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HomeMy WebLinkAboutPC Res 15-10 - 2015-06-01 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 15-10 221 6'h 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 11.4.40.015.8) 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 6�n 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 1St day of June, 2015 by the following vote: AYES: Commissioners Campbell, Cummings, Sloan, Machen NOES: Commissioners ABSENT: Commissioners Pratt ABSTAIN: Commissioners r� s Steve Sloan Chairperson m Basham lanning Commission Secretary Page 3 of 3