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HomeMy WebLinkAboutPC Res 16-06 - 2016-03-07RESOLUTION 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.B) 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 4 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. 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 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 1 Basham fining Commission Secretary Esther Cumrnings Chairperson Page 4 of 4