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FROM:
MEETING DATE:
SUBJECT:
LOCATION:
APPLICANT:
PLANNING COMMISSION
STAFF REPORT
ITEM
NUMBER
H
Planning Commission
Director of Community Development
JULY 18, 2016
PUBLIC HEARING
REQUEST FOR CONDITIONAL USE PERMIT
16 -3 TO ALLOW AN ADDITION TO AN
EXISTING KITCHEN AND A NEW PATIO
COVER OVER AN EXISTING SECOND FLOOR
DECK IN A SINGLE FAMILY RESIDENCE
WHICH IS NONCONFORMING DUE TO
SETBACKS IN THE RESIDENTIAL HIGH
DENSITY (RHD -20) ZONING AREA.
1502 Ocean Avenue
RON WIKSTROM
RECOMMENDATION: After reviewing the application, staff
recommends that the Planning Commission
adopt Resolution No. 16 -16, APPROVING
Conditional Use Permit 16 -3 with Conditions.
GENERAL PLAN DESIGNATION:
ZONE:
SITE DESCRIPTION:
Assessor's Parcel Number:
Lot Area:
Gross Floor Area:
Surrounding Properties:
ENVIRONMENTAL ASSESSMENT:
Conditional Use Permit 16 -3
1502 Ocean Avenue
RESIDENTIAL HIGH DENSITY
RHD -20 (RESIDENTIAL HIGH DENSITY)
199- 093 -01
2,500 sq. ft.
2,444 sq. ft.
North: Residential High Density (RHD -20)
South: Residential High Density (RLD -20)
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 an addition to an
existing kitchen and addition of a patio cover over an existing deck, 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 July
7, 2016 and mailed to property owners and occupants within a 300' radius of the subject
property on July 7, 2016, with affidavits of publishing and mailing on file.
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Page 2 of 4
Conditional Use Permit 16 -3
1502 Ocean Avenue
ANALYSIS:
Ron Wikstrom on behalf of Christine & Paul Finie, ( "the applicant') filed an application for
Conditional Use Permit 16 -3 requesting approval to allow an addition to an existing kitchen
and a new patio cover over an existing second floor deck in a single family residence which
is nonconforming due to setbacks in the Residential High Density (RHD -20) zoning area.
The subject site is located on the southeast corner of Ocean Avenue and Dolphin Avenue
in the Old Town area. The parcel is developed with a two story single family residence and
an attached 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 street side yard setbacks. Table
11.2.05.015 of the Seal Beach Municipal Code, requires corner lot properties in the RHD -
20 zone to maintain a street side yard setback that is 15% of the lot width. The subject
property measures approximately 25 feet wide by 100 feet in depth. Based on these
dimensions, the development standard requires a street side setback of 3 feet 9 inches.
The residence and garage have a street side setback of 3 feet.
The applicant is proposing to add 130 square feet of habitable space to the existing kitchen
and constructing a 218 square foot roof over an existing second story deck at the rear of
the residence; the deck will remain open on the sides and rear. The proposed addition and
patio cover will not result in additional lot coverage as the areas of construction are already
covered by existing structures. The existing lot coverage is 61.3 %, which is less than the
maximum 75% lot coverage that is permitted in the RHD -20 zone.
The Seal Beach Municipal Code (SBMC § 11.4.40.020) allows minor improvements which
involve the alteration or addition to residences that are nonconforming due to setbacks
subject to the granting of a Conditional Use Permit. The proposed addition will enlarge the
kitchen area but no new bedrooms are proposed. The addition will not intensify the
nonconforming setback. The applicant is also proposing to cover a second story deck as
part of this Conditional 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 structure will maintain all
required setbacks. The Seal Beach Municipal Code permits non - habitable accessory
structures such as decks and gazebos in residential zones.
The subject site and the proposed additions are consistent with SBMC § 11.4.40.020, with
the exception of one existing structure. The property currently has a lattice patio that was
constructed over the east property line extending from the neighboring property. The
structure serves as a front porch for the neighboring property at 1504 Ocean Avenue.
There are no building records to show this structure was permitted at any time and it does
not meet the development standards of the Seal Beach Municipal Code. Condition No. 3
has been included in Resolution No. 16 -16 to require that the lattice structure be removed
prior to issuance of a building permit for the addition. Both property owners have verbally
agreed to this condition.
Page 3 of 4
Conditional Use Permit 16 -3
1502 Ocean Avenue
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 16 -16 approving CUP 16 -3 to allow
an addition to an existing kitchen and new patio cover over an existing rear second story
deck on a nonconforming property at 1502 Ocean Ap4�nue.
Prepared by:
Steve Fowler
Assistant Planner - Community Development
of Community Development
Attachments:
1. Resolution No. 16-16— A Resolution of the Planning Commission of the City of Seal Beach
Approving Conditional Use Permit 16 -3 to allow an addition to an existing kitchen and new
patio cover over an existing rear second story deck on a nonconforming property at 1502
Ocean Avenue.
2. Project architectural plans.
3. Site photo.
Page 4 of 4
RESOLUTION NO. 16 -16
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 16 -3 TO ALLOW AN ADDITION TO AN
EXISTING KITCHEN AND A NEW PATIO COVER OVER
AN EXISTING SECOND FLOOR DECK IN A SINGLE
FAMILY RESIDENCE WHICH IS NONCONFORMING DUE
TO SETBACKS IN THE RESIDENTIAL HIGH DENSITY
(RHD -20) ZONING AREA.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Ron Wikstrom on behalf of Christine & Paul Finie ( "the
applicant') submitted an application to the Community Development Department for
Conditional Use Permit 16 -3. The proposed project includes an addition to an existing
kitchen and a new patio cover over an existing second floor deck in a single family
residence which is nonconforming due to setbacks 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 addition to an existing kitchen and addition of a patio cover over an
existing deck, where only minor modifications are required for the renovation.
Section 3. A duly noticed public hearing was held before the Planning
Commission on July 18, 2016 to consider Conditional Use Permit 16 -3. 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 2,500 square feet. The property is approximately 25 feet wide by 100 feet
deep. The site is surrounded by residential uses on all sides except for the market
across Dolphin Avenue to the west.
B. The subject property is currently developed with a two story single
family residence and attached two car garage at the rear. Based on the existing
setback conditions, the subject property is considered nonconforming because the
residence and garage does not maintain the required street side yard setback. The
proposed improvements will not expand any existing nonconformity. The proposed
addition and patio cover will maintain all current setbacks.
C. The Seal Beach Municipal Code (SBMC § 11.4.40.020) allows
minor improvements, which involve the alteration or addition to residences that are
nonconforming due to setbacks. The addition is to enlarge the kitchen area and no new
bedrooms are proposed. The addition will not intensify the nonconforming setback. The
Page 1 of 4
Resolution 16 -16
1502 Ocean Avenue
applicant is also proposing to cover a second story deck as part of this Conditional Use
Permit that is consistent with the use and development of other single family residences
throughout the City.
D. The applicant is requesting to modify the existing residence on the
nonconforming property through the addition of an existing residence to expand the
existing kitchen and add a new patio cover over the existing second story deck at the
rear of the property. The lot coverage of 61.3% will not be increased, since all areas of
construction will occur over an existing footprint and the site 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 § 11.4.40.020.
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 additions 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
property is nonconforming because the residence and attached garage do not meet the
required street side setback. The proposed addition to the residence will allow for the
expansion of the existing kitchen and the addition of a new patio cover over an existing
deck at the rear of the residence 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 Conditional 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 11.4.40.020) allows additions and
minor improvement such as the alteration or addition of roofs, decks and porches to
nonconforming properties with approval of a Conditional 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 street side setbacks only. The addition to the residence for the
expansion of an existing kitchen and the addition of a new patio cover over an existing
second story rear deck will not add bedrooms and will maintain development standards
applicable to the RHD -20 zone. The proposed patio cover is considered a residential
accessory structure that is 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.
Page 2 of 4
Resolution 16 -16
1502 Ocean Avenue
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 add 130 square feet of habitable space,
will not change existing operating characteristics of the single family residence, and will
remain similar to surrounding uses throughout the RHD -20 zone.
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 to the existing first floor of the residence to expand
the existing kitchen and the addition of the new patio cover over the existing second
story deck, 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 patio cover is a residential accessory structure that is
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 Conditional Use Permit 16 -3 for an addition to an existing kitchen and a new
patio cover over an existing second floor deck in a single family residence which is a
nonconforming property subject to the following conditions:
1. Conditional Use Permit 16 -3 is approved for an addition to an existing kitchen
and a new patio cover over an existing second floor deck in a single family
residence which is nonconforming due to street side setbacks located at 1502
Ocean Avenue.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Conditional Use Permit 16 -3. All new construction shall
comply with all applicable state and local codes.
3. Applicant shall remove the illegal lattice patio structure located on the east side
of the residence prior to issuance of a building permit. No lattice patio structure of
any kind shall be placed on the subject property, or over the east property line
extending from the subject property to the neighboring property at 1504 Ocean
Avenue. No other structure of any kind shall be placed or constructed onto the
subject property so as to provide any kind of a front porch for the neighboring
property at 1504 Ocean Avenue.
4. The applicant is required to obtain all Building and Safety permits prior to
construction or demolition.
5. All materials, color, wall finishes and roof material must be consistent with
existing material and exterior finishes of the residential dwelling.
Page 3 of 4
Resolution 16 -16
1502 Ocean Avenue
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, and by signing the Acceptance of Conditions agrees to,
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 Conditional 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 July 18, 2016, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Esther Cummings
Chairperson
ATTEST:
Jim Basham
Planning Commission Secretary
Page 4 of 4
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