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HomeMy WebLinkAboutItem 2PLANNING COMMISSION STAFF REPORT TO: Planning Commission ITEM NUMBER FROM: Director of Community Development MEETING DATE: JUNE 6, 2016 SUBJECT: NEW BUSINESS 2 REQUEST FOR A MINOR USE PERMIT (MUP 16- 4) TO ALLOW THE EXTENSION OF AN EXISTING DECK AND THE CONSTRUCTION OF A SECOND FLOOR BALCONY ON A SINGLE FAMILY RESIDENCE THAT IS NONCONFORMING DUE TOTHE FRONTYARD SETBACKAND PARKING AT 25 -A SURFSIDE AVENUE. LOCATION: 25 -A Surfside Avenue APPLICANT: JOSE OCHOA RECOMMENDATION: After reviewing the request, staff recommends that the Planning Commission adopt Resolution No. 16- 10, APPROVING Minor Use Permit 16 -4 with Conditions. Minor Use Permit 16 -4 25 -A Surfside GENERAL PLAN DESIGNATION ZONE: SITE DESCRIPTION: Assessor's Parcel Number: Lot Area: Building Area: Surrounding Properties: ENVIRONMENTAL ASSESSMENT: RESIDENTIAL MEDIUM DENSITY RLD -9 (RESIDENTIAL LOW DENSITY) 178- 491 -28 1274 sq. ft. 1624 sq. ft. North: Residential Low Density (RLD -9) South: Beach East: Residential Low Density (RLD -9) West: Residential Low Density (RLD -9) 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.) to allow for the extension of an existing deck and the construction of a second floor balcony on an existing non - conforming residence, which has negligible or no expansion beyond the existing use. LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on May 26, 2016 and mailed to property owners and occupants within a 300' radius of the subject property on May 26, 2016, with affidavits of publishing and mailing on file. VICINITY MAP: C` iy,, o f S I Benc h YI I a Page 2 of 3 Minor Use Permit 16 -4 25 -A Surfside ANALYSIS: Jose Ochoa ( "the applicant") on behalf of Jason Smallwood, the property owner, filed a Minor Use Permit application with the Community Development Department requesting approval to allow the extension of an existing deck and the construction of a second floor balcony on a single family residence that is nonconforming due to the front yard setback and parking in the Residential Low Density (RLD -9) zoning area. The subject site is a 1,274 sq. ft. parcel located on the southside of Surfside Avenue, known as "A" Row, within Surfside Colony. The parcel is developed with a two story residence and single car garage. The subject site is surrounded by residential uses to the North, East, and West with a beach to the South. The subject property is nonconforming due to the front yard setback and parking. According to Table 11.2.05.015.A.1 of the Seal Beach Municipal Code, front yard setbacks in Surfside on properties located along "A" Row are required to maintain a 4 foot front yard setback. The current setback is approximately 1 foot at its closest point. Table 11.4.20.015.A.1 of the Seal Beach Municipal Code states, Single -Unit Dwellings in the RLD -9 zone are required to provide 2 off - street parking spaces per dwelling unit. The site is developed with one dwelling unit and a single -car garage which makes the site deficient 1 parking space. The applicant proposes to add a 191 square foot second floor balcony and a 14 square foot extension to the first floor deck on the south side of the existing two -story single family residence. The proposed materials will complement the existing exterior finishes which are comprised of shack wood siding, vertical siding and stucco. The balcony will have a glass rail with brushed steel railing and acrylic cladding covering the balcony support posts. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements to nonconforming single family residences which include the addition of unenclosed balconies and decks. The applicant proposes to add a second floor balcony and extend the existing first floor deck. The proposed improvements to the residence will conform to the provisions of SBMC § 11.4.40.015.B. CONCLUSION: After reviewing the request, staff recommends that the Planning Commission adopt the attached Resolution No. 16 -10 approving MUP 1 -4 allow the extension of an existing deck and the construction of a second floor 'a' on on a single family residence that is nonconforming due to the front yard setback nd arking in t e Residential Low Density (RLD -9) zoning area at 25 -A Surfside Avenue. I Prepared by: Steve Fowler " Assistant Planner Basham ,tor of Community Development Attachments: 1. Resolution No. 16 -10 — A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 16 -4, allow the extension of an existing deck and the construction of a second floor balcony on a single family residence that is nonconforming due to the front yard setback and parking at 25 A Surfside Avenue. 2. Project architectural plans Page 3 of 3 RESOLUTION NO. 16 -10 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING A MINOR USE PERMIT (MUP 16-4) TO ALLOW THE EXTENSION OF AN EXISTING DECK AND THE CONSTRUCTION OF A SECOND FLOOR BALCONY ON A SINGLE FAMILY RESIDENCE THAT IS NONCONFORMING DUE TO THE FRONT YARD SETBACKS AND PARKING AT 25- A SURFSIDE AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Section 1. Jose Ochoa, on behalf of property owner Jason Smallwood (collectively "applicant'), submitted an application to the Community Development Department for Minor Use Permit 16 -4 to allow the extension of an existing deck and the construction of a second floor balcony on a single family residence that is nonconforming due to the front yard setbacks and parking at 25 -A Surfside Avenue (the "subject property "), which is located in the Residential Low Density (RLD -9) zone. 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.) to allow for the extension of an existing deck and the construction of a second floor balcony on an existing non - conforming residence, which has negligible or no expansion beyond the existing use. Section 3. A duly noticed public hearing was held before the Planning Commission on June 6, 2016 to consider Minor Use Permit 16-4. 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 a minor use permit application to the Community Development Department for approval of Minor Use Permit (MUP 16 -4) to allow the extension of an existing deck and the construction of a second floor balcony on a single family residence that is nonconforming. B. The subject property is rectangular in shape with a lot area of approximately 1,274 square feet. The property is approximately 26 feet wide by 49 feet 4 inches deep. The site is surrounded by residential uses to the North, West and East sides, the beach is on the South side. C. The proposed balcony will be architecturally compatible with the existing dwelling. 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 structural alterations are consistent with the General Plan. The General Plan specifies that redevelopment in Surfside Colony is to be compatible with the physical characteristics of its site, surrounding land uses, and available infrastructure. The proposed balcony and deck extension will not change the character of the residence and -1 of 3- Resolution No. 16 -10 Minor Use Permit 16 -4 25 A Surfside Ave will be consistent with other properties that have existing balconies on the beach side of the structures. B. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the Municipal Code. The subject site is located within the Surfside RLD -9 zone, an area where the Seal Beach Municipal Code Section 11.4.40.015.B allows for minor improvements with approval of a Minor Use Permit, including construction of a balcony and deck extension. Decks and balconies considered to be accessory residential uses that are consistent with single family development in the RLD -9 zone, particularly in Surfside Colony. 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 single family residence. The proposed balcony and deck extension will not add habitable space and will remain within development standards within the Surfside RLD -9 zone. 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 Surfside RLD -9 zone, which consists of properties developed as single family residences. Balconies and decks are common non - habitable architectural features associated in this zoning district. The property will continue to be used as a single family residence which is consistent with the surrounding area. 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 proposed balcony and deck extension will not increase bedrooms or habitable space to the residence. The subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. F. The proposed non - habitable architectural feature, as conditioned, is architecturally consistent with the existing residence; the proposed glass railing for the balcony is architecturally compatible with the residence's existing exterior. The applicant will use the same finishes and materials used for the existing exterior to patch any areas damaged during construction. Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 16 -4 to allow the extension of an existing deck and the construction of a second floor balcony on a single family residence that is nonconforming due to the front yard setback and parking at 25 -A Surfside Avenue, subject to the following conditions: 1. Minor Use Permit 16 -4 is approved for the construction of a non - habitable architectural feature for the extension of an existing deck and the construction of a second floor balcony on a single family residence that is nonconforming due to the front yard setbacks and parking at 25 -A Surfside Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Minor Use Permit 16 -4 date - stamped April 18, 2016. All new construction shall comply with all applicable sections of the City's Zoning Code. 3. Building permits shall be obtained for all new construction requiring such permits -2 of 3- Resolution No. 16 -10 Minor Use Permit 16 -4 25 A Surfside Ave 4. The area of the deck extension and the second floor balcony, upon completion, shall not be used as habitable space for the residence. 5. 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. 6. All repairs or patches to the existing residential fagade must be completed using colors, materials, and finishes that match the existing residential exterior. 7. All conditions of this approval shall be complied with prior to issuance of Planning Division's final approval for building permits. 8. Applicant is required to provide approval from the California Coastal Commission i prior to submittal of plans for Building and Safety plan check. 9. Applicant is required to provide approval from the Surfside Colony Architectural Review Committee prior to submittal of plans for Building and Safety plan check. 10. The applicant/property owner must indemnify, defend, and hold harmless City, its officers, agents, and employees (collectively "the City" hereinafter in this paragraph) 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 Planning Commission of the City of Seal Beach at a meeting thereof held on June 6, 2016 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Jim Basham Planning Commission Secretary -3 of 3- Esther Cummings Chairperson 9 _ z� ivw.AV �'F3JU Zx'. 3INLi '[Lib'd $3 3NLLSffiHD $ i (� n �L f T zg .P N,il 1 Niob !I o �I Raj i, -9 j C oa i - Cx HINIA IfIva V RNLLmHo Al 7�-'s I 'lip - F I 4-A 10 -14 i2 ji T U 7141 p FIT77 d 'a 2INUSI'dHO al�aq vi .41 m 01 Ell IL