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Home My WebLink AboutPC AG 2013-03-06 #3 of SEAS" PLANNING COMMISSION ITEM NUMBER STAFF REPORT 3 TO: Planning Commission FROM: Director of Community Development MEETING DATE: March 6, 2013 SUBJECT: CONSENT CALENDAR A REQUEST FORA MINOR USE PERMIT(MUP 13- 1) TO ALLOW TWO NEW COVERED PATIO STRUCTURES TOTALING APPROXIMATELY 399 SQUARE-FEET; A NEW COVERED PORCH STRUCTURE TOTALING APPROXIMATELY 102 SQUARE-FEET; AND AN INTERIOR REMODEL CONSISTING OF THE EXPANSION OF AN EXISTING BEDROOM AND THE ADDITION OF A NEW BATHROOM WITHIN AN EXISTING, NONCONFORMING STRUCTURE, LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE. LOCATION: 2133 RD STREET APPLICANT: Ron Hoover RECOMMENDATION: After consideration by the Planning Commission, staff recommends that the Planning Commission adopt Resolution No. 13-2, approving Minor Use Permit 13-1. Planning Commission Staff Report Minor Use Permit 13-1 213 3rd Street March 6, 2013 ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY) GENERAL PLAN DESIGNATION: HIGH DENSITY RESIDENTIAL SITE DESCRIPTION: Assessor's Parcel Number: 199-142-11 Lot Area: Approx. 5,160 sq. ft. Gross Floor Area: 2,141 sq. ft. total Surrounding Properties: North: Single and Multi-family properties in the Residential High Density (RHD-20) zone. South: Single and Multi-family properties in the Residential High Density (RHD-20) zone. East: Single and Multi-family properties in the Residential High Density (RHD-20) zone. West: Single and Multi-family properties in the Residential High Density (RHD-20) zone. LEGAL NOTIFICATION: The legal notice of this project was mailed to 84 property owners and 101 occupants within a 300' radius of the subject property on February 21, 20131 with affidavits of posting on file. ENVIRONMENTAL ASSESSMENT: Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15301, Existing Facilities-, and Section 13505, Minor Alterations in Land Use Limitations of CEQA. Planning Commission Staff Report Minor Use Permit 13-9 213 3'Street March 6, 2013 LOCATION MAP: � w z s � � lip.. e Subject Property p R FACTS: * On February 7, 2013, Ron Hoover ("the applicant") filed an application with the Community Development Department for Minor Use Permit 13-1, to allow two new covered patio structures totaling approximately 399 sq. ft.; a new covered porch structure totaling approximately 102 sq. ft.; and an interior remodel consisting of the expansion of an existing bedroom and the addition of a new bathroom within an existing, nonconforming structure. * The subject structure is nonconforming due to a substandard interior side yard setback(3'-0"existing setback where current code requires a minimum 4'-5"setback). * The property is presently developed with a single-story, single-family structure consisting of three bedrooms and one bathroom at the front of the property, and a two-story structure at the rear of the property, consisting of a two-car garage on the first level and a one bedroom dwelling unit on the second level. Planning Commission Staff Report Minor Use Permit 13-1 213 3'Street March 6, 2013 • As of February 27, 2013, planning staff has received no correspondence in response to the hearing notices that were mailed out to all owners and occupants within a 300' radius of the subject property, for the public hearing on March 6, 2013. BACKGROUND: City building permit records for this property appear to be incomplete. Original building permits from 1949 for the rear garage/dwelling unit are on file but there are no permits on file for the front house, which possibly predates the rear structure. Historic aerial photography shows both structures existing on the property as early as 1952 and based on the layout and type of construction, staff estimates that the original construction of the front house likely took place in the 1930's or 1940's. ANALYSIS: In general, the Zoning Code allows certain types of improvements to nonconforming properties depending on the nature of the improvement and the type of nonconformity. Improvements such as the addition of skylights, photovoltaic (solar) power systems, replacement of windows, decorative exterior improvements, etc. to nonconforming residential properties only require a building permit. Other improvements, such as the addition of unenclosed balconies and porches, roof additions over balconies and porches, patio covers, interior wall modifications, etc. require a Minor Use Permit approval by the Planning Commission. The Planning Commission may issue Minor Use Permits for certain uses that are generally non-controversial but still require special consideration to ensure that they can be designed, located, and operated in a manner that will be compatible with the surrounding uses and not interfere with the use and enjoyment of surrounding properties. The subject property is located along the west side of 3rd Street, towards the western end of the Old Town neighborhood. Patio Covers and Porches are common features in Old Town and if they are solid roofed covers, such as those being proposed, they are counted towards the lot coverage requirement. Due to the larger lot size and relatively small existing building footprints on the lot, the addition of these solid roofed structures will still keep the lot well within the lot coverage requirements for the RHD-20 zone. The applicant is also proposing to remodel the interior space of the existing front house and add a bathroom to create a three bedroom, two bathroom home. The total number of bedrooms is not proposed to increase and aside from the new interior walls created by the additional bathroom, there is only a minor relocation of two interior walls. There will be no increase in habitable space or relocation or expansion of the existing exterior walls. With regard to the subject property, staff believes that the size, location, and orientation of the patio covers and porch structure are compatible with the existing dwelling; should not create any adverse impacts with the surrounding properties; and will create additional outdoor living spaces for the property. All proposed construction will take place away from the side of the property that has the nonconforming setback and even with the nonconforming setback, there is still an adequate separation between the nearest adjacent structure. Planning Commission Staff Report Minor Use Permit 13-1 213 3'd Street March 6, 2013 CONCLUSION: After consideration by the Planning Commission, staff recommends that the Planning Commission adopt the attached Resolution recommending approval of MUP 13-1 to allow two new covered patio structures totaling approximately 399 square-feet; a new covered porch structure totaling approximately 102 square-feet; and an interior remodel consisting of the expansion of an existing bedroom and the addition of a new bathroom within an existing, nonconforming single-family dwelling in the RHD-20 zone at 213 3rd Street. Prepared by: ilivera,AICP Basham Planner—Community Development irector of Community Development Attachments: 1. Resolution No. 13-2—A Resolution of the Planning Commission of the City of Seal Beach, approving Minor Use Permit 13-1, to allow two new covered patio structures totaling approximately 399 square-feet; a new covered porch structure totaling approximately 102 square-feet; and an interior remodel consisting of the expansion of an existing bedroom and the addition of a new bathroom within an existing, nonconforming structure in the Residential High i Density (RHD-20) zone at 213 3rd Street. 2. Project Plans ATTACHMENT 1 RESOLUTION NUMBER 13-2, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 13-1, TO ALLOW TWO NEW COVERED PATIO STRUCTURES TOTALING APPROXIMATELY 399 SQUARE-FEET; A NEW COVERED PORCH STRUCTURE TOTALING APPROXIMATELY 102 SQUARE-FEET; AND AN INTERIOR REMODEL CONSISTING OF THE EXPANSION OF AN EXISTING BEDROOM AND THE ADDITION OF A NEW BATHROOM WITHIN AN EXISTING, NONCONFORMING STRUCTURE IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE AT 213 3R° STREET. RESOLUTION NO. 13-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 13-1 , TO ALLOW TWO NEW COVERED PATIO STRUCTURES TOTALING APPROXIMATELY 399 SQUARE-FEET; A NEW COVERED PORCH STRUCTURE TOTALING APPROXIMATELY 102 SQUARE-FEET; AND AN INTERIOR REMODEL CONSISTING OF THE EXPANSION OF AN EXISTING BEDROOM AND THE ADDITION OF A NEW BATHROOM WITHIN AN EXISTING, NONCONFORMING SINGLE-FAMILY DWELLING IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE AT 213 3R° STREET, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOTS HEREBY RESOLVE: Section 1. On February 7, 2013, Ron Hoover, ("the applicant") filed an application with the Community Development Department for Minor Use Permit 13-1. The proposed project is to allow two new covered patio structures totaling approximately 399 square-feet; a new covered porch structure totaling approximately 102 square-feet; and an interior remodel consisting of the expansion of an existing bedroom and the addition of the new bathroom within an existing, nonconforming structure (4'-0" existing setback where current code requires a 12'-0" setback). 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 13-1 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 patio covers, a porch, and an interior remodel in conjunction with an existing dwelling. Section 3. A duly noticed Planning Commission meeting was held on March 6, 2013 to consider Minor Use Permit 13-1. At the meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. Section 4. The record of the meeting indicates the following: (a) On February 7, 2013, the applicant submitted an application to the Community Development Department for Minor Use Permit 13-1. (b) The applicant is requesting to construct a two new covered patio structures totaling approximately 399 square-feet; a new covered porch structure totaling approximately 102 square-feet; and an interior remodel consisting of the expansion of an existing bedroom and the addition of a new bathroom within an existing, nonconforming structure. (c) The subject property is trapezoidal in shape with a lot area of approximately 5,160 square-feet. (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). (e) The Zoning Code allows the requested land use entitlements to nonconforming residential structures, through the approval of a Minor Use Permit by the Planning Commission. (f) As of February 27, 2013, Planning staff has received no correspondence in response to the hearing notices that were mailed to residents within a 300' radius of the subject property for the proposed MUP 13-1. 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.B of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Use Permit 13-1, 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 patio covers, porch, and interior remodel, as conditioned, comply with the requirements of the Zoning Code applicable to the existing structure, including height, setbacks, and site coverage. (c) The proposed patio covers, porch, and interior remodel, as conditioned, are 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 13-1, subject to the following conditions: 1. Minor Use Permit 13-1 is approved for the construction of two new covered patio structures totaling approximately 399 square-feet; a new covered porch structure totaling approximately 102 square-feet; and an interior remodel consisting of the expansion of an existing bedroom and the addition of a new bathroom at 213 3rd Street, Seal Beach. 2. All construction pertaining to the covered patios, porch, and interior remodel shall be in substantial compliance with the plans submitted for Minor Use Permit 13-1. All new construction shall comply with all applicable sections of the City's Zoning Code and the California Residential Code. 3. Building permits shall be obtained for all new construction requiring such permits. 4. 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. 5. 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 2013 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa-Lavitt, Chairwoman Planning Commission Jim Basham, Secretary Planning Commission ATTACHMENT 2 PROJECT PLANS OtLO6 JIIVD'HDV3RC T El utt-sls(tu)l 3lo3svwoHlL,s4waNv1lWr*d63 3 3 1-1 a-3 9 V a 3 A 0 a-ON 0 H I-M-0 WTS 2IOI ZN r ............... :t c i T, 7V�t5 TZ _ _ ZEbS-EI8(btG)i 3'!{t?SI+WOHY'il3W QtJJUW3lp3 x ^3 Q ♦7. { oU` 19311H7NY 83l106N N 0 u tSdFIAOD 011 Q O Hd ,LN a�E-- Se i • Sj �.y-eon �* �-�^�-�� ---�II}� IF �. st I (j aA i %ct wit d L I� 1 2 J - s cil Ii. � j �wr ------ Al 4 r:33 C io- . �i F u1 I