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Home My WebLink About3 - MUP 15-4 (Resolution No. 15-10) [221 6th Street] a"SEA[ �' ` "• PLANNING COMMISSION '� �'�('i• ITEM NUMBER STAFF REPORT 3 TO: Planning Commission FROM: Director of Community Development MEETING DATE: JUNE 1, 2015 SUBJECT: PUBLIC HEARING REQUEST FORA MINOR USE PERMIT(MUP 15- 4) TO ALLOW A COVERED FRONT AND REAR PORCH ON THE PRIMARY RESIDENCE OF A RESIDENTIAL PROPERTY THAT IS NONCONFORMING DUE TO DENSITY AND LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA WITH NO HABITABLE SPACE ADDED TO THE EXISTING RESIDENCES ON THE PROPERTY. LOCATION: 2216 TH Street APPLICANT: JAMES T. TIGNER RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 15-10, APPROVING Minor Use Permit 15-4 with Conditions. Minor Use Permit 15-4 221 6fh Street GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION: Assessor's Parcel Number: 199-023-25 Lot Area: 4406 sq. ft. Unit Gross Floor Area: 2875 sq. ft. Surrounding Properties: North: Residential High Density (RLD-20) South:Residential High Density (RLD-20) East: Residential High Density (RLD-20) West: Residential High Density (RLD-20) ENVIRONMENTAL ASSESSMENT: This project is determined to be a Class 3 Section (e) (New Construction to Existing Small Structures—adding accessory structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act(Public Resources Code Section 21000 et seq.) to allow unenclosed front and rear porch accessory structures to be added to an existing residence. LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on May 21, 2015 and mailed to property owners and occupants within a 300' radius of the subject property on May 21, 2015, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: City of Seal Beach 1i lip, y (� Tom. V y r `sue Page 2 of 3 Minor Use Permit'15-4 221 6ff' Street ANALYSIS: James T. Tigner, ("the applicant") filed an application for Minor Use Permit 15-4 requesting approval to add a front and rear porch to the primary residence located at the front of the subject property. The subject site is located on the west side of 6th Street, north of Central Avenue within the Old Town area. The parcel is developed with a one story residence at the front of the property facing 6th Street(primary residence) and a three unit residence attached to a three car garage at the rear. The subject site is located in the RHD-20 zone and is surrounded by residential uses on all sides. The subject property is nonconforming due to density, parking and setbacks. According to Table 11.2.05.015 of the Seal Beach Municipal Code, properties zoned RHD-20 are allowed one residential unit per every 2,178 sq.ft. of land area and are required to have two off-street parking spaces for each dwelling unit. The subject property is a 4,406 sq. ft. interior parcel with a total of four dwelling units and three off-street parking spaces. Based on development standards for RHD-20, this property exceeds allowed density by two dwelling units and is deficient in off-street parking by five spaces. Interior lots zoned RHD-20 are also required to maintain a side yard setback that is 10% of the lot width. The subject property measures 37 feet 6 inches by 117 feet 6 inches which requires a side setback of 3 feet 9 inches. The rear three unit residence has side setbacks measuring 3 feet 8 inches and 3 feet 2 inches, The applicant is proposing to extend the existing front covered porch of the primary residence to create a 6 foot deep by 17 foot long porch. This extension will be 10 feet in height and will maintain the required 12 feet front yard setback. At the rear of the primary residence, a new 19 foot by 10 foot 7 inch covered porch is proposed with an elevated deck platform. The elevated deck platform will measure approximately 1 foot in height from grade. The rear covered porch will measure approximately 14 feet in height, maintain a gable roof, and maintain architectural consistency with the building. A 6 foot separation will be maintained between the proposed rear covered porch and the rear residential structure in compliance with SBMC § 11.2.05.015. Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements such as unenclosed porches, balconies and exterior doors to nonconforming residential structures with the approval of a Minor Use Permit. The request is for front and rear porches which will not increase habitable space, not expand any nonconformity on the property, and will conform to the provisions of SBMC § 11.4.40.015.B. CONCLUSION: After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 15-10 approving MUP 15-4 to permit the extension/construction of front and rear cove a porches on an existing nonconforming property at 22 Prepared I:N Will Chen ji Basham Community Development Department rector of Community Development Attachments: 1. Resolution No.15-10—A Resolution of the Planning Commission of the City of Seal Beach,Approving Minor Use Permit 15-4, to allow a covered front and rear porch on the primary residence of a residential property that is nonconforming due to density and located in the residential high density(RHD-20)zoning area with no habitable space added to the existing residences on the property. 2. Project architectural plans. 3. Photo of front and rear elevation. Page 3 of 3 ATTACHMENT 1 RESOLUTION NO. 15-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15-4 TO ALLOW A COVERED FRONT AND REAR PORCH ON THE PRIMARY RESIDENCE OF A RESIDENTIAL PROPERTY THAT IS NONCONFORMING DUE TO DENSITY AND LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD- 20) ZONING AREA WITH NO HABITABLE SPACE ADDED TO THE EXISTING RESIDENCES ON THE PROPERTY. RESOLUTION NO. 15-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15-4 TO ALLOW A COVERED FRONT AND REAR PORCH ON THE PRIMARY RESIDENCE OF A RESIDENTIAL PROPERTY THAT IS NONCONFORMING DUE TO DENSITY AND LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA WITH NO HABITABLE SPACE ADDED TO THE EXISTING RESIDENCES ON THE PROPERTY. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Property owner James T. Tigner ("the applicant") submitted an application to the Community Development Department for Minor Use Permit 15-4. The proposed project includes the extension of an existing front covered porch and new rear covered porch on a nonconforming property in the Residential High Density (RHD-20) zoning area. Section 2. This project is determined to be a Class 3 Section (e) (New Construction, Existing Facilities — adding accessory structures) Categorical Exemption pursuant to Section 15303 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) to allow a minor front and rear porch accessory structure to be added to an existing property. Section 3. A duly noticed public hearing was held before the Planning Commission on June 1, 2015 to consider Minor Use Permit 15-4. At the public hearing, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. On May 5, 2015, the applicant submitted an application to the Community Development Department for Minor Use Permit 15-4. B. The subject property is rectangular in shape with a lot area of approximately 4,406 square feet. The property is 37 feet 6 inches wide by 117 feet by 6 inches deep. The site is surrounded by residential uses to the North, South East and West. C. The subject property is currently developed with a one story single dwelling unit at the front and a second building at the rear with three dwelling units attached to a three car garage. Based on the exhibited density, parking and setback conditions, the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity. D. The applicant is requesting to modify the primary structure existing on the property by extending the existing front covered porch to the dimensions of 6 feet deep by 17 feet wide and by constructing a new covered porch attached at the rear measuring 10 feet 7 inches deep by 19 feet wide on a nonconforming property through Minor Use Permit 15-4. The porches will not be fully enclosed. E. The proposed front and rear porch will be conditioned to have roof lines and roofing material that is architecturally compatible with the existing primary residence. Resolution 15-10 2216'Street 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: A. The proposed minor improvements are consistent with the General Plan which encourages architectural diversity in the Old Town area (Planning Area 1) while ensuring compatibility between residential and commercial uses. The General Plan also recognizes existing nonconforming land uses and permits minor alterations. The proposed front and rear porch improvements will not change the character of the property, will not expand any nonconformity, and will be consistent with other surrounding properties. B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply 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 such as unenclosed porches for 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 four residential dwelling units and is considered nonconforming. The unenclosed front and rear porch will not add habitable space and will maintain development standards applicable to the RHD-20 zone. The improvement will not increase density or change beyond existing use of property. 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 RHD-20 zone, which consists of properties developed as single family and multi-family residences. Unenclosed porches are architectural features associated with this zoning district. The improvement will not add habitable space, will not change existing operating characteristics, and will remain similar to surrounding uses throughout RHD-20. 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 and rear porches will not increase bedrooms or habitable space on the property. 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 15-4 for the construction of an unenclosed front and rear porch on a nonconforming property, subject to the following conditions: 1. Minor Use Permit 15-4 is approved for the expansion/construction of unenclosed front and rear porches on a nonconforming property located at 221 6 th Street. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 15-4. All new construction shall comply with all applicable state and local codes. 3. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. Page 2 of 3 Resolution 15-10 221 6t'Street 4. Prior to issuance of a building permit, the property owner must record a Maintenance Agreement stating the front and rear porch will not be altered, enlarged or enclosed for the purpose of creating habitable space, 5. All material and finishes of the unenclosed front and rear porch shall be compatible with existing roof pitches and exterior finishes of the primary dwelling unit. 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 1t day of June, 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 PROJECT ARCHITECTURAL PLANS 4 LA o Q° a Q. rn ED LJ o d —LJ W a 1L° u g's dS o'er m��s 10 N y v o G UN s Z a l vm A3 I I v 0� � a , 1 I I I u E—I J v vv Li I • �I I � >I I I I 1 i o y:r o ti� TA Cl) ° x 3 p 3 I .tl a > _. W t LJ J w w }fSVMJQ15 I � IS N!9 2C. y�+ ATTACHMENT 3 PHOTO OF FRONT AND REAR ELEVATION a: �« ,♦ > err � _ t �• fi �- 1r r � i ., ,c tit ♦� � �i�� ' ��III =" € y r ir OR ir io sf