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HomeMy WebLinkAboutPC Res 16-16 - 2016-07-18RESOLUTION 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 K Plarllning Commission Secretary Esther Cummings Chairperson Page 4 of 4