HomeMy WebLinkAboutPC Res 15-29 - 2015-12-07RESOLUTION NO. 15 -29
A RESOLUTION OF THE SEAL BEACH
PLANNING COMMISSION APPROVING MINOR
USE PERMIT (MUP15 -16) TO ALLOW THE
ENLARGEMENT OF TWO FRONT ENTRY
DOORS AT AN EXISTING MULTI -UNIT
RESIDENTIAL PROPERTY THAT IS
NONCONFORMING DUE TO PARKING,
DENSITY AND FRONT YARD SETBACK
LOCATED WITHIN THE RESIDENTIAL HIGH
DENSITY (RHD -20) ZONE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE AS FOLLOWS:
Section 1. Bruce Boehm ( "the applicant'), submitted an application to the City
of Seal Beach Department of Community Development for Minor Use Permit (MUP) 15-
16 to widen two front entry doors from 30" to 36" at 131 14th Street within the RHD -20
(Residential High Density — 20) zone.
Section 2. This project is determined to be a Class 1 (Conversion of small
structures) 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 the enlargement of two front entry doors, involving negligible or no
expansion beyond the existing use.
Section 3. A duly noticed meeting was held before the Planning Commission
on December 7, 2015 to consider the application for MUP 15 -16. At this meeting, the
Planning Commission received and considered all evidence presented, both written and
oral, regarding the subject application. The record of the public hearing indicates the
following:
A. The applicant submitted an application to the Community
Development Department for Minor Use Permit 15 -16 to widen two front entry doors
from 30" to 36" at 131 14th Street, Seal Beach, California.
B. The subject site is rectangular in shape with a lot area of 2,937.5
square feet. The property is 25 feet wide by 117.5 feet deep. The site is surrounded by
residential uses. The subject property is located in the RHD -20 (Residential High
Density — 20) zone.
C. The subject property is currently developed with a two -story
residential duplex at the front of the property and another two -story residential structure
with an attached two -car garage at the rear of the property. The subject site is located
on the west side of 14th Street between Electric Avenue and Ocean Avenue. Based on
the existing deficiency of the front yard setback, lack of on -site parking and the site
exceeding the density requirement, the subject property is considered nonconforming.
The proposed improvements will not expand the existing nonconformity.
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Resolution 1529
131 14' Street
D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows
modifications to exterior doors subject to approval of a Minor Use Permit. The
reconfiguration of the two front entry doors is consistent with the provisions of this
section.
Section 4. Based upon the facts contained in the record, including those
stated in the preceding Sections of this resolution and pursuant to Chapter 11.5.20 of
the Code of the City of Seal Beach, the Planning Commission makes the following
findings:
A. The proposed exterior alterations 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 enlargement of the two front entry doors will not expand any
nonconformity and will not increase the habitable square footage of the residential
structure.
B. The proposed exterior alteration 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
alterations to exterior doors on existing nonconforming properties with approval of a
Minor Use Permit.
C. The proposed exterior door alteration, as conditioned below, will be
located on a site that is physically adequate for the type, density, and intensity of use
and alteration being proposed, including provision of services, and the absence of
physical constraints. The subject site is currently developed with a two -story residential
duplex and another two -story residential structure with an attached two -car garage at
the rear of the property, and is considered nonconforming due to the setback, density
and parking. The alteration of exterior doors will not add habitable space and will
maintain development standards applicable to the RHD -20 zone.
D. The location, size, design, and operating characteristics of the
proposed exterior door alteration, 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 and
will remain similar to surrounding uses throughout the RHD -20 zoned area.
E. The establishment, maintenance, and operation of the proposed
exterior door alteration will not be detrimental to the health, safety, or welfare of persons
residing or working in the vicinity. The enlargement of exterior doors will not intensify
the 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 -16 to widen two front entry doors from 30" to 36" within an existing
multi -unit residence on a nonconforming property subject to the following conditions:
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Resolution 1529
131 14`" Street
1. Minor Use Permit 15 -16 is approved to widen two front entry doors from 30" to 36"
within an existing residence on a nonconforming property located at 131 14th Street.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Minor Use Permit 15 -16. 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. 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.
5. 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.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on December 7, 2015, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Esther ummings
/jTT ST: 1 Chairperson
Basham
fining Commission Secretary
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