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HomeMy WebLinkAbout2 - CUP 12-17 (226 4th Street)October 17, 2012 �y� a =1wel Z4 i To: Honorable Chairwoman and Planning Commission From: Community Development Department Subject Conditional Use Permit 12-17 226 4 th Street GENERAL DESCRIPTION Applicant: BRENT SEARS - ARCHITECT Owners:. BOB AND CATHY WEST Location: 226 4 TH STREET Classification of RESIDENTIAL HIGH DENSITY (RHD-20) Property Request: FOR A CONDITIONAL USE PERMIT (CUP) TO ALLOW A SECOND FLOOR DETACHED GUEST ROOM AND AN APPROXIMATELY 180 SQUARE FOOT EXPANSION TO A NONCONFORMING PROPERTY WITHIN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE. THE PROPERTY IS PRESENTLY NONCONFORMING DUE TO DENSITY AND A NONCONFORMING REAR YARD SETBACK. Environmental Review: THIS PROJECT IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. Code Sections: 11.2.05; 11.4.05.100.1; 11.5.20 OF THE CODE OF THE CITY OF SEAL BEACH Recommendation: APPROVE CONDITIONAL USE PERMIT 12-17, SUBJECT TO CONDITIONS. APPROVAL SHOULD BE THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTION No. 12-28. Planning Commission Staff Report Conditional Use Permit 12-17 226 4 th Street October 17, 2012 FACTS i 0 On May 7, 2012, Brent Sears (the "applicant") submitted an application for Variance 12-2 to the Community Development Department. ❑ At the regular Planning Commission Commission opened the public hearinc the public hearing so that the property together to determine if it would be I without requiring a Variance to do so. meeting of June 20, 2012, the Planning received testimony, and voted to continue owner, their architect, and staff could work ossible to accomplish the subject request ❑ After a subsequent discussion with the property owner, the architect informed staff that the property owner wished to proceed with the Variance request, but agreed to make certain changes to the existing configuration and uses on the property. ❑ At the regular Planning Commission meeting of August 1, 2012, the applicant came back before the Planning Commission to proceed with the Variance request under a revised plan. The Planning Commission subsequently denied the Variance request as revised. ❑ On August 28, 2012, the applicant made further revisions to the plan and submitted an application for a Conditional Use Permit to allow a guest room and an expansion to a nonconforming single-family dwelling. ❑ The applicant is seeking to convert -the second dwelling unit over the garage to a guest room and to add approximately 180 square feet to an existing, nonconforming multi-unit property within the Residential High Density (RHD-20) zone. The property is presently nonconforming due to it being over-density (two dwelling units on a lot where only one unit would be conforming under today's zoning code) and having a substandard rear yard setback (existing 7'-0" setback, where a 9'-0" setback would be required under today's zoning code). The applicant wishes to maintain the nonconforming setback as part of the proposed addition. ❑ The subject property contains approximately 3,525 sq. ft. and is located at 226 4th Street, in the neighborhood generally known as "Old Town". ❑ The subject property has approximately 30.0 feet of frontage on 4th Street, is approximately 117.5 feet in depth, and is rectangular in shape. ❑ The property is presently developed with an approximately 1,972 square-foot, two- story residence towards the front of the lot and a detached garage of approximately 648 square-feet, with an approximately 564 square-foot dwelling unit above the garage, towards the rear of the property. 0) Planning Commission Staff Report Conditional Use Permit 12-17 226 4t" Street October 17, 2012 M MT NORTH: Single and multiple family residences in the Residential High Density (RHD) zone, SOUTH: Single and multiple family residences in the Residential High Density (RHD) zone. EAST: Single and multiple family residences in the Residential High Density (RHD) zone. WEST: Single and multiple family residences in the Residential High Density (RHD) zone. ❑ As of October 12, 2012, Staff has received one phone call in response to the hearing notices that were mailed out and published for CUP 12-17. DISCUSSION The subject property, Orange County Assessor's parcel number 199-022-04, is located within the Residential High Density (RHD-20) zone. The property currently contains two dwelling units that are approximately 1,972 square-feet in area (main dwelling) and 564 square-feet in area (2m dwelling), respectively. The lot is an interior lot and approximately 3,525 square feet in area. The property is nonconforming due to an inadequate rear yard setback (T-O" existing where 9'-0" is required) and the fact that the lot is over-density (2 units on a lot where only 1 would be allowed under today's code). The applicant is requesting a CUP for an approximately 180 square-foot ground floor addition to the main dwelling, for the purpose of enlarging the living room at the rear of the main dwelling. The proposed project also consists of eliminating the rear deck at the second floor of the main dwelling and constructing a roof in this area for the proposed ground floor addition, as well as converting the existing secondary dwelling at the rear of the property to a guest room, per the provisions of Section 11.4.05.100.1 of the Zoning Code. Prior to the adoption of the Title 11 Zoning Code in January 2011, nonconforming residential properties were prohibited from adding any enclosed square footage and a (minor plan review' was required for the addition of features such as unenclosed porches, balconies, roof decks, etc. As staff saw the need for some degree of flexibility for property owners who wished to make modest upgrades to their nonconforming properties, a code provision was added to Title 11 that allows property owners of single- family dwellings to potentially make these upgrades through the conditional use permit process. Multi -unit residential properties, however, are still prohibited from expansion or alteration unless such expansion or alteration makes the structure or property conforming. '51 Planning Commission Staff Report Conditional Use Permit 12-17 226 4' Street October 17, 2012 By requesting to convert the secondary dwelling unit on the property to a guest room, the property could be considered a single-family dwelling and would, therefore, allow the property owner to request the CUP for the proposed expansion to the main dwelling unit. The purpose of requiring a CUP for a particular use is to allow for special consideration to ensure that the use can be designed, located, and operated in a manner that will be compatible with surrounding uses and not interfere with the use and enjoyment of properties in the vicinity. Pursuant to the requirements of the Municipal Code, the Planning Commission can only approve a CUP if it finds, based upon evidence presented at the hearing, that the proposal as submitted, or as modified, conforms to all of the following criteria as well as to any other special findings required for approval of use permits in specific zoning districts: The proposal is consistent with the General Plan and with any other applicable plan adopted by the City Council; 2. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the Municipal Code; 3. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints; 4. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and 5. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. With regard to the subject property, the lot configuration is a true rectangle, as are virtually all of the lots within this area of Old Town. There are no original building permits on file for the rear dwelling unit and garage, but City records do show that this appears to be a legal dwelling unit. Based on the structure's layout and construction, staff estimates that this rear garage and dwelling unit is at least 50-60 years old. There are original permits on file for the main dwelling that show the front house was constructed new in 2005. To bring the subject property into conformance, the property owner would be required to eliminate the second dwelling unit and increase the rear yard setback by at least two feet. As an alternative to demolishing the rear garage/dwelling structure, the property 4 Planning Commission Staff Report Conditional Use Permit 12-17 226 4' Street October 17, 2012 owner is requesting to convert the dwelling portion of the structure to a guest room. This proposed conversion would require the elimination of the kitchen/cooking facilities, so that it could no longer be considered a 'dwelling', as that term is defined within the Zoning Code. If the Planning Commission finds the conversion of the dwelling to a guest room acceptable, one point of consideration would be the existence of the bathroom within the guest room. The Zoning Code does allow 'pool houses' to have bathrooms but it is silent with regard to allowing 'guest rooms' to have bathrooms. Staff believes that since the guest room is located on a second floor and within a structure that is detached from the main structure, a bathroom is appropriate. To preclude the guest room from becoming reestablished as a dwelling unit, staff is proposing a condition that would require the property owner to file a covenant against the grant deed to require that the property remain single-family in perpetuity. Placing a deed restriction on the property to be maintained as single-family will put any future property owner on notice that the existing space above the garage is not to be used as a separate dwelling unit, as well as provide the City a mechanism for enforcement, should the current owners or a subsequent owner choose to use this space as a separate dwelling. Based on the foregoing, staff believes that the requisite findings for approving a CUP can be made in this case. 1 The proposal is consistent with the General Plan and Zoning Code, as they allow the proposed project (expansion of a nonconforming single- family dwelling) subject to approval of a Conditional Use Permit. The conditions placed on the proposed project will ensure that the use is not likely to create adverse land use impacts. 2. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints, because conditions placed on the subject request will reduce the overall dwelling density on the subject property and mitigate other potential land use impacts that may be created by the project. 3. The location, size, design, and operating characteristics of the proposed use would be compatible with and would not adversely affect uses and properties in the surrounding neighborhood because of the conditions placed on the project and the fact that by eliminating the second dwelling unit on the property, off-street parking for the property will now be brought into conformance. 4. The establishment, maintenance, or operation of the proposed project at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed project. 5 Planning Commission Staff Report Conditional Use Permit 12-17 226 4' Street October 17, 2012 RECOMMENDATION III � III Staff recommends the Planning Commission, after considering all relevant testimony, written or oral, presented during the public hearing, approve proposed Conditional Use Permit 12-17 to allow a second floor detached guest room and to add approximately 180 square feet to a dwelling unit on a nonconforming property at 226 4th Street. For: October 17, 2012 Attachments: (2) Attachment 1: Proposed Resolution No. 12-28 - A Resolution of the Planning Commission of the City of Seal Beach, approving Conditional Use Permit 12-17, to allow a second floor detached guest room and an approximately 180 square foot expansion to a nonconforming property 4th within the Residential High Density (RHD) zone at 226 4 Street, Seal Beach Attachment 2: Project Plans A Planning Commission Staff Report Conditional Use Permit 12 -17 228 4'h Street October 17, 2012 s- ■ I 1t 1 III MI PROPOSED # • • RESOLUTION OF PLANNING COMMISSION OF THE CITY OF SEAL BEACH, SECOND CONDITIONAL USE PERMIT 12-17, TO ALLOW A FLOOR j Mf # • AND AN APPROXIMATELY r EXPANSION # 1 NONCONFORMING PROPERTY RESIDENTIAL DENSITY (RHD) ZONE AT * . STREET, BEAGW VA Planning Commission Staff Report Conditional Use Permit 12 -17 226 4th Street October 17, 2012 RESOLUTION NUMBER 12 -28 THE PLANNING • OF THE CITY O ' DOES HEREBY s' ERESOLVE- Section 1. On August 28, 2012, Brent Sears (the "applicant ") submitted an application to the City of Seal Beach Department of Development Services for Conditional Use Permit (CUP) 12 -17. Section 2. The requested CUP would permit a second floor detached guest room and the addition of approximately 180 square feet to the dwelling unit on the property, while maintaining the existing, nonconforming rear yard setback at the rear of the property. Section 3. Pursuant to Title 14, California Code of Regulations §15301, §15305, and §II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the application for CUP 12 -17 to allow a second floor detached guest room and to add approximately 180 square feet to the dwelling unit on the property, while maintaining the existing, nonconforming rear yard setback, is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to Title 14, California Code of Regulations §15301 (Existing Facilities), because the proposal involves a negligible expansion of an existing use; and pursuant to §15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density. Section 4. A duly noticed public hearing was held before the Planning Commission on October 17, 2012, to consider the application for CUP 12 -17. At the Public Hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. E:3 Planning Commission Staff Report Conditional Use Permit 12-17 226 4th Street October 17, 2012 Section 5. The record of the hearing of October 17, 2012, indicates the a. On August 28, 2012, Brent Sears submitted an application to the City of Seal Beach Community Development Department for CUP 12- 17. b. The requested variance would allow a second floor detached guest room and the addition of approximately 180 square feet to the dwelling unit on the property, while maintaining the existing, nonconforming rear yard setback at the rear of the property. C. The surrounding land uses and zoning are as follows: NORTH: Single- and multiple-family residences in the Residential High Density (RHD) Zone. SOUTH: Single- and multiple-family residences in the Residential High Density (RHD) Zone. EAST: Single- and multiple-family residences in the Residential High Density (RHD) Zone. WEST: Single- and multiple-family residences in the Residential High Density (RHD) Zone. d. The subject property is approximately 3,525 square feet in area and is located in the neighborhood generally known as "Old Town". th e. The subject property has approximately 30.0 feet of frontage on 4 Street, is approximately 117.5 in depth, and is rectangular in shape. f. The property is presently developed with an approximately 1,972 square foot, two-story residence towards the front of the lot and a detached garage of approximately 648 square feet, with an approximately 564 square foot dwelling unit above the garage, towards the rear of the property, g. Approval of the CUP would require the removal of the secondary dwelling unit on the property and a deed restriction to be placed on the property requiring that the property be maintained as single-family in perpetuity. Section 6. Based upon the facts contained in the record, including those stated in §5 of this resolution and pursuant to §11.2.05; §11.4.05.100.1; and §11.5.20 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: 0 Planning Commission Staff Report Conditional Use Permit 12-17 226 4" Street October 17, 2012 a. CUP 12-17, 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; b. Conditional Use Permit 12-17 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; C. The proposed use is permitted within the applicable zoning district, subject to the approval of a Conditional Use Permit, and as proposed to be conditioned, will comply with all other applicable provisions of the Municipal Code; d. The project site is physically adequate for the type, density, and intensity of use being proposed, including the provision of services and the absence of physical constraints; e. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood and; f. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 12-17, subject to the following conditions: Conditional Use Permit 12-17 is approved for a second floor detached guest room and an approximately 180 square foot expansion to a nonconforming property within the Residential High Density (RHD-20) zone at 226 4th Street. 2. All construction and interior remodel shall be in substantial compliance with the plans dated August 20, 2012, that were submitted as a supplement to the application for Conditional Use Permit 12-17. 3. The property owner shall remove the kitchen and cooking facilities from the secondary dwelling unit about the garage so that it does not meet the Zoning Code definition of a dwelling unit. 4. The property owner shall file a covenant on the property with the Orange County Recorder's Office that restricts use of the property to a single-family dwelling. 5. The newly created guest room shall not be rented or leased separately from the main dwelling unit on the property. IE Planning Commission Staff Report Conditional Use Permit 12-17 226 4"' Street October 17, 2012 6. Building permits shall be required for all proposed construction requiring such perr-nits. 7. Any subsequent expansion or modification of the property shall require a modification of this conditional use permit. 8. This Conditional Use Permit shall become null and void unless exercised within 1 year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Community Development a minimum of 90 days prior to such expiration date. 9. This Conditional Use Permit shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Community Development, or notarized and returned to the Planning Division; and until the 10 calendar-day appeal period has elapsed. 10. 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 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 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 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. 11. Failure to comply with any of the aforementioned conditions may result in the revocation of this Conditional Use Permit. 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 HE ABSENT: Commissioners ABSTAIN: Commissioners Greg Hastings Interim Secretary, Planning Commission IN Planning Commission Staff Report Conditional Use Permit 12-17 226 4 th Street October 17, 2012 Sandra Massa-Lavitt Chairperson, Planning Commission Planning Commission Staff Report Conditional Use Permit 12-17 226 4' Street October 17, 2012 F-11 Ik fffi : I J, 1 :1 z I PROJECT PLANS 13