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HomeMy WebLinkAboutItem 4 .-�OF SEAL eF'a PLANNING COMMISSION ITEM NUMBER • STAFF REPORT . � 4 ,' t• \ C�L/FORN,�P TO: Planning Commission FROM: Director of Community Development MEETING DATE: SEPTEMBER 6, 2016 SUBJECT: PUBLIC HEARING REQUEST FOR A CONDITIONAL USE PERMIT (CUP 16-4) TO ALLOW A ZERO LOT LINE BETWEEN RESIDENCES 26 B AND 27 B WITHIN THE SURFSIDE COLONY IN THE RESIDENTIAL LOW DENSITY(RLD-9)ZONING AREA. LOCATION: 26-B Surfside Avenue & 27-B Surfside Avenue APPLICANT: RICHARD PEARSON RECOMMENDATION: After reviewing the request, staff recommends that the Planning Commission adopt Resolution No. 16-21,APPROVING Conditional Use Permit 16-4 with Conditions. Conditional Use Permit 16-4 26-B Surfside Avenue &27-8 Surfside Avenue GENERAL PLAN DESIGNATION: RESIDENTIAL MEDIUM DENSITY ZONE: RLD-9 (RESIDENTIAL LOW DENSITY) SITE DESCRIPTION: Assessor's Parcel Number: 178-491-51 and 178-491-52 Lot Area: 3,120 sq. ft. Building Area: 2357 sq. ft. (each residence) Surrounding Properties: North: Commercial Visitor (CV) City of Huntington Beach South:Residential Low Density (RLD-9) East: Residential Low Density (RLD-9) West: Residential Low Density (RLD-9) ENVIRONMENTAL ASSESSMENT: This project is determined to be a Class 15 (Minor Land Divisions) Categorical Exemption pursuant to Section 15315 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a zero lot line, involving 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 August 25, 2016 and mailed to property owners and occupants within a 300' radius of the subject property on August 25, 2016, with affidavits of publishing and mailing on file. VICINITY MAP: AERIAL MAP: ( , t, ot Seat Beach ‘1110, 0, e ' TTT4/14 ti y ( i ,rte Tr4 • ION 4 .4 �_..: Page 2 of 4 Conditional Use Permit 16-4 26-8 Surfside Avenue &27-8 Surfside Avenue ANALYSIS: Richard Pearson ("the applicant"), is requesting approval of a Conditional Use Permit to allow a zero lot line between residence 26 B and 27 B within Surfside Colony a Residential Low Density (RLD-9) zoning area. The subject site is a 3,120 sq. ft. parcel located on the Northside of Surfside Avenue, known as "B" Row, within Surfside Colony. The parcel is developed with two three story residences with a two-car garage. The subject site is surrounded by residential uses to the South, East, and West with a commercial use to the North across Pacific Coast Highway. The subject property is currently one parcel that measures 52 feet wide by 60 feet deep and contains two residences. The Seal Beach Municipal Code, Section 11.2.05.015.A.7.c permits zero side yard setbacks within Surfside with approval of a Conditional Use Permit when lots are developed concurrently with units that are of compatible design and provide an equal or greater amount of open space than would be provided by the required conventional setbacks. The subject site was originally developed in 1990 as one parcel with two residences, with both residences having a similar design. Each residence on the property consists of a 1,958 sq. ft. 3-story residence with a 399 sq. ft. two-car attached garage. The applicant is requesting approval of a Conditional Use Permit to allow a zero lot line between residences 26 B and 27 B so that the applicant can subdivide the property into two parcels through a Parcel Map process. If the Planning Commission approves a zero lot line, the applicant will propose a new lot line through the center of the parcel, adjacent to the garage of lot 26-B, to separate lot 26 B and lot 27 B so that each residence and attached garage will be on a separate parcel. Each newly proposed parcel would contain an equal lot area of 1,560 sq. ft. if this Conditional Use Permit(CUP) is approved. The CUP is needed because upon the recordation of the parcel map, the garage of the house on lot 26 B will be located directly on the western property line of lot 26 B. The stairway leading to the balcony above the garage on lot 26-B will be removed to provide a 6 foot side yard setback area on the east side of the garage that is equal to the amount required by conventional setbacks. Upon approval of this CUP and recordation of the parcel map to subdivide the lot, lot 26-B will be a conforming lot and lot 27-B will continue to be legally nonconforming lot as the garage is currently constructed on the west lot line, which will not be altered, and there will continue to be only a 3 ft. side yard setback on the east property line between 27 B and 26 B instead of 6 ft. However, the proposed lots will be in compliance with SBMC Table 11.4.20.015.A.7.e which requires minimum lot dimensions of 25 ft. wide by 60 ft. deep for Row B within Surfside Colony. The Planning Commission has the authority to review and approve the requested zero lot line. If the Planning Commission approves CUP 16-4 to allow a zero lot line between 26 B and 27 B, the Tentative Parcel Map will be heard by the Technical Subdivision Committee. The Surfside Colony Architectural Review Board has reviewed the proposed plans and approved the zero lot line along with the pending proposed subdivision of the existing lot and the removal of the stairs on lot 26-B. Page 3 of 4 Conditional Use Permit 16-4 26-B Surfside Avenue &27-B Surfside Avenue CONCLUSION: After reviewing the request, staff recommends that the Planning Commission adopt the attached Resolution No. 16-21 approving CUP 16-4 to allow a zero lot line for the garage attached to the eastern house on lot 26-B to allow the future creation of two lots, Lot 26 B and Lot 27 B within the Surfside Colony in the Res.,ential Low Density (RLD-9) zoning area at 26-B Surfside Avenue and 27-B Surfside A e e. Prepared by: Steve Fowler Ji BY! am Assistant Planner D. ector of Community Development Attachments: 1. Resolution No. 16-21 —A Resolution of the Planning Commission of the City of Seal Beach, Approving Conditional Use Permit 16-4, allow a zero lot line between residences 26 B and 27 B within Surfside Colony in the Residential Low Density (RLD-9) zoning area. 2. Plans 3. Surfside Architectural Review Committee Approval dated August 9, 2016 Page 4 of 4 ATTACHMENT 1 Resolution No 16-21 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT (CUP 16-4) TO ALLOW A ZERO LOT LINE BETWEEN RESIDENCES 26 B AND 27 B WITHIN THE SURFSIDE COLONY IN THE RESIDENTIAL LOW DENSITY (RLD-9) ZONING AREA RESOLUTION NO. 16-21 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING A CONDITIONAL USE PERMIT (CUP 16-4) TO ALLOW A ZERO LOT LINE BETWEEN RESIDENCES 26 B AND 27 B WITHIN THE SURFSIDE COLONY IN THE RESIDENTIAL LOW DENSITY (RLD-9) ZONING AREA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Richard Pearson ("applicant"), submitted an application to the Community Development Department for Conditional Use Permit 16-4 to allow a zero lot line between residences 26 B and 27 B within the Surfside Colony in the Residential Low Density (RLD-9) zoning area. Section 2. This project is determined to be a Class 15 (Minor Land Divisions) Categorical Exemption pursuant to Section 15315 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a zero lot line, involving negligible or no expansion beyond the existing use. Section 3. A duly noticed public hearing was held before the Planning Commission on September 6, 2016 to further consider Conditional Use Permit 16-4. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The applicant submitted a Conditional Use Permit application to the Community Development Department for approval of Conditional Use Permit (CUP 16- 4) to allow a zero lot line between residence 26 B and 27 B within the Surfside Colony in the Residential Low Density (RLD-9) zoning area. B. The subject property is rectangular in shape with a lot area of approximately 3,120 square feet. The property is approximately 52 feet wide by 60 feet deep. The site is surrounded by residential uses to the South, West and East sides, and a commercial property to the North side across Pacific Coast Highway. C. The site currently contains two three-story residential units and garages similar in size and design. D. Approval of the zero lot line for lot 26-B will allow the applicant to submit a Tentative Parcel Map to subdivide the property into two separate parcels, subject to approval of the Subdivision Technical Review Committee. Page 1 of 4 Resolution No.16-21 26 B Surfside Ave&27 B Surfside Ave 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 zero lot line is 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 lot line creates a lot that is consistent with the other lots along Row B in Surfside Colony and will not change the character of the neighborhood as the subject site is currently developed with two residences and two garages. 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 Colony RLD-9 zone, an area where the Seal Beach Municipal Code Section 11.2.05.015.A.7.c allows zero side yard setback with approval of a Conditional Use Permit. Both residences on the subject site were developed concurrently with units that are of compatible design. Also an equal or greater amount of open space is provided on each lot than would be provided by the required conventional setbacks. The subject site is currently developed with similar style 1,958 sq. ft. 3-story residences with 399 sq. ft. two-car garages constructed between 1990 and 1991. Approval of the zero lot line will allow the applicant to submit a Tentative Parcel to subdivide the property into two parcels, each 1,560 sq. ft. in size. Lot 26-B will be a conforming lot and Lot 27-B will continue to be a nonconforming lot as the garage is currently constructed on the west lot line which will not be altered, and there will continue to be a 3 ft. side yard setback instead of a 6 ft. setback between lot 27 B and lot 26 B. The stairway leading to the balcony above the garage on 26-B will be removed to provide the a 6 foot side yard setback area that is equal to the amount required by conventional setbacks. 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 two three-story single family residences. The proposed zero lot line 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. 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 zero lot line will not increase bedrooms or Page 2 of 4 Resolution No.16-21 26 B Surfside Ave&27 B Surfside Ave habitable space to the residence. The subject site will continue to operate as residential properties, which is consistent with the uses in the surrounding neighborhood. Section 5. Based on the foregoing, the Planning Commission hereby approves Conditional Use Permit 16-4 to allow a zero lot line between residences 26 B and 27 B within the Surfside Colony in the Residential Low Density (RLD-9) zoning area, subject to the following conditions: 1. Conditional Use Permit 16-4 is approved to allow a zero lot line between residences 26B and 27 B within the Surfside Colony in the Residential Low Density (RLD-9) zoning area. 2. Any Parcel Map shall require easements or covenants between the two future parcels to ensure continued ability to maintain the garage located on the property line between the two parcels. 3. Building permits shall be obtained for all construction requiring such permits. 4. All conditions of this approval shall be complied with prior to issuance of Planning Division's final approval for building permits. 5. All construction shall be in substantial compliance with the plans approved through Conditional Use Permit 16-4 date-stamped August 11, 2016. All new construction shall comply with all applicable sections of the City's Zoning Code. 6. This Conditional 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. All repairs or patches to the existing residential façade must be completed using colors, materials, and finishes that match the existing residential exterior. 8. Applicant is required to provide approval from the California Coastal Commission prior to submittal of plans for Building and Safety plan check. No building permit shall be issued unless the Applicant has provided a copy of the California Coastal Commission approval for the project to the City. 9. 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 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. Page 3 of 4 Resolution No.16-21 26 B Surfside Ave&27 B Surfside Ave 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 September 6, 2016 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Esther Cummings ATTEST: Chairperson Jim Basham Planning Commission Secretary Page 4 of 4 Ai It A . .§. -zgl . ,,,, ‘ .s,,5,,_ liet1115 7 M i ,o PijIjilhi i. ' 1! 11.1 IPA ili g 1 I 1 I ;i's ! i . ! :,i hiiP1Off L t q 5 11 ! iii ,.11-4141 iii- I g i i 1 i Ili ! 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SSS )O3 9c• `W Z A L �a 1 �o m 11e a. 1 ('6, �6 4 d7S Cl— sr. .� 1 3 { O � W, . o 6, s .g' of m �s..«X 'it 'OO ac` J ..?,,s,6.o I s I a ,,� y 9 s y !1 yyzzii p 1 �i`h ihhildrkkium 0041 l,��ldlzE�°Il lii ill�i • V • ��' I I I II 1 I I li lii eY1ui7!lletisayleliulle••YeE ATTACHMENT 3 Surfside Architectural Review Committee Approval dated August 9, 2016 4 • ' �� , 1 Se&earide Fo4w, Ytd .. i - ) .., P. O. BOX 235 • SURFSIDE, CALIFORNIA 90743 V:, 4,.. OFFICE (562) 592-2352 • FAX (562) 592-2687 It www.surfsidecolony.org • surfsidecolony @verizon.net t 1 _-•‘,. - qa go , ,{ r3 is, August 9, 2016 City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Attn: Steve Fowler Re: TPM 2013-161,Surfside B26/B27 Dear Mr. Fowler, I have reviewed the above referenced Tentative Parcel Map and approve the subdivision from one 52 foot lot to two 26 feet lots. Also, I approve the removal of the stairs on B26, Parcel 2 as shown on TPM 2013-161. Sincerely, Surfside Colony Board of Directors By: i ■ $r6uK.O David Evans, President