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Home My WebLink AboutPC Res 16-09 - 2016-05-02 RESOLUTION NO. 16-9 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. Page 1 of 4 Resolution 16-9 223 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 16-9 223 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. 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 16-9 223 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 Campbell, Klinger, Machen, Thomas NOES: Commissioners ABSENT: Commissioners Cummings ABSTAIN: Commissioners deb achen Vice-Chairperson A .T: J •P Basham Planning Commission Secretary Page 4 of 4