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HomeMy WebLinkAbout3 - MUP 15-9 (215 Ocean Avenue) SEAL % ITEM U . PLANNING COMMISSION NUMBER 's s 1 STAFF REPORT 3 TO: Planning Commission FROM: Director of Community Development MEETING DATE: JULY 6, 2015 SUBJECT: NEW BUSINESS REQUEST FOR MINOR USE PERMIT 15-9 TO ALLOW THE ALTERATION OF AN EXISTING FRONT PORCH COVER, EXTENSION OF AN EXISTING SECOND FLOOR COVERED DECK, AND A NEW REAR DECK PLATFORM, 2 FEET ABOVE GRADE, ON A NONCONFORMING PROPERTY IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA. LOCATION: 215 Ocean Avenue APPLICANT: Tori Jones RECOMMENDATION: After reviewing the application, staff recommends that the Planning Commission adopt Resolution No. 15-14,APPROVING Minor Use Permit 15-9 with Conditions. Minor Use Permit 15-9 215 Ocean Avenue GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION: Assessor's Parcel Number: 199-146-16 Lot Area: 5435 sq. ft. Gross Floor Area: 2518 sq. ft. Surrounding Properties: North: Residential High Density (RHD-20) South:Residential Low Density (RLD-9) East: Residential High Density (RHD-20) West: Residential High Density (RHD-20) ENVIRONMENTAL ASSESSMENT: This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of alterations to the exterior of an existing residence, and a new rear deck platform where only minor modifications are required for the renovation. LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on June 25, 2015 and mailed to property owners and occupants within a 300' radius of the subject property on June 25, 2015, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: rr `• City 0' ' Seal Beach bqr iJ .a k R r Page 2 of 3 Minor Use Permit 15-9 215 Ocean Avenue ANALYSIS: Tori Jones, ("the applicant") filed an application for Minor Use Permit 15-9 requesting approval to allow the alteration of an existing front porch cover, extension of an existing second floor covered deck, and a new rear deck platform, 2 feet above grade, on a nonconforming property in the Residential High Density(RHD-20)zoning area. The subject site is located on the northwest corner of Ocean Avenue and 3rd Street in the Old Town area. The parcel is developed with a two story single family residence and a detached two car garage.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 the corner side yard and rear yard setbacks. According to Table 11.2.05.015 of the Seal Beach Municipal Code, corner lot properties in the RH D-20 zone are required to maintain a corner side yard setback that is 15% of the lot width and a rear yard setback that is 24 feet minus alley width. The subject property measures approximately 50 feet wide by 110 feet long. Based on these dimensions, the development standard requires a corner side setback of 7 feet 6 inches and a rear setback of 9 feet. The detached garage has a rear setback of 1 foot and the residence has a corner side setback of 6 feet. The applicant is proposing to extend the existing second -Floor deck so that it will measure approximately 6 feet in length by 18 feet in width with a flat roof cover. The proposal also includes altering the existing front covered porch from a sloped pitch to a flat roof to provide additional clearance to the front door and extending it by approximately 1 foot 4 inches. At the rear of the property, a new 2 foot high raised platform is proposed. The platform will measure approximately 12 feet in length by 24 feet 10 1/2 inches in width.The Seal Beach Municipal Code (SBMC § 11.4.40.015.13) allows minor improvements which involve the alteration or addition of roofs, balconies and porches to nonconforming properties. No new bedrooms or habitable space will be created. It should be noted that the subject property received prior approval for Minor Use Permit 15-2 for the alteration of less than 25% of interior walls to convert a portion of a storage area into a new bathroom on the second floor and a remodel of the master bedroom, closet, and bathroom on the first floor. The approved MINOR Use Permit(MUP 15-2)does not have any effect on code standards for the proposed work in this application (MUP15-9). The applicant wanted to move forward with interior alterations while deciding on exterior improvements so the interior alterations were presented at a prior meeting. No additional work is proposed beyond the exterior alterations requested as part of this Minor Use Permit. CONCLUSION: After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 15-14 approving MUP 15-9 to allow the alteration of an existing-front porch roof, extension of an existing second floor covered deck, and a new rear deck platform, 2 feet above grade, on a nonconforming property at 215 Ocean Avenue. Prepared by: Will Chen Jim 134hamn. Community Development Department Director,of Cornlnuhiiy Development Attachments: 1. Resolution No. 15-14 2. Project architectural plans. 3. Site photo. Page 3 of 3 ATTACHMENT 1 RESOLUTION NO. 15-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 15-9 TO ALLOW THE ALTERATION OF AN EXISTING FRONT PORCH ROOF, EXTENSION OF AN EXISTING SECOND FLOOR COVERED DECK, AND A NEW REAR DECK PLATFORM, 2 FEET ABOVE GRADE, ON A NONCONFORMING PROPERTY IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA AT 215 OCEAN AVENUE, RESOLUTION NO. 15-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT .15-9 TO ALLOW THE ALTERATION OF AN EXISTING FRONT PORCH ROOF, EXTENSION OF AN EXISTING SECOND FLOOR COVERED DECK, AND A NEW REAR DECK PLATFORM, 2 FEET ABOVE GRADE, ON A NONCONFORMING PROPERTY IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA AT 215 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Tori Jones on behalf of property owner Paul Stephen Masoner ("the applicants") submitted an application to the Community Development Department for Minor Use Permit 15-9. The proposed project includes the alteration of an existing front porch roof, extension of an existing second floor covered deck, and a new rear deck platform, 2 feet above grade, on a nonconforming property in the Residential High Density (RHD-20) zoning area. Section 2. This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of alterations to the exterior of an existing residence, and a new rear deck platform where only minor modifications are required for the renovation. Section 3. A duly noticed public hearing was held before the Planning Commission on July 6, 2015 to consider Minor Use Permit 15-9. 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 April 29, 2015, the applicant submitted an application to the Community Development Department for Minor Use Permit 15-9 for a proposed project at 215 Ocean Avenue, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 5,435 square feet. The property is approximately 50 feet wide by 110 feet deep. The site is surrounded by residential uses on all sides. C. The subject property is currently developed with a two story single family residence and a detached two car garage at the rear. Based on the existing setback conditions, the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.13) allows minor improvements the alteration or addition of roofs, balconies and porches of nonconforming properties. Page 1 of 4 Resolution 15-19 215 Ocean Avenue E. The applicant is requesting to modify the existing residence on the nonconforming property through alteration of an existing front porch roof, extension of an existing second floor covered deck, and a new rear deck platform, 2 feet above grade. No new bedrooms will be created and the residence will conform to the provisions of SBMC § 11.4.40.015.6. 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 alteration of an existing front porch roof, extension of an existing second floor covered deck, and a new rear deck platform, 2 feet above grade, on a nonconforming 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 11.4.40.015.6) allows minor improvement such as the alteration or addition of roofs, balconies and porches to nonconforming properties 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 one single family residence and is considered nonconforming due to setbacks only. The alteration of an existing front porch roof, extension of an existing second floor covered deck, and a new rear deck platform, 2 feet above grade, will not add habitable space and will maintain development standards applicable to the RHD-20 zone. The improvements 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. The improvement will not add habitable space, will not change existing operating characteristics of the single family residence, 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 alteration of an existing front porch roof, extension of an Page 2 of 4 Resolution 15-19 215 Ocean Avenue existing second floor covered deck, and a new rear deck platform, 2 feet above grade, will not increase bedrooms, or intensify use 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 15-9 for alteration of an existing front porch roof, extension of an existing second floor covered deck, and a new rear deck platform, 2 feet above grade, on a nonconforming property subject to the following conditions: 1 Minor Use Permit 15-9 is approved for the alteration of an existing front porch roof, extension of an existing second floor covered deck, and a new rear deck platform, 2 feet above grade, on a nonconforming property located at 215 Ocean Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 15-9. 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. 4. All materials, color, wall finishes and roof material must be consistent with existing material and exterior finishes of the residential dwelling. 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 Minor 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. Page 3 of 4 Resolution 15-19 215 Ocean Avenue PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on July 6, 2015, by the following vote: AYES: Commissioners NOES: Cornmissioners ABSENT: Commissioners ABSTAIN: Commissioners Steve Sloan Chairperson Jim Basham Planning Commission Secretary Page 4 of 4 ATTACH IVIENT 2 Project Architectural Plans I�1 0 EAVNV'E0C air, VIVO lll�arozqcA S 3 N 0" aDNacileaN N3NDGV'W 3fil NV'71=1 Elie lanOW 0 SN N INaINI samormol dO NOWIMU Naul"C135mRa in 1ti0H1Vlt 810HM 40 iw NI 103mw muo ZF4u--Ossra4 w ajohdoudig 98 ION AVA ORV N0153o 83NOP1401 Jo 1.LN3dMfd 3341 atV TWW 3S3N-11 LIJ r-T cn 0 cr 00 � III ` � I �� 'I Lli 1 1111 ' 14 0 Di- uj td F- cl) Z z 0 a < 0 HUHN HHHHilb all'-wamll .H.- w Ing m LLI m 0 < j d N. 1,1 11,1 1 W WIN, 2AV NIV-.-.)D GIC SINO ( IN61 IU 21ONaalgaN bGNOSVW 3Hi N01bGINI ii II II ii 1 29 LO 1. i1. fill t It li II IL id ra � } I IR -oo-=-==_ r3 _ �_ 4'-9• gy�pp,,,, 6 1 I I i ! i i i I 7 .T -_________________ it II �} II II II r! II 17 11 u z � $� NTERIOR REMODEL For: oeslca7aowa�Irv��r, 1ST FLOOR PLAN THE MASONER RESIDENCE ri'I T o R 1 a N s D g 0 2ND FLOOR PLAN SEAL BEACH,CA 30140 w W 11Y16a41tm11PmxItmAL inaGAJRO LmiBtruijdvadrign,Wm(36253359J0 9tFfi'LE3'i951 woavflisapaawluwa7� � _� s� 4Zt46 b�imweiM'srrl anuQ llWA ie6 LatZ �+ --,i 1p,1 „(i ,�r'y, L; 4 J I I� O I I N O H'aN�UIS3�'1 { NOSta 3H1 Nb"Id 40071'apd'3340W3N NOI1 S�UNI „ 11 11 �1 �1 �1 w f1 � 11 8 I QQtt 3 a gv �.... Ct'E � 7 59 ------------------ <] 0 uj [ I I I I I 4 0 G� U I II I I II I I I I I n i I , m I m I I AIR z I It b I I I i ( � � I � i• I I I ice_ I I' I I' II i I I In i I I I I I I f I I i I I ©� i t I I i I I 1 1 S I I iI I I i I I 11 I �- I I I Ell 1 �= Ii I I II I I II lilt I V i I I I I I -4 � I I f P I I I I I i t I I I I i I I I IIII�_1I11 �' i II I I M 'mI I I I I a k D._9. .FBSE PIANS ARE THE PROPERTY OF TCRI JONES DESIGN AND MAY NOT BE REPRODUCED OR REUSED FOR ANY OTHER PROJECT IN PART OR W1K7tE 11WTHCUT THE EXPRESSED WRITTEN PER ION OF TORI JONES, INTERIOR REMODEL for: oe9rc-N A DR401r.sr. c EXTERIOR ELEVATIONS THE MASONER RESIDENCE ®ate TO R I J 0 N E S $ A 215 OCEAN AVE Ell ' w SEAL BEACH, CA W-740 I)I1 Oak Knoll L4ie r LmAmnimt.CA�)ltl ' witl�ailmndesiy smnIS62S13.59)9 ATTACHMENT 3 Site Photo r't ' AV IN a r . "`•"�.t� t � t `#rip .4 �",=t Wo" (mss t