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HomeMy WebLinkAbout5 - CUP 14-9 114A Surfside Avenue PLANNING COMMISSION ITEM NUMBER STAFF REPORT 5 TO: Planning Commission FROM: Director of Community Development MEETING DATE: January 20, 2015 SUBJECT: PUBLIC HEARING REQUEST FOR CONDITIONAL USE PERMIT (CUP 14-9) TO PERMIT A STRUCTURAL ALTERATION TO A NONCONFORMING DWELLING, INCLUDING ATANDEM PARKING CONFIGURATION. LOCATION: 114 A SURFSIDE AVENUE APPLICANT: CPR LANDHOLDINGS, INC. RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 15-3, to Approve Conditional Use Permit 14-9. Conditional Use Permit 14-9 114 A Surfside Avenue January 20, 2015 Page 2 of 4 GENERAL PLAN DESIGNATION: RESIDENTIAL ZONE: RLD-9 (RESIDENTIAL LOW DENSITY— 9) SITE DESCRIPTION: Assessor's Parcel Number: 178-462-06 Lot Area: 1,300 square feet (.029 acres) Building Floor Area: 2,426 square feet Surrounding Properties: North: Residential South:Beach East: Residential West: Residential 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 15303(e) of the State CEQA Guidelines. LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on January 8, 2015 and mailed to property owners and occupants within a 500' radius of the subject property on January 8, 2015, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP.;r m C i t of Seal Beach q "y$ n o , � r 0 ^ t fw r Conditional Use Permit 14-9 114 A Surfside Avenue January 20, 2015 Page 3 of 4 BACKGROUND: The property has been the subject of ongoing code enforcement efforts since May 2011, when a Seal Beach Building Official noticed the existence of an unpermitted elevator and other unpermitted improvements within the garage while inspecting unrelated improvements to the fagade of the residence. On July 16, 2014, an application for a Conditional Use Permit to allow an alternative parking configuration within the garage of a single-family residence was heard by the Planning Commission. The Planning Commission did not believe that the required findings were made in this case because the configuration of the garage did not meet the applicable provisions of the Municipal Code or the definition of a tandem garage. The proposed configuration required the second vehicle to maneuver around the unpermitted elevator and the City Engineer believed it was not a safe or useable configuration. The Planning Commission voted to deny this CUP request. On September 8, 2014, the application was appealed to the City Council. The City Council heard the appeal and upheld the Planning Commission's decision to deny the project on the grounds that the garage configuration was unconventional and did not meet the provisions of the Municipal Code. The property owner has since worked with the Seal Beach Building Official and Planning staff to gain compliance with the Seal Beach Municipal Code. As a result the applicant has submitted the current request to provide two tandem parking spaces in order to meet current Zoning code requirements and legalize other non-permitted alternations in the garage. ANALYSIS: The subject site is located on the south side of Surfside Avenue at 114 A Surfside Avenue in the Residential Low Density (RLD-9) zone. The property is developed with a three story single-family residence and is surrounded by residences to the north, east and west with the beach to the south. The property owner submitted the pending Conditional Use Permit (CUP) application for structural alteration to a nonconforming residence, including a tandem parking arrangement so the property can provide a two car garage as required by the Seal Beach Municipal Code Chapter 11.4.40. The proposed alteration in this case requires a Conditional Use Permit because the Dwelling Unit front yard setback does not meet City's standards. Structures in the A-Row of the Surfside Colony are required to maintain a minimum 4 ft. wide setback as measured from the front property line. The existing single family residence is 3 ft. wide so therefore the dwelling unit is considered nonconforming The Zoning Code Section 11.4.20.025 (F) requires each parking space to have unobstructed access from a street or from an aisle or driveway connecting with a street without requiring moving another vehicle. There is an exception for tandem parking for a single-family dwelling. The applicant can accommodate a tandem garage by removing the ground floor bathroom as indicated on the plans. Removal of the bathroom allows for a Conditional Use Permit 14-9 114 A Surfside Avenue January 20, 2015 Page 4 of 4 minimum interior dimension of 9 feet by 36 feet, which provides the 9 feet by 18 feet dimension required by the Zoning code for each parking space. The tandem garage allows the property to be brought into compliance while also allowing sufficient area for the existing elevator. As part of this request the applicant will work with staff to obtain permits for the elevator and storage room to bring the property fully into compliance with current Zoning code regulations. The proposed tandem parking arrangement is compatible with the characteristic and existing development in Surfside Colony. Surfside Colony is a gated community served by private narrow streets that range from 20 feet to 25 feet wide. It is therefore vital that residents be able to park their vehicles in their garages in a safe manner and tandem parking is an allowed configuration that allows for safe maneuverability. The proposed alterations will provide two parking spaces within a garage for use by the current resident and any future owner. CONCLUSION: After conducting the public hearing and receiving public testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 15-3 Approving CUP 14-9 to permit a structural alteration to a nonconforming dwelling, including a tandem parking configuration. Prepared by: Lam Steve Fowler Assistant Planner—Community Development Director of Community Development Attachments 2: 1. Resolution No. 15-3—A Resolution of the Planning Commission of the City of Seal Beach Approving Conditional Use Permit 14-9 for structural alterations to a nonconforming dwelling and a tandem parking configuration at 114 A Surfside Avenue. 2. Site Plan and Floor Plan RESOLUTION NO. 15-3 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 14-9 FOR A STRUCTURAL ALTERATION INCLUDING A TANDEM PARKING CONFIGURATION FOR A NONCONFORMING DWELLING AT 114 A SURFSIDE AVENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. On October 28, 2014, CPR Landholdings submitted an application to the City of Seal Beach Department of Community Development for Conditional Use Permit (CUP) 14-9 for a structural alteration to a nonconforming building and tandem parking configuration at 114 A Surfside Avenue (the "subject property"), which is located in the RLD-9 (Residential Low Density— 9) Zone. Section 2. 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 15303(e) of the State CEQA Guidelines. Section 3. A duly noticed public hearing was held before the Planning Commission on January 20, 2015 to consider the application for CUP 14-9. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject site consists of a 1,300 square-foot parcel with a three- story, 2,426 square-foot residential building located on the south side, Row A, of Surfside Avenue. The subject site is surrounded by residential uses to the north, east, and west, while the beach is located to the south. The subject property is located in the RLD-9 (Residential Low Density — 9) zone. B. The existing residence is a nonconforming structure because it does not maintain the required four-foot setback from the front property line. The structure was originally built in 1968, but it does not conform to current zoning regulations. The Zoning Code requires structures that are nonconforming due to height or setbacks to obtain approval of a Conditional Use Permit prior to completing any structural alterations. C. The proposed structural alterations include removal of an existing first floor bathroom to accommodate a tandem parking configuration. In addition to this arrangement, the proposal includes after the fact approval of an existing unpermitted elevator and storage room on the ground floor. -1 of 4- Resolution No. 15-3 Conditional Use Permit 14-9 114 A Surfside Ave Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20 of the Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The proposed structural alterations are consistent with the General Plan. The General Plan specifies that redevelopment in the Surfside Colony is to be compatible with the physical characteristics of its site, surrounding land uses, and available infrastructure. The proposed tandem parking arrangement would allow two vehicles to be parked within the proposed garage area and the elevator and storage room are permitted in conjunction with single-family residences. The proposed alterations will not change the exterior characteristics of the residence and it will continue to be a single-family residence. B. The proposed alterations comply with applicable provisions of the Municipal Code. The Zoning Code allows tandem parking as an acceptable configuration to meet the two car parking requirement. Elevators and storage rooms are permitted in conjunction with single-family residences so long as development standards are met. The proposed tandem arrangement will bring the property into conformance. The proposed alterations will not add square footage to the nonconforming residence. The Seal Beach Municipal Code permits structural alterations to nonconforming residences with approval of a Conditional Use Permit. C. The subject site is physically adequate for the proposed structural alterations. The removal of the bathroom on the first floor will provide interior dimensions of 36 feet deep by 9 feet wide for a tandem garage. The garage will provide adequate space for two vehicles, making it more likely that vehicles would utilize these spaces. The applicant prepares to obtain after the fact approval of the unpermitted elevator and storage room as part of this request. Both the elevator and storage room are permitted subject to compliance with all development standards. The nonconforming structure will continue to be used as a single-family residence, which is consistent with the surrounding area. D. The location, size, design, and operating characteristics of the proposed structural alterations would be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The alterations are proposed to bring the property into compliance with parking requirements and enhance use of the residence by the owners. No changes are proposed to the exterior and the residences will continue to be used as a single-family residence. E. The establishment, maintenance, and operation of the proposed structural alterations would not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed structural alterations will require a minimal period of construction to demolish an existing bathroom and construct new garage walls. Once the work is completed the property will continue to be used as a single-family residence and will be provided with a two car garage. The property will be consistent with the surrounding uses in the area. -2 of 4- Resolution No. 15-3 Conditional Use Permit 14-9 114 A Surfside Ave Section 5. Based upon the foregoing, the Planning Commission hereby approves CUP 14-9 for a structural alteration to a nonconforming structure, including a tandem parking configuration, subject to the following conditions. 1. Conditional Use Permit 14-9 is approved to allow a structural alteration to a nonconforming dwelling, including a tandem parking configuration, at 114 A Surfside Avenue. The residence must substantially conform to the plans submitted and on file with the Community Development Department dated October 28, 2014. 2. Any proposed alterations or upgrades to the residence will require review and approval from the City of Seal Beach Planning Division. 3. Failure to comply with any of these conditions or a substantial change in the mode or character of the residence shall be grounds for revoking or modifying this CUP approval. 4. This CUP shall not become effective for any purpose unless/until a City "Acceptance of Conditions" form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 5. The applicant is required to obtain all required Building and Safety permits prior to construction or demolition. 6. Approval of this request shall not waive compliance with all sections of the Development Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 7. Within 30 days of the adoption of this resolution the property owner shall obtain all necessary permits to legalize the elevator and rearrange ground floor of the residence including the garage to accommodate a two car tandem parking area. 8. This CUP shall become null and void unless exercised within one 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 at least ninety days prior to such expiration date. 9. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively "the City" hereinafter in this paragraph) 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 -3 of 4- Resolution No. 15-3 Conditional Use Permit 14-9 114 A Surfside Ave any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on January 20, 2015, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN. 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