HomeMy WebLinkAboutItem 3TO:
FROM:
MEETING DATE:
SUBJECT:
LOCATION:
APPLICANT:
PLANNING COMMISSION
STAFF REPORT
ITEM
NUMBER
3
Planning Commission
Director of Community Development
MARCH 7, 2016
NEW BUSINESS
REQUEST FOR MINOR USE PERMIT 15 -17 TO
ALLOW THE EXPANSION OF AN EXISTING
REAR DECK, THE ADDITION OF A FRONT
DECK AND NEW GAZEBO IN THE REAR
YARD OF A NONCONFORMING PROPERTY
IN THE RESIDENTIAL HIGH DENSITY (RHD-
20) ZONING AREA.
215 Ocean Avenue
PAUL MASONER
RECOMMENDATION: After reviewing the application, staff
recommends that the Planning Commission
adopt Resolution No. 16 -6, APPROVING Minor
Use Permit 15 -17 with Conditions.
GENERAL PLAN DESIGNATION:
ZONE:
SITE DESCRIPTION:
Assessor's Parcel Number:
Lot Area:
Gross Floor Area:
Surrounding Properties:
ENVIRONMENTAL ASSESSMENT:
Minor Use Permit 15 -17
215 Ocean Avenue
RESIDENTIAL HIGH DENSITY
RHD -20 (RESIDENTIAL HIGH DENSITY)
199- 146 -16
5435 sq. ft.
2518 sq. ft.
North: Residential High Density (RHD -20)
South: Residential Low Density (RLD -9)
East: Residential High Density (RHD -20)
West: Residential High Density (RHD -20)
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 an
existing rear deck and addition of a front deck and gazebo on an existing residence 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
February 25, 2016 and mailed to property owners and occupants within a 300' radius of
the subject property on February 25, 2016, with affidavits of publishing and mailing on file.
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Page 2 of 4
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Minor Use Permit 15 -17
215 Ocean Avenue
BACKGROUND:
On June 15, 2015, Minor Use Permit 15 -2 was approved by the Planning Commission
through Resolution 15 -12 for the conversion of an existing second floor storage room into a
new bathroom, the remodel of a master bedroom suite, and the removal of the first floor
dining room walls in a single - family residence on a nonconforming property.
On July 6, 2015 Minor Use Permit 15 -9 was approved by the Planning Commission through
Resolution 15 -14 for 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 the same
property.
ANALYSIS:
Paul Masoner, ( "the applicant ") filed an application for Minor Use Permit 15 -17 requesting
approval to allow the expansion of an existing rear deck, the addition of a front deck and
the addition of a gazebo in the rear yard of 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 RHD -20 zone are required to maintain a street 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 street 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 street
side setback of 6 feet.
The applicant is proposing to extend the existing rear yard deck so it will continue across
the entire width of the residence. The additional deck area, 14 feet by 7 feet, will result in
an increase of 98 square feet to the rear deck. The proposal also includes the addition of
an approximately 108 square foot prefabricated gazebo at the rear of the lot and the
addition of approximately 299 square feet of area that is 15 inches above grade in the front
yard. The proposed decks and new gazebo will result in total lot coverage of 57.9 %, which
is less than the maximum 75% lot coverage that is permitted in the RHD -20 zone.
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. No additional work is
proposed beyond the exterior alterations requested as part of this Minor Use Permit. The
exterior alterations proposed are consistent with accessory structures permitted on single
family residential properties and do not intensify the existing nonconformity on the property
because the accessory structures will maintain all required setbacks. The Seal Beach
Municipal Code permits non - habitable accessory structures such as decks and gazebos in
residential zones.
Page 3 of 4
Minor Use Permit 15 -17
215 Ocean Avenue
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 16 -6 approving MUP 15 -17 to allow
the expansion of an existing rear deck, the additio�gf a front deck and the addition of a
gazebo in the rear yard, on a nonconforming prop rt at 215 Ocean Avenue.
Prepared by:
Steve Fowler 4D�ii' Assistant Planner - Community Development
of Community Development
Attachments:
1. Resolution No. 16 -6 — A Resolution of the Planning Commission of the City of Seal Beach Approving Minor Use
Permit 15 -17 to allow the expansion of an existing rear deck, the addition of a front deck and the addition of a
gazebo in the rear yard, on a nonconforming property at 215 Ocean Avenue.
2. Project architectural plans.
3. Site photo.
Page 4 of 4
RESOLUTION NO. 16 -6
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING MINOR USE
PERMIT 15 -17 TO ALLOW THE EXPANSION OF AN
EXISTING REAR DECK, THE ADDITION OF A FRONT
DECK AND GAZEBO IN THE REAR YARD OF AN
EXISTING RESIDENCE 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. Paul Stephen Masoner ( "the applicant ") submitted an
application to the Community Development Department for Minor Use Permit 15 -17.
The proposed project includes the expansion of an existing rear deck, the addition of a
front deck and the addition of a gazebo in the rear yard of 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 an expansion to an existing rear deck and addition of a front deck and
gazebo on an existing residence where only minor modifications are required for the
renovation.
Section 3. A duly noticed public hearing was held before the Planning
Commission on March 7, 2016 to consider Minor Use Permit 15 -17. 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. 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.
B. 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 because the
detached garage does not maintain the required rear yard setback and the residence
does not maintain the required street side yard setback. The proposed improvements
will not expand any existing nonconformity because no alterations are proposed for the
garage or residence. The proposed decks and gazebo will maintain all setbacks
applicable to residential accessory structures.
C. 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. The proposed decks and new gazebo are considered
Page 1 of 1
Resolution 16 -6
215 Ocean Avenue
residential accessory structures that are consistent with the use and development of
other single family residences throughout the City. These accessory structures are open
and do not add habitable space to the property.
D. The applicant is requesting to modify the existing residence on the
nonconforming property through expansion of an existing rear deck, the addition of a
front deck and the addition of a gazebo in the rear yard. The subject site will have a lot
coverage of 57.9% after the installation of the decks and gazebo which is less than the
75% lot coverage maximum permitted in the RHD -20 zone. 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 alterations.
The proposed expansion of the existing rear yard deck, addition of a front deck, and the
addition of a prefabricated gazebo on a nonconforming property will not expand any
nonconformity and will be consistent with other surrounding properties. The property is
nonconforming because the detached garage does not meet the required rear yard
setback and the residence does not meet the required street side setback. The
proposed work does not affect the garage or the residence itself. The proposed decks
and gazebo are residential accessory structures that will meet setback requirements
applicable to accessory structures.
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
improvement such as the alteration or addition of roofs, decks 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 expansion of an existing rear deck, addition of
a front deck, and the addition of a gazebo in the rear yard, will not add habitable space
and will maintain development standards applicable to the RHD -20 zone. The proposed
decks and gazebo are considered residential accessory structures that are consistent
with the development and use of single family residential properties throughout the City.
The improvements will not increase density or cause a change beyond existing use of
property whereas the accessory structures are located in the front and rear yard which
Page 2 of 4
Resolution 16 -6
215 Ocean Avenue
are maintained for the use of residents living within the residence on the subject
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 addition of a new front deck, extension of an existing rear
deck, and an addition of a gazebo on the rear yard, will not increase bedrooms, or
intensify use on the property. The lot coverage on the subject site will not exceed the
maximum lot coverage permitted in the RHD -20 zone. The proposed decks and gazebo
are residential accessory structures that are consistent with the use of single family
residential properties throughout the City. 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 -17 for expansion of an existing rear deck, the addition of
a front deck and the addition of a gazebo in the rear yard, on a nonconforming property
subject to the following conditions:
1. Minor Use Permit 15 -17 is approved for the expansion of an existing rear deck,
the addition of a front deck and the addition of a gazebo in the rear yard, 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 -17. All new construction shall
comply with all applicable state and local codes.
I 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
Page 3 of 4
Resolution 16 -6
215 Ocean Avenue
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 March 7, 2016, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Jim Basham
Planning Commission Secretary
Esther Cummings
Chairperson
Page 4 of 4
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