1 210 SQUARE •• ••• DECK TO AN NONCONFORMING SINGLE- FAMILY DWELLING AT 246 17 TH - f BEACH. CUP 12 -16 246 17th Street - PC Staff Report 5 Planning Commission Staff Report Conditional Use Permit 12 -16 246171 Street September 19, 2012 ` RESOLUTION OF COMMISSION OF OF ` APPROVING • ! • • FOR THE ADDITION OF APPROXIMATELY 633 SQUARE OF AREA, 93 SQUARE FEET OF . . AREA, . . . SQUARE FOOT ROOF DECK TO AN EXISTING, NONCONFORMING SINGLE- AT ,6 17 rH STREET, SEAL BEACH. • i • i ` 11E !i ' i Section 1. On August 20, 2012, Tori Jones, ( "the applicant "), submitted an application for Conditional Use Permit 12 -16 with the Department of Community Development. Section 2. The applicant is proposing to add approximately 633 square feet of living area, 93 square feet of garage area, and a 210 square foot roof deck to an existing, nonconforming single - family dwelling. The property is nonconforming due to substandard garage space and substandard garage setbacks. 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 12 -16 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. Section 4. A duly noticed hearing was held before the Planning Commission on September 19, 2012, to consider the application for Conditional Use Permit 12 -16. Section 5. The record of the hearing on September 19, 2012, indicates • • 1 9 • CUP 12 -16 246 17th Street - PC Staff Report 6 Planning Commission Staff Report Conditional Use Permit 12-16 246 17m Street September 19, 2012 (a) On August 20, 2012, Tori Jones ("the applicant") submitted an application for Conditional Use Permit 12-16 with the Department of Community Development. (b) Specifically, the applicant is proposing to add approximately 633 square feet of living area, 93 square feet of garage area, and a 210 square foot roof deck to an existing, nonconforming single-family dwelling. The property is nonconforming due to substandard garage space and substandard garage setbacks. (C) The subject property is located in the Residential High Density (RHD-20) zone within the neighborhood generally referred to as "Old Town". (d) The surrounding land uses and zoning are as follows: NORTH: Single and Multi family residences in the Residential High Density (RHD-20) zone SOUTH: Single and Multi-family residences in the Residential High Density (RHD-20) zone EAST: Single and Multi-family residences in the Limited Commercial/Residential Medium Density (LC/RMD) zone WEST: Single and Multi-family residences in the Residential High Density (RHD-20) zone (e) The subject property is located in a developed, single and multi- family residential neighborhood on a relatively flat lot. The proposed addition will not have any adverse impacts to adjacent properties, since all new construction will be required to comply with all current building code and zoning code requirements. (f) The City has received one comment in support of the project, in response to the mailed and published hearing notices for CUP 12-16. 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 12-16, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "High 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, since all new construction will be required to comply with all current building code and zoning code requirements. CUP 12-16 246 17th Street - PC Staff Report 7 Planning Commission Staff Report Conditional Use Permit 12-16 246 17"' Street September 19, 2012 Section 7. Based it the foregoing, the PlanningCommission here approves Conditional Use Permit 12-16, subject to the following conditions: I Conditional Use Permit 12-16 is approved for an approximately 633 square foot room addition, 93 square foot garage addition, and a 210 square foot roof deck addition to an existing, nonconforming single-family dwelling at 246 17th Street, 2. All construction shall be in substantial compliance with the submitted plans approved through Conditional Use Permit 12-16. All new construction and setbacks shall comply with all applicable sections of the California Residential Code and 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. 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 Community Development Director, or notarized and returned to the Planning Division, and until the ten (10) day appeal period has elapsed. 6. 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. 7. Failure to comply with any of the aforementioned conditions may result in the revocation of this Conditional Use Permit. CUP 12-16 246 17th Street - PC Staff Report Planning Commission Staff Report Conditional Use Permit 12-16 246 17' Street September 19, 2012 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of 1 2012 by the following vote: AYES: Commissioners NOES: Commissioners ABSTAIN: Commissioners ABSENT: Conuissioters Sandra Massa-Lavitt, Chairwoman Planning Commission Greg Hastings Interim Secretary - Planning Commission CUP 12-16 246 17th Street - PC Staff Report 9 Planning Commission Staff Report Conditional Use Permit 12 -16 246 17t" Street September 19, 2012 PROJECT PLANS CUP 12 -16 246 17th Street - PC Staff Report 10