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Home My WebLink AboutPC Res 12-27 - 2012-09-19 RESOLUTION NUMBER 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. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: 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 § II.B 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 the following: (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) Section 11.4.40.020 of the Municipal Code allows structural alterations or additions to a single unit residence that is nonconforming only with respect to maximum building height, minimum building setback, or both upon approval of a Conditional Use Permit, provided the applicable minimum yard dimensions are maintained, and any nonconforming side yard setback is no less than 3 feet. (d) The subject property is located in the Residential High Density (RHD-20) zone within the neighborhood generally referred to as "Old Town". (e) 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 (f) 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. (g) 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. Section 7. Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 12-16, subject to the following conditions: 1. 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, excepting the garage's side yard setback. The garage must maintain a minimum 3-foot side yard setback. 3. All new construction and setbacks shall comply with all applicable sections of the California Residential Code and the City's Zoning Code 4. Building permits shall be obtained for all construction requiring such permits. 5. Roof pitches and exterior finishes of the proposed addition shall match or approximate existing roof pitches and building finishes. 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 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. 8. 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 /9 f" day of Sp , 2012 by the following vote: AYES: Commissioners e gM x/60 Coke o 6, Mil SSA - /A if Tr- NOES: Commissioners ABSTAIN: 6c/eRfaN Commissioners ABSENT: Commissioners 4,4tQ,c ,ig7n/ FiliPti/2/1444--* Sandra Massa-Lavitt, Chairwoman Planning Commission Greg Hastings Interim Secretary of the Planning Commission