HomeMy WebLinkAbout5 - MUP 12-5 (213 15th Street)November 7, 2012
1 ■ 0 :4 0
To: Honorable Chairwoman . d Planning Commission
From: Department of Development
Subject: Minor Use Permit 12 -5
213 '15th Street
GENERAL I IIIIIII�II IIIIIIIIIIIII �I CI _ O
ts:
� Location:
GERALD AND MELODY COSTELLO
It .__ _ • r
21315TH STREET
lClaSSification of Property RESIDENTIAL HIGH DENSITY (RHD -20)
Request: TO CONSTRUCT A 171X20' SOLID ROOF PATIO COVER WITHIN AN
EXISTING, NONCONFORMING SINGLE- FAMILY PROPERTY. THE
PROPERTY IS PRESENTLY NONCONFORMING DUE TO
SUBSTANDARD OFF - STREET PARKING AND DENSITY (TWO UNITS
ON A LOT WHERE ONLY ONE IS ALLOWED BY TODAY'S CODE ).
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: SECTIONS 11.4.40.015.B AND 11.5.20 OF THE SEAL BEACH
MUNICIPAL CODE.
Recommendation: APPROVE MINOR USE PERMIT 12 -5, SUBJECT TO CONDITIONS,
THROUGH THE ADOPTION OF RESOLUTION 12 -33.
Z: \Minor Use Permits \Minor Use Permits - 2012\MUP 12 -5 213 15th Street \MUP 12 -5 213 15th Street - PC Staff Report.doc
Planning Commission Staff Report
Minor Use Permit 12-5
213 15ffi Street
November 7, 2012
❑ On September 24, 2012, Gerald and Melody Costello ("the applicants")
submitted an application to the Department of Development Services for Minor
Use Permit (MUP) 12-5.
❑ The proposed project is to construct a 17'x20' solid roof patio cover within an
existing, nonconforming single-family property. The property is nonconforming
due to substandard off-street parking (one single-car garage, where two two-car
garages would be required) and lot density (two dwelling units on a lot where
only one unit would be allowed under today's code).
❑ The Zoning Code allows the requested land use entitlements to nonconforming
properties, through the approval of a Minor Use Permit by the Planning
Commission.
❑ The subject property is rectangular in shape with a lot area of approximately
3,750 square feet. The property is approximately 37'-6" wide by 100'-0... deep.
LI The surrounding land uses and zoning are as follows:
NORTH, SOUTH, Single and multi- family dwellings located in the
EAST & WEST Residential High Density (RHD-20) zone.
❑ As of November 1, 2012, staff has received one letter in opposition, in response
to the hearing notices that were mailed to residents within a 300' radius of the
subject property for the proposed MUP 12-5.
BACKGROUND
On November 1, 2012, the applicants submitted an application for MUP 12-5. The
proposed project would allow for the construction of a 17'x20' solid roof patio cover to
be located between two existing structures on the subject property.
Original building permits for the existing structures were unable to be located on file at
City Hall, however historic property surveys conducted by the Planning department in
the 1970's and 1980's describe two legal dwelling units on the property and aerial
photography from the early 1950's show two detached structures on the property with
footprints that approximate the structures that exist on the lot today. Staff has evidence
MUP 12-5 213 15th Street - PC Staff Report 2
Planning Commission Staff Report
Minor Use Permit 12-5
213 15' Street
November 7, 2012
to believe that the structures existing on the property today, while nonconforming under
today's Zoning Code, were originally legally built sometime prior to the 1950's.
The Planning Commission has historically approved Minor Use Permit requests for
structures similar to that being requested by the applicant, when such requests are not
anticipated to adversely impact the quality of life of adjacent properties or the
neighborhood at large, and when such requests do not create hazardous conditions
and generally meet the intent of the provisions of the zoning code
DISCUSSION I
Title 11, Section 11.4.40.015 B of the Code of the City of Seal Beach, (Cade) sets forth
allowable minor improvements to nonconforming residential structures and specifies the
requirement for a Minor Use Permit approval by the Planning Commission for open roof
decks, unenclosed balconies and porches, roof additions over balconies and porches,
interior wall modifications to less than 25% of a structure's interior walls, and other
similar minor improvements. Historically, the Commission has included solid-roofed
patio covers and similar patio structures as structures requiring such a permit.
The property is currently nonconforming because it only has a single-car garage (a two-
car garage is required for each dwelling unit, under today's code) and had two dwelling
units on the property (based on existing lot area, only one dwelling unit would be
allowed on the property today). These types of nonconformities are somewhat
common for properties in in the Old Town neighborhood. When minor improvements to
these nonconforming properties are proposed, staff considers the nature of the request,
whether the request is an expansion or intensification of use(s) upon the subject
property, and whether or not the request would have a detrimental effect on
surrounding properties.
Staff believes that the subject request is a common type of improvement for residential
properties and will provide a more versatile outdoor living space, without expanding
enclosed, habitable area or intensifying the existing residential use of the property.
Additionally, staff does not believe that the proposed improvement will have a
detrimental effect on the surrounding properties, as some of those properties currently
enjoy similar improvements with no adverse impacts that staff is aware of.
The proposed structure would be required to obtain City building permits, but staff does
not foresee any problems with the issuance of building permits, based on the existing
plans as proposed.
It is the opinion of staff that the proposed solid roof patio cover, as conditioned, is in
conformance with the provisions of Section 11.4,40.0158 of the Code.
MUP 12-5 213 15th Street - PC Staff Report
Planning Commission Staff Report
Minor Use Permit 12-5
213 15th Street
November 7, 2012
RECOMMENDATION
Staff recommends the Planning Commission, after considering all relative testimony
presented during the public hearing, approve Minor Use Permit 12-5, subject to
conditions.
Staff's recommendation is based on the following:
❑ Minor Use Permit 12-5, 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 single and multi-
family residential uses. The use, as conditioned, 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, as conditioned, is consistent with the General Plan.
❑ The proposed solid roof patio cover, as conditioned, complies with the
requirements of the Zoning Code applicable to attached structures, including
height, setbacks, and site coverage.
❑ The proposed solid roof patio cover, as conditioned, is appropriate for the
character and integrity of the surrounding neighborhood and permissible by code
through the issuance of a Minor Use Permit.
Staff recommends the following conditions of approval for Minor Use Permit 12-5:
1 Minor Use Permit 12-5 is approved for the construction of an attached, 17'x20'
solid roof patio cover at 213 15th Street, Seal Beach.
2. All construction shall be in substantial compliance with the plans submitted for
Minor Use Permit 12-5. All new construction shall comply with all applicable
sections of the City's Zoning Code.
3. The existing single-car garage shall remain free and clear of all obstructions that
would preclude the parking of a vehicle inside the garage and shall remain
available for vehicle parking at all times.
4. Building permits shall be obtained for all new construction requiring such permits.
5. This Minor Use Permit shall not become effective for any purpose unless an
"Acceptance of Conditions" form has been signed by the applicant in the
MUP 12-5 213 15th Street - PC Staff Report 4
Planning Commission Staff Report
Minor Use Permit 12-5
213 15"1 Street
November 7, 2012
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6. 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 Height Variation,
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,
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iPlanner
- Department of Community Development
Attachments: (3)
Attachment 1: Resolution No. 12-33, A Resolution of the Planning
Commission of the City of Seal Beach Approving Minor Use
Permit 12-5, for the Construction of a 17'x20' Solid Roof
Patio Cover at 213 15th Street, Seal Beach.
Attachment 2: Letter Received in Opposition to the Proposed Project
Attachment 3: Project Plans
MUP12-5 213 15th Street- PC Staff Report
Planning Commission Staff Report
Minor Use Permit 12 -5
213 15' Street
November T, 2012
ATTACHMENT 1
RESOLUTIOn NO. • T •
PLANNING THE • i OF OF
SEAL BEACH APPROVING MINOR PERMIT
• ' THE CONSTRUCTION OF j 1
SOLID • i F PATIO COVER
i BEACH
MUP 12 -5 213 15th Street - PC Staff Report
Planning Commission Staff Report
Minor Use Permit 12-5
213 15!h Street
November 7, 2012
a*,,
*1
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING MINOR USE PERMIT FOR
THE CONSTRUCTION OF A 17' x 20' SOLID
ROOF PATIO COVER AT 213 1 5TH STREET,SEAL
BEACH.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. On September 24, 2012, Gerald and Melody Costello ("the
applicants") submitted an application for Minor Use Permit 12-5. The proposed project
is to construct a 17' x 20' solid roof patio cover within an existing, nonconforming single-
family property. The property is nonconforming due to substandard off street parking
(one single-car garage where two, two-car garages would be required) and lot density
(two dwelling units on a lot where only one unit would be allowed under today's code).
Section 2. Pursuant to Title 14 Calif. Code of Regs. § 15025(a) and
§ ll.A of the City's Local CEQA Guidelines, staff has determined as follows: The
application for Minor Use Permit 12-5 is categorically exempt from review pursuant to
the California Environmental Quality Act pursuant to 14 Calif. Code of Regs.
§ 15301(e)(1) (Existing Structures), because the application is for the construction of a
non-habitable architectural feature in conjunction with an existing dwelling.
Section 3. A duly noticed public hearing was held before the Planning
Commission on November 7, 2012 to consider Minor Use Permit 12-5. At the public
hearing, the Planning Commission received into the record all evidence and testimony
provided on this matter.
Section 4. The record of the hearing indicates the following:
(a) On September 24, 2012, the applicants submitted an application
for Minor Use Permit 12-5.
(b) The applicants are requesting to construct a 17' x 20' solid roof
patio cover within an existing, nonconforming single-family property.
MUP 12-5 213 15th Street - PC Staff Report 7
Planning Commission Staff Report
Minor Use Permit 12-5
213 le Street
November 7, 2012
(c) The subject property is rectangular in shape with a lot area of
approximately 3,750 square feet. The property is approximately 37'-6" wide by 100'-0"
deep.
(d) The surrounding land uses and zoning are as follows:
NORTH, SOUTH, Single and multi-family dwellings located in the
EAST, & WEST Residential High Density zone (RHD-20).
(f) The Zoning Code allows the requested land use entitlements to
nonconforming properties, through the approval of a Minor Use Permit by the Planning
Commission.
(g) As of November 1, 2012, Planning staff has received one letter in
opposition, in response to the hearing notices that were mailed to residents within a
300' radius of the subject property for the proposed MUP 12-5.
Section 5. Based upon the evidence in the record, including the facts
stated in Section 4 of this resolution and pursuant to Section 11.4.40.015.8 of the City's
Code, the Planning Commission hereby finds as follows:
(a) Minor Use Permit 12-5, 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 single and multi-
family residential uses. 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 solid roof patio cover, as conditioned, complies with
the requirements of the Zoning Code applicable to the existing structures, including
height, setbacks, and site coverage.
(c) The proposed solid roof patio cover, as conditioned, is appropriate
for the character and integrity of the surrounding neighborhood and permissible by code
through the issuance of a Minor use Permit.
Section 6. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 12-5, subject to the following conditions:
1. Minor Use Permit 12-5 is approved for the construction of an attached, 17'x20' solid
roof patio cover at 213 15th Street, Seal Beach.
MUP 12-5 213 15th Street - PC Staff Report
Planning Commission Staff Report
Minor Use Permit 12-5
213 15th Street
November 7, 2012
2. All construction shall be in substantial compliance with the plans submitted for Minor
Use Permit 12-5. All new construction shall comply with all applicable sections of
the City's Zoning Code.
3. The existing single-car garage shall remain free and clear of all obstructions that
would preclude the parking of a vehicle inside the garage and shall remain available
for vehicle parking at all times.
4. Building permits shall be obtained for all new construction requiring such permits.
7. This Minor 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.
8. 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 Height Variation, 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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the day of 2012
by the following vote:
AYES: Commissioners
ABSTAIN: Commissioners
MUP 12-5 213 15th Street - PC Staff Report 9
Planning Commission Staff Report
Minor Use Permit 12-5
213 15' Street
November 7, 2012
Sandra Massa-Lavitt, Chairwoman
Planning Commission
Greg Hastings
Acting Secretary - Planning Commission
MUP 12-5 213 15th Street - PC Staff Report 10
• • • t M•f•
Permit Minor Use
213 15' Street
ATTACHMENT 2
LETTER RECEIVED IN OPPOSITION
TO THE PROPOSED PROJECT
MUP 12 -5 213 15th Street - PC Staff Report 1
Greg Hastings
Subject: FW: CUP & Minor Use Permit 12-5
From: lana mabe - - -
Date: October 27, 2012, 6:48:49 PM GMT+02:00
To: ellery DEATON <sealbeachdistrict I @gmail.com>
Subject: Re: CUP & Minor Use Permit 12-5
Dear Ellery,
After having thought that this CUP issue was kind of a done deal, we received a letter from the
city regarding property at247 17th St. For Robert and Nancy Beck! While we are not opposed to
long term rentals we are opposed to "new" short term vacation rentals. This is becoming out of
hand! As I have stated before, having lived her my entire life, vacations rentals are not new to
SB. For many years, the duplexes on Seal Way were often rented, during the school term to
college students attending CSULB and then for the summer, vacation rentals which to my
knowledge were just customary but NOT all year long.
Our second issue is also the Minor Use Permit 12-5 for our neighbors Gerald and Melody
Costello at 213 15th St! They already along with many,many other in old town have a non
conforming single family property BUT along with many others have no garage and with their
many cars, park one that is covered in the alley and never driven which puts 3 other cars on the
street! Why would we want to start allowing more density on this lot when in reality they should
really convert the living quarters back into a garage. If that were done, we would have no
problem with the patio roof cover! Trust me, as soon as the patio cover is approved and written
off by the city, they will have walls built and now have a new room for living!!!!
The substandard off street parking is what they create with undriven cars parking behind the
unit. These people bought this property the way it is and are now complaining parking and
density!!!!
Who do they think creates this problem!
If the city continues to allow this to happen and hide behind the shield, we are just creating more
problems. The city, i.e., council members and city hall employees have an obligation to those of
us that DO have and use their garages for purposes intended! Why should those of us who have
conforming property allow this to keep happening???
We will be on vacation for the Nov.7th meeting but ask that this letter be presented as to our
disapproval of the proposed requests???
Sincerely,
Lana and Don Mabe
224 15th St.
Seal Beach, Ca.
Planning Commission Staff Report
Minor Use Permit 12 -5
213 15' Street
November 7, 2012
ATTACHMENT 3
PROJECT PLANS
MUP 12 -5 213 15th Street - PC Staff Report 12