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Home My WebLink AboutPC Res 12-28 - 2012-10-17 RESOLUTION NUMBER 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 WITHIN THE RESIDENTIAL HIGH DENSITY (RHD- 20) ZONE AT 226 4TH STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On August 28, 2012, Brent Sears (the "applicant") submitted an application to the City of Seal Beach Department of Community Development 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. Section 5. The record of the hearing of October 17, 2012, indicates the following: 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 CUP 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". e. 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. 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: a. Conditional Use Permit 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: 1. 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. 6. Building permits shall be required for all proposed construction requiring such permits. 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 17 "i' day of QCrb sae , 2012, by the following vote: AYES: Commissioners e_VQScw, MM( /&S, CTfr-lia f , /144v 55,4-LAI/7r NOES: Commissioners -- ABSENT: Commissioners ABSTAIN: Commissioners 6909mA J wAt/ WA" 1 Sandra Massa-Lavitt Chairperson, Planning Commission -IS-4-7(244 reg Hastings Interim Secretary, Planning Commission * * * * *