HomeMy WebLinkAboutPC AG 2013-02-06 #7I -a I UZI Lkl I I ki
STAFF REPORT
TO: Planning Commission
191 :101 JJ 0 EMN951114=1
MEETING DATE: February • 2013
SUBJECT: PUBLIC HEARING
ITEM NUMBER
9
A REQUEST FOR A CONDITIONAL USE PERMIT
(CUP 13-1) TO LEGALIZE AN EXISTING BEDROOM
ATTACHED TO A SINGLE-FAMILY DWELLING WITH
A NONCONFORMING REAR YARD SETBACK
LOCATION: 314 16 TH STREET
APPLICANT: NATALIE NEWBURRY
RECOMMENDATION: After holding the public hearing staff recommends that the
Planning Commission adopt Resolution No. 13-1
approving Conditional Use Permit 13-1 subject to
conditions of approval contained therein.
Conditional Use Permit 13-1
February 6, 2013
Page 2
ZONE: RHD-20 (Residential High Density)
GENERAL PLAN DESIGNATION: Residential — High Density
Property Size: 3,750 sq. ft. (.09 acres) (Parcel No. 199-063-14)
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North: Single-family residences in the Residential High Density
(RHD-20) Zone
East: Single-family residences in the Residential High Density
(RHD-20) Zone
South: Single-family residences in the Residential High Density
(RHD-20) Zone
West: Single-family residences in the Residential High Density
(RHD-20) Zone
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
January 24, 2013 and notices of this hearing were mailed to 155 property owners and 126
occupants within a 500 foot radius of the subject property on January 22, 2013 with
affidavits of publishing mailing on file.
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 this project is categorically exempt under Section 15301 (Existing
Facilities) and has been prepared in accordance with the provisions of the California
Environmental Quality Act (CEQA).
onditional Use Permit 13-�
February 6, 2013
Page 3
BACKGROUND:
According to the County Assessor's records, the dwelling unit at 31418' Street was built in
1941. The City does not have building permits on file for the dwelling and garage; however
it is not uncommon for records From a building that was constructed in the mid -1900s to not
be located. In 1961 permits were issued to enclose the former patio to create the existing
family room. Subsequently, a 257 square foot bedroom was built in the rear of the house,
attached to the family room and garage, without permits. Natalie Newburry ("the
applicant") has advised staff that she acquired the property with the bedroom already built.
In 2012, the applicant began to renovate the property. In the process, it was discovered
that the rear bedroom was not permitted and therefore needs to be legalized.
Conditional Use Permit 13 -1
February 6, 2013
Page 4
ANALYSIS:
On December 14, 2012, the applicant submitted a Conditional Use Permit request (CUP
13 -1) to legalize an existing bedroom attached to a single - family dwelling with a
nonconforming rear yard setback. Section 11.4.40.020 of the Municipal Code sets forth
standards for structural alterations or additions to nonconforming single - family residences,
pursuant to Conditional Use Permit approval by the Planning Commission. This section
states that additions may be allowed if a single - family dwelling does not conform to either
maximum building height or minimum setback requirements. While this residence
complies with height restrictions, the minimum rear building setback is considered
nonconforming. The existing rear yard setback, as measured from the garage to the
opposite end of the alley, is 20 feet 6 inches. Section 11.2.05.015 of the Municipal Code
requires the setback to be 24 feet.
In order to legalize the bedroom, the applicant must remove the existing door from the
bedroom to the garage and add a fire -rated wall, pursuant to building codes. The
proposed legalization is not anticipated to have any adverse impacts to the adjacent
properties, since it is in compliance with side yard setbacks, building height and lot
coverage requirements. Due to the information prepared in this report, staff recommends
the legalization of the bedroom.
CONCLUSION:
After conducting the public hearing, staff recommends that the Planning Commission adopt
the attached Resolution approving Conditional Use Permit 13 -1 subject to conditions of
approval as presented, or as may be amended by the Commission.
Prepared by:
Christine Nguyen
Interim Assistant Planner
Attachments (2):
1
i
m Basham
,rector of Community Development
1. Resolution Number 13 -1, A Resolution of the Planning Commission of the City of
Seal Beach approving Conditional Use Permit Number 13 -1, to legalize an existing
bedroom attached to a single - family dwelling with a nonconforming rear yard
setback at 314 16th Street, Seal Beach
2. Project Plans
Conditional Use Permit 13 -1
February 6, 2013
Page 5
ATTACHMENT 1
RESOLUTION NUMBER 13 -1, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING CONDITIONAL USE
PERMIT NUMBER 13 -1, TO LEGALIZE AN
EXISTING BEDROOM ATTACHED TO A SINGLE -
FAMILY DWELLING WITH A NONCONFORMING
REAR YARD SETBACK AT 314 16TH STREET,
SEAL BEACH
Conditional Use Permit 13 -1
February 6, 2013
Page 6
RESOLUTION NUMBER 13 -1
RESOLUTION NUMBER 13 -1, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH APPROVING CONDITIONAL USE
PERMIT NUMBER 13 -1, TO LEGALIZE AN
EXISTING BEDROOM ATTACHED TO A SINGLE -
FAMILY DWELLING WITH A NONCONFORMING
REAR YARD SETBACK AT 314 16TH STREET,
SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On December 14, 2012, Natalie Newburry ( "the applicant ")
submitted an application for Conditional Use Permit 13 -1 with the Community Development
Department.
Section 2. The applicant is proposing to legalize an existing bedroom
attached to a single - family dwelling with a nonconforming rear yard setback at 314 16th
Street.
Section 3. 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 this project is categorically exempt under
Section 15301 (Existing Facilities) and has been prepared in accordance with the
provisions of the California Environmental Quality Act (CEQA).
Section 4. A duly noticed public hearing was held before the Planning
Commission on February 6, 2013, to consider the application for CUP 13 -1. The Planning
Commission considered all evidence presented, both written and oral regarding the subject
application.
Section 5. The record of the hearing of February 6, 2013 indicates the
following:
a. On December 14, 2012, Natalie Newburry ( "the applicant ") submitted
an application for Conditional Use Permit 13 -1 with the Community Development
Department.
b. The applicant is proposing to legalize an existing bedroom attached to
a single - family dwelling with a nonconforming rear yard setback at 314 16th Street.
February • 2013
Page 7
C. The subject property is located in the Residential High DensityRH
20) Zone within the neighborhood generally known as "Old Town and is approximatel
3,750 square feet in size.
d. The surrounding land uses and zoning are as follows:
North: Single-family residences in the Residential High Density
(RHD-20) Zone
East: Single-family residences in the Residential High Density
(RHD-20) Zone
South: Single-family residences in the Residential High Density
(RHD-20) Zone
West: Single-family residences in the Residential High Density
(RHD-20) Zone
Section 6. Based upon the facts contained in the record, including tho
stated in §5 of this resolution and pursuant to §11.5.20 of the Seal Beach Municipal Codl
the Planning Commission makes the following findings:
Conditional 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 the proposed
legalization, subject to a Conditional Use Permit. The use is also consistent with the
remaining elements of the 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;
2. The proposed use is allowed within the applicable zoning district with Condition
Use Permit approval and complies with all other applicable provisions of t
Municipal Code, subject to conditions of approval;
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
because it complies with the development standards for the Residential High
Density (RHD-20) Zone;
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 due to the single-family residential use of the property;
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 due to the adequate yard dimensions
and side yard setbacks.
Conditional Use Permit 13 -1
February 6, 2013
Page 8
Section 7. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 13 -1, subject to the following conditions:
Conditional Use Permit 13 -1 is approved forthe legalization of an existing bedroom
attached to a single - family dwelling with a nonconforming rear yard setback at 314
16th Street.
2. All new construction and setbacks shall comply with all applicable sections of the
City's Zoning Code.
3. The applicant must replace the existing door from the bedroom to the garage with a
fire -rated wall within 30 days of the adoption of this Resolution.
4. Building permits shall be obtained for all construction requiring such permits.
5. Any subsequent expansion or modification of the property shall require a
modification of this Conditional Use Permit.
6. 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 Community Development Department a minimum of 90 days prior to such
expiration date.
7. 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 Community Development, or notarized and returned to the
Planning Department; and until the 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 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.
9. Failure to comply with any of these conditions may result in revocation of this
Conditional Use Permit.
Conditional Use Permit 13 -1
February 6, 2013
Page 9
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 of the Planning Commission
Conditional Use Permit 13 -1
February 6, 2013
Page 10
ATTACHMENT 2
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