HomeMy WebLinkAboutItem 3PLANNING COMMISSION
STAFF REPORT
TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: MAY 2, 2016
SUBJECT: NEW BUSINESS
ITEM
NUMBER
3
REQUEST FOR A MINOR USE PERMIT (MUP 16 -2) TO
ALLOW THE REPLACEMENT OF A 6' -0" TALL FENCE
WITHIN THE FRONT YARD SETBACK OF AN EXISTING
PRESCHOOL FACILITY IN THE LIMITED
COMMERCIAURESIDENTIAL MEDIUM DENSITY
(LC /RMD) ZONING AREA
LOCATION: 223 SEAL BEACH BOULEVARD
APPLICANT: Mathieu Zaky
RECOMMENDATION: After conducting the Public Meeting, staff recommends that
the Planning Commission adopt Resolution No. 16 -7,
APPROVING Minor Use Permit 16 -2 with Conditions.
Minor Use Permit 16 -2
223 Seal Beach Boulevard
GENERAL PLAN DESIGNATION: LIMITED COMMERCIAL /RESIDENTIAL
MEDIUM DENSITY
ZONE: LC /RMD (LIMITED
COMMERCIAL /RESIDENTIAL MEDIUM
DENSITY)
SITE DESCRIPTION:
Assessor's Parcel Number:
Lot Area:
Gross Floor Area:
Surrounding Properties:
ENVIRONMENTAL ASSESSMENT:
199 - 062 -08
5,338 sq. ft.
2400 sq. ft.
North: Limited Commercial /Residential Medium
Density (LC /RMD)
South: Limited Commercial /Residential Medium
Density (LC /RMD)
East: Military (MIL)
West: Residential High Density (RLD -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 allowance of a fence within the
front yard setback 6' -0" tall at an existing site where modifications are required for the
renovation.
LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach
Sun Newspaper on April 21, 2016 and mailed to property owners and occupants within a
300' radius of the subject property on April 21, 2016, with affidavits of publishing and
mailing on file.
LTMaINti& T,F.1.
Paoe 2 of 4
Minor Use Permit 16 -2
223 Seal Beach Boulevard
ANALYSIS:
Mathiou Zaky, ( "the applicant ") filed an application for Minor Use Permit 16 -2 requesting
approval for the replacement of a 6' -0" tall fence within the front yard setback where the
maximum height allowed is 3' -6" at a preschool and residence on a nonconforming
property. The subject site is located on the west side of Seal Beach Boulevard between
Pacific Coast Highway and Electric Avenue in the Old Town area. The parcel is developed
with a two -story building that contains a single family residence on the second floor and a
preschool and 3 -car garage on the first floor. The subject site is located in the LC /RMD
zone. The site is surrounded by residential uses on the north and west with a commercial
office use to the south and the military base to the east.
The subject property is nonconforming due to parking. According to Table 11.4.20.015.A.1
of the Seal Beach Municipal Code states, Single -Unit Dwellings in the RHD -20 zone are
required to provide 2 off - street parking spaces per dwelling unit and a preschool is required
to provide 1 space per employee with a minimum of 3 parking spaces. The site contains
one dwelling unit and a preschool with 3 employees, requiring 2 enclosed parking spaces
and 3 additional parking spaces for the employees. The site only contains three enclosed
parking spaces which makes the site deficient 2 parking spaces.
Seal Beach Municipal Code Section 11.4.05.045.A requires child day care facilities to
obtain approval of a Conditional Use Permit. The preschool use was established on the
property prior to this code requirement and has continuously remained in operation. The
Municipal Code permits existing nonconformities to remain as long as they are not altered
or expanded beyond their existing use. The applicant's request does not include changing
the existing operations or any other alteration that would impact the existing preschool use.
The applicant is proposing to replace an existing wood fence along the front and side
property line. A portion of the fence is within the front yard setback which allows fences to
be installed at a maximum height of 3 ft. 6in. The applicant operates a preschool on the
property and is required to have a fence at a minimum of 4' -0" in height to meet state law
under Title 22, Division 12 Article 7 of the California Code of Regulations Section
101238.2(g) which governs preschools/ daycare facilities in California. The statute states
the playground shall be enclosed by a fence of at least 4 ft. in height to protect children and
to keep them in the outdoor activity area. For added security the applicant is requesting the
fence be 6 feet tall as it is currently. The fence is at the minimum setback of 3 feet and is
not located adjacent to any driveways so it will not impact vehicle visibility.
The Seal Beach Municipal Code (SBMC § 11.4.15.010.C) allows modifications to fence
height standards with approval of a minor use permit. The approval requires that the design
and location of the fence not cause a safety hazard, be architecturally compatible with the
surrounding neighborhood and that it not dominate the site or overwhelm the surrounding
properties. The fence is proposed to construct of vinyl which is safer for the children as to
not get splinters and the vinyl is less maintenance than wood fence that is currently on site.
The vinyl fence maintains a residence feel to the area that compliments the commercial
uses that also exist in the area. The height and location of the fence are standard sizes for
the proposed use application.
Pace 3 of 4
Minor Use Permit 16 -2
223 Seal Beach Boulevard
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 16 -7 approving MUP 16 -2 to permit
the replacement of a 6' -0" tall fence within the ont yard setback a preschool and
residence on a nonconforming property at 223 S al ach Boulevard.
Prepared by: pn
Steve Fowler as
Community Development Department rector of Community Development
Attachments:
1. Resolution No. 16 -7 —A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use
Permit 16 -2, to permit the replacement of a 6' -0" tall fence within the front yard setback at a preschool and
residence on a nonconforming property in the Limited Commercial /Residential Medium Density (LC /RMD).
2. Project architectural plans. '
3. Site photo.
Pace 4 of 4
RESOLUTION NO. 16 -7
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 16 -3
TO ALLOW THE REPLACEMENT OF A 6' -0" TALL FENCE
WITHIN THE FRONT YARD SETBACK ON AN EXISTING
PRESCHOOL FACILITY LOCATED IN THE LIMITED
COMMERCIAL /RESIDENTIAL MEDIUM DENSITY (LC /RMD)
ZONING AREA AT 223 SEAL BEACH BOULEVARD.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Mathieu Zaky ( "the applicants ") submitted an application to the
Community Development Department for Minor Use Permit 16 -2. The proposed project
includes the replacement of a 6' -0" tall fence within the front yard setback where the
maximum height allowed is 3' -6" at a preschool and residence on a property that is
nonconforming due to parking located in the Limited Commercial /Residential Medium Density
(LC /RMD) 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 allowance
of a fence within the front yard setback 6' -0" tall at an existing site where modifications are
required for the renovation.
Section 3. A duly noticed public meeting was held before the Planning
Commission on May 2, 2016 to consider Minor Use Permit 16 -2. 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 applicant submitted an application to the Community Development
Department for Minor Use Permit 16 -2 for a proposed project at 223 Seal Beach Boulevard,
Seal Beach, California.
B. The subject property is rectangular in shape with a lot area of
approximately 5,338 square feet. The property is approximately 50 feet wide by 106.76 feet
deep. The site is surrounded by residential uses on the north and west with a commercial
office use to the south and the military base to the east.
C. The subject property is currently developed with a two -story building that
contains a single family residence on the second floor and a preschool and 3 -car garage on
the first floor. Based on the existing parking conditions, the subject property is considered
nonconforming. The proposed improvements will not expand any existing nonconformity.
D. The Seal Beach Municipal Code (SBMC § 11.4.15.010.C) allows
modifications to fence height standards provided all required findings are met.
Pagel of 4
Resolution 16 -7
223 Seal Beach Boulevard
E. The applicant is requesting to replace an existing 6' -0" tall wood fence
within the front yard setback with a new 6' -0" tall vinyl fence within the front yard setback
where the maximum height allowed is 3' -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
replacement of the wood fence will not change the character of the 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 LC /RMD zone, an area
where the Seal Beach Municipal Code (Section 11.4.15.010.C) allows modifications to fence
height standards 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 a two -story building that contains a single family residence on the second
floor and a preschool and 3 -car garage on the first floor and is considered nonconforming due
to parking. The replacement of the wood with a vinyl fence will not add habitable space and
will maintain development standards applicable to the LC /RMD zone. The improvement 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 LC /RMD
zone, which consists of properties developed as commercial uses, single family, and multi-
family residences. The improvement will not add habitable space, will not change existing
operating characteristics of the preschool or single family residence, and will remain similar to
surrounding uses throughout LC /RMD.
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 replacement of the fence will keep in character with the surrounding properties
and will not increase square footage of the structures on site, or intensify use on the property.
The subject site will continue to operate as a commercial and residential property, which is
consistent with the uses in the surrounding neighborhood.
F. The fence will be compatible with the design, appearance, and physical
characteristics of the site and other existing structures in the surrounding neighborhood as
Page 2 of 4
Resolution 16 -7
223 Seal Beach Boulevard
this style of fence is commonly used in residential neighborhoods and is similar in design to
the existing wood fence.
G. The height, orientation, and location of the fence is in proper relation to
the physical characteristics of the site and surrounding properties as it is set back 3' -0" from
the property line and is in line with the two -story building that is also located on the site. The
fence has been in its present location for several years with no issues.
H. The fence will be a planned architectural feature and would not dominate
the site or overwhelm surrounding properties, structures, or passersby as the 3' -0" wide
landscape planter in front of the fence will be maintained to establish a softening effect to the
fence and its height.
I. The fence will be of sound construction and located so as not to cause a
safety hazard. The construction of the fence will all regulations that pertain to the installation
of a 6-0" vinyl fence and the location of the fence does not obstruct vision for any driveways
or obstruct any visibility triangles that could be dangerous for vehicle and pedestrian traffic.
Section 5. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 16 -2 for replacement of a 6' -0" tall fence within the front yard
setback where the maximum height allowed is 3' -6" at a preschool and residence is subject to
the following conditions:
1. Minor Use Permit 16 -3 is approved for the replacement of a 6' -0" tall fence within the
front yard setback where the maximum height allowed is 3' -6" at a preschool and
residence on a nonconforming property located at 223 Seal Beach Boulevard.
2. All plan check and future construction shall be in substantial compliance with the plans
approved through Minor Use Permit 16 -2. 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.
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
Page 3 of 4
Resolution 16 -7
223 Seal Beach Boulevard
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 May 2, 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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Seal Beach Blvd.
City of Seal Beach
Received
MAR 0 4 2016
Community Development
Department
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