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Home My WebLink About2 - MUP 15-1 1702 Landing Avenue -'.4% 5EAt "s, PLANNING COMMISSION ITEM NUMBER STAFF REPORT TO: Planning Commission FROM: Director of Community Development MEETING DATE: APRIL 20, 2015 SUBJECT: PUBLIC HEARING REQUEST FOR A MINOR USE PERMIT (MUP 15-1) TO ALLOW THE RELOCATION OF A FRONT DOOR, ADDITION OF A NEW FRONT PORCH, AND A REMODELED ROOF AT A NONCONFORMING RESIDENCE LOCATED AT 1702 LANDING AVENUE IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA. LOCATION: 1702 Landing Avenue APPLICANT: ROBERT & KAREN BOLLER RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning'Commission adopt Resolution No. 15-8, APPROVING Minor Use Permit 15-1 with Conditions. Minor Use Permit 15-1 1702 Landing Avenue GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION: Assessor's Parcel Number: 199-061-06 Lot Area: 3750 sq. ft. Unit Gross Floor Area: 1773 sq. ft. Surrounding Properties: North: Residential High Density (RLD-20) South:Residential High Density (RLD-20) East: Limited Commercial\Residential Medium Density (LC\RMD) West: Residential High Density (RLD-20) ENVIRONMENTAL ASSESSMENT: Staff has determined that this application is exempt from review under the California Environmental Quality Act("CEQA") pursuantto Section 15301 of the State CEQA Guidelines because the proposed exterior remodel of the residence constitutes a minor alteration of an existing private structures involves negligible or no expansion of use. LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Suri Newspaper on April 9, 2015 and mailed to property owners and occupants within a 300' radius of the subject property on April 9, 2015, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: 61101 ,M, City o Seal Beach tb IQ r S • ,e9t f a✓'�j"�` y-y�Y� % I� i 11 �'�-� �� f i. * f i'F y a 'R fk ��! '"' ' _ r � �r Page 2 of 4 Minor Use Permit 15-1 1702 Landing Avenue ANALYSIS: The subject property is nonconforming due to density, parking, and setback. According to Table 11.2.05.015 of the Seal Beach Municipal Code (SBMC), properties zoned Residential High Density at 20 dwelling units per acre(RHD-20)are allowed one residential unit per every 2,178 sq. ft. of land area which would require a lot size of 4,356 sq. ft. to accommodate two units and each dwelling unit is required to have two off street parking spaces.The subject site is 3,750 sq. ft. measuring 37'6" in width by 100' in length and is developed with two detached residential dwelling units with three off street parking spaces,therefore nonconforming due'to density and parking. The subject property is located on a corner lot and according to Table 11.2.05.015 an interior side setback of 10% lot width (3 feet minimum) and a corner side setback of 15% lot width (10 feet maximum) is required. Therefore, the subject property is required to have a 3' 9" interior side setback and a 5' 8" corner side setback. Currently, the subject property has an interior side setback of 3' and a corner side setback of 5' making it nonconforming due to setback. Seal Beach Municipal Code section (SBMC§ 11.4.40.015.13)allows minor improvements for unenclosed porches, balconies, roof additions, and exterior doors to nonconforming residential structures with approval of a Minor Use Permit. The proposed alterations will not increase habitable space and conforms to the provisions of(SBMC § 11.4.40.015.B). On February 17, 2015, the applicant filed an application with the Community Development Department for Minor Use Permit 15-1 to add a front porch and remodel the exterior of the primary residence. The subject site is located on the Northeast corner of 17th Street and Landing Avenue within the Old Town area. The parcel is developed with a two story single family dwelling with an attached single car garage (primary residence) and a second residential dwelling unit above an attached two-car garage at the rear of the property. The subject site is surrounded by residential uses to the North, South, and West, with light commercialVesidential to the East. The applicant is proposing to remodel the exterior of the primary residence by replacing the existing flat roof and parapet wall with a new gable roof, and constructing a new unenclosed covered porch at the Northwest corner. The existing entry door will be relocated from the North side of the residence to the West side facing 17th Street. The new gable roof will total approximately 160 square feet in area and the new unenclosed covered porch will total approximately 90 square feet in area. The proposed gable roof will be designed to integrate with the existing gable roof design providing architectural consistency.Additionally-the porch roof will maintain a 6' side yard setback and an 8' 8"front yard setback which complies with development standards for the RHD-20 zone. CONCLUSION: After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 15-8 approving MUP 15-1 to permit a new front porch and entry with a new roof on existing nonconforming residence at 1702 e L/andingAv e. Prepared Will then BE sh-am Community Development Department Director of Community Development Page 3 of 4 Minor Use Permit 15-1 1702 Landing Avenue Attachments: 1. Resolution No. 15-8 —A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 15-1 to Allow"rhe Relocation of a Front Door, Addition of a New Front Porch, and a Remodeled Roof at a Nonconforming Residence Located at 1702 Landing Avenue in the Residential High Density (RHD-20) Zoning Area. 2. Project architectural plans. 3. Photo of front elevation. Page 4 of 4 ATTACHMENT 1 RESOLUTION NO. 15-8 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 15-1 TO ALLOW THE RELOCATIOI4 OF A FRONT DOOR, ADDITON OF A NEW FRONT PORCH, AND A REMODELED ROOF AT A NONCONFORMING RESIDENCE LOCATED AT 1702 LANDING AVENUE IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA. RESOLUTION NO. 15-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15-1 TO ALLOW THE RELOCATION OF A FRONT DOOR, ADDITION OF A NEW FRONT PORCH, AND A REMODELED ROOF AT A NONCONFORMING RESIDENCE LOCATED AT 1702 LANDING AVENUE IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Property owner Robert Boller ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 15-1. The proposed project would allow for the relocation of a front door, construct a new front porch, and change the roof style at a nonconforming residence at 1702 Landing Avenue in the Residential High Density (RHD-20) zoning area. Section 2. Staff has determined -that this application is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Section 15301 of the State CEQA Guidelines because the proposed exterior remodel of the residence constitutes a minor alteration of an existing private structures involves negligible or no expansion of use. Section 3. On April 20, 2015, the Planning Commission held a duly noticed public hearing to consider Minor Use Permit 15-1 at which it heard and received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. On February 17, 2015, the applicant submitted an application to the Community Development Department for Minor Use Permit 15-1. B. The applicant is requesting to remove an existing flat roof and construct a new gable roof approximately 160 square feet in total area; construct a new unenclosed covered porch approximately 90 square feet in total area, and remodel the exterior building of a nonconforming single family dwelling through a Minor Use Permit. C. The subject property is rectangular in shape with a lot area of approximately 3,750 square feet. The property is 37' 6" feet wide by 100' feet deep. The site is surrounded by residential uses to the North, South, and West sides, with limited commerciallresidentiai medium density on the East side. D. The proposed gable roof will have roof lines and roofing material that is architecturally compatible with the existing primary single family dwelling. 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 Seal Beach Municipal Code, the Planning Commission makes the following findings: Resolution 15-8 1702 Landing Avenue A. The proposed structural alterations are consistent with the General Plan. The General Plan encourages architectural diversity in the Old Town area while ensuring compatibility between residential and commercial uses. The proposed exterior alterations will not change the character of the residence and will be consistent with other surrounding properties. B. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the Municipal Code. The subject site is located within the Old Town RHD-20 zone, an area where the Seal Beach Municipal Code Section 11.4.40.015.B allows minor improvements for unenclosed porches, balconies, roof additions, and exterior doors to nonconforming residential structures with approval of a Minor Use Permit. C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is currently developed with two residential dwelling units. The unenclosed front porch and exterior remodel will not add habitable space and will remain within development standards within the Old Town RHD-20 zone. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the Old Town RHD-20 zone, which consists of properties developed as single family residences. Unenclosed front porches, exterior remodel, and roof alteration are architectural features associated in this zoning district. The property will continue to be used as a single family residence which is consistent with the surrounding area. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The proposed unenclosed front porch, exterior remodel, and roof alteration will not increase bedrooms or habitable space to the residence. The subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 15-1 for the construction of an unenclosed front porch, exterior remodel, and roof alteration on a nonconforming building, subject to the following conditions: 1. Minor Use Permit 15-1 is approved for the construction of an unenclosed front porch, exterior remodel, and roof alteration on a nonconforming building located at 1702 Landing Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans submitted to the Community Development as part of the application for Minor Use Permit 15-1. All new construction shall comply with all applicable state and local codes. 3. There shall be no additional habitable space permitted. Page 2 of 3 Resolution 15-8 1702 Landing Avenue 4. Roof pitches and exterior finishes of the unenclosed front porch and roof alteration shall be compatible with existing roof pitches and exterior finishes of the primary dwelling unit. 5. The applicant is required to obtain all building and safety permits prior to construction or demolition. 6. This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed, notarized, and returned to the Community Development 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 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 20th day of April, 2015 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Steve Sloan, Chairperson Jim Basham Planning Commission Secretary Page 3 of 3 ATTACHMENT 2 Architectural Plans �4 o - aL-.0 ----- .b-,L f � Ell 0 6' ----- Q .o w , L nr o Il o m U lo El ^� o x — N o _1 --- (1) N / n rr O n r I W (W CD O > CIL o ---- b-,L Q 0 ry - } 0 _ a Yi —�1- _20 v o II �l1 m i ^ O i 6-.a ..ai-.> .n .f -------- gym, --------------------- ---- -— N i = i �° 4i V § , 4 _ u i L !�l�: r$� ---_l GL� gW 67� o -- G � CL IL � i •— --- is C7 E x8 (; V ilk W T - a : , RI T O CD El------ I\ O-) „r ryr o 0 -------- w o --- 0 U� a� W Q x W TETI 0 N w O o �oa o, ov 3_ 4d c I Ll L:11 III II�� c w x w �L =L "L ATTACHMENT 3 Photo of Front Elevation / • ,� s f w � � A « L r r ' r .4 « t ' s « A , Y G G w i 4t P ir �p F