HomeMy WebLinkAboutPC Res 15-14 - 2015-07-06 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 21 006iet 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, Sea] 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.
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Resolution 15-14
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.B.
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 l 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 11.4.40.015.8) 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. Thesubject 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,I 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
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Resolution 15-14
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.
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Resolution 15-14
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 Sloan, Cummings, Machen, Campbell
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners -f;2
'S feve 7 Sloan
Chairperson
AT E T:
ji asham' V
ning Commission Secretary
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