HomeMy WebLinkAboutItem 3PLANNING COMMISSION
STAFF REPORT
TO: Planning Commission
ITEM
NUMBER
3
FROM: Director of Community Development
MEETING DATE: OCTOBER 17. 2016
SUBJECT: NEW BUSINESS
REQUEST FOR MINOR USE PERMIT 16 -9 TO
ALLOW THE ADDITION OF A FRONT DECK,
REPLACEMENT OF EXISTING WINDOWS
AND FRONT DOOR, ALONG WITH THE
REMOVAL OF FRONT WINDOWS TO ALLOW
INSTALLATION OF ACCORDIAN STYLE
SLIDING GLASS DOORS ON A
NONCONFORMING PROPERTY IN THE
RESIDENTIAL HIGH DENSITY (RHD -20)
ZONING AREA.
LOCATION: 131 DOLPHIN AVENUE
APPLICANT: KAREN MIKKELSEN
RECOMMENDATION: After reviewing the application, staff
recommends that the Planning Commission
adopt Resolution No. 16 -23, APPROVING Minor
Use Permit 16 -9 with Conditions.
GENERAL PLAN DESIGNATION:
ZONE:
SITE DESCRIPTION:
Assessor's Parcel Number:
Lot Area:
Gross Floor Area:
Surrounding Properties:
ENVIRONMENTAL ASSESSMENT:
Minor Use Permit 16 -9
131 Dolphin Avenue
RESIDENTIAL HIGH DENSITY
RHD -20 (RESIDENTIAL HIGH DENSITY)
199- 082 -36
3,750 sq. ft.
1,923 sq. ft.
North: Residential High Density (RHD -20)
South: Residential High Density (RHD -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 alterations of an
existing residence and addition of a deck, where only minor modifications are required for
the alteration.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on
October 6, 2016 and mailed to property owners and occupants within a 300' radius of the
subject property on October 6, 2016, with affidavits of publishing and mailing on file.
VICINITY MAP:
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Page 2 of 4
Minor Use Permit 16 -9
131 Dolphin Avenue
ANALYSIS:
Karen Mikkelsen, ( "the applicant') filed an application for Minor Use Permit 16 -9 requesting
approval to allow the addition of a front deck, replacement of existing windows and front
door, along with the removal of front windows to allow installation of accordion style sliding
glass doors, on a nonconforming property in the Residential High Density (RHD -20) zoning
area. The subject site is located on the west side of Dolphin Avenue between Ocean
Avenue and Electric Avenue in the Old Town area. The parcel is developed with a one -
story single family residence and a detached one car garage with an attached apartment.
The subject site is surrounded by residential uses on all sides.
The subject property is nonconforming due to side yard setbacks, density and parking.
According to Table 11.2.05.015 of the Seal Beach Municipal Code, interior lot properties in
the RHD -20 zone are required to maintain side yard setbacks that are 10% of the lot width.
The subject property measures approximately 37.5 feet wide by 100 feet long. Based on
these dimensions, the development standard requires a side yard setback of 3 feet 9
inches. The front residence is 3 ft. 6 in. away from the property line while the detached
garage is 1 foot away from the property line.
Table 11.2.05.015 of the Seal Beach Municipal Code states, properties zoned RHD -20 are
allowed one residential unit per every 2,178 sq. ft. of land area. The subject property is a
3,750 sq. ft. interior parcel with two dwelling units on site. Only 1 unit would be allowed on
the subject site based on the current zoning regulations so the property is considered
nonconforming.
Table 11.4.20.015.A.1 of the Seal Beach Municipal Code states, Single -Unit Dwellings in
the RHD -20 zone are required to provide 2 off - street parking spaces per dwelling unit. The
site contains two dwelling units which require 4 enclosed parking spaces; however, the site
only contains one single -car garage which makes the site nonconforming because it is
deficient 3 parking spaces.
The applicant is proposing to replace a bay window at the front of the residence with an
accordion style sliding glass door and replace existing windows and the front door along
with adding a deck to the front yard area.
The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements
which involve the alteration or addition of roofs, balconies and porches to nonconforming
properties. No new bedrooms or habitable space will be created. No additional work is
proposed beyond the exterior alterations requested as part of this Minor Use Permit.
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 16 -23 approving MUP 16 -9 to allow
the addition of a front deck, replacement of existing windows and front door, along with the
removal of front windows to allow installation of sliding glass doors, on a nonconforming
property at 131 Dolphin Avenue.
Page 3 of 4
Minor Use Permit 16 -9
131 Dolphin Avenue
Prepared by:
Steve Fowler i as m
Assistant Planner - Community Development ector of Community Development
Attachments:
1. Resolution No. 16 -23 —A Resolution of the Planning Commission of the City of Seal
Beach Approving Minor Use Permit 16 -9 to allow the addition of a front deck,
replacement of existing windows and front door, along with the removal of front
windows to allow installation of sliding glass doors on a nonconforming property at
131 Dolphin Avenue.
2. Project architectural plans.
3. Site photo.
Page 4 of 4
RESOLUTION NO. 16 -23
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING MINOR USE
PERMIT 16 -9 TO ALLOW THE ADDITION OF A FRONT
DECK, REPLACEMENT OF EXISTING WINDOWS AND
FRONT DOOR, ALONG WITH THE REMOVAL OF FRONT
WINDOWS TO ALLOW INSTALLATION OF SLIDING
GLASS DOORS OF AN EXISTING RESIDENCE ON A
NONCONFORMING PROPERTY IN THE RESIDENTIAL
HIGH DENSITY (RHD -20) ZONING AREA AT 131
DOLPHIN AVENUE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Karen Mikkelsen ('the applicant') submitted an application to
the Community Development Department for Minor Use Permit 16 -9. The proposed
project includes the alteration of an existing front porch /balcony on a nonconforming
property, 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 alterations of an existing residence and addition of a deck, where only
minor modifications are required for the alteration.
Section 3. A duly noticed public hearing was held before the Planning
Commission on October 17, 2016 to consider Minor Use Permit 16 -9. 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 3,750 square feet. The property is approximately 37.5 feet wide by 100
feet deep. The site is surrounded by residential uses on all sides. The subject property
is currently developed with a one -story primary residence and a detached one -car
garage with an attached apartment at the rear.
B. The subject site does not meet current development standards for
setbacks, density and parking, and the subject property is considered nonconforming in
the following particulars. Under Table 11.2.05.015 of the Seal Beach Municipal Code,
properties zoned RHD -20 are allowed one residential unit per every 2,178 sq. ft. of
land area. Because the subject property is 3,750 sq. ft., only one dwelling unit would
be allowed on the subject site, but the property has two dwelling units on site. Based
on the dimensions of the property, the development standard requires a side yard
setback of 3 ft. 9 in., but the front residence is only 3 ft. 6 in. away from the property
line while the detached garage is only one foot away from the property line. Table
11.4.20.015.A.1 of the Seal Beach Municipal Code provides that single -unit dwellings
Page 1 of 4
Resolution 16 -23
131 Dolphin Avenue
in the RHD -20 zone are required to provide two off - street parking spaces per dwelling
unit. The subject site contains two dwelling units which require four enclosed parking
spaces, but the site only contains one single -car garage and is deficient three parking
spaces. The proposed improvements will not expand any existing nonconformity
because the proposed alterations will not reduce any existing setbacks, add any
additional dwelling units or affect the parking on site.
C. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows
minor improvements, exterior doors, the alteration or addition of roofs, balconies, decks
and porches of nonconforming properties.
D. The applicant is requesting to modify the existing primary residence
on the nonconforming property through the addition of a front deck, replacement of
existing windows and front door, along with the removal of front windows to allow
installation of accordion style sliding glass doors. No new bedrooms will be created and
the residence will conform to the provisions of SBMC § 11.4.40.015.B.
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 addition of a front deck, replacement of existing windows and front door,
along with the removal of front windows to allow installation of sliding glass doors, on a
nonconforming 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 RHD -20 zone, an
area where the Seal Beach Municipal Code (Section 11.4.40.015.B) allows minor
improvement such as the alteration or addition of roofs, decks and porches to
nonconforming properties 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 one -story primary residence and a detached one car
garage with an attached apartment and is considered nonconforming due to setbacks,
density, and parking. The alteration of the existing residence and addition of a deck in
the front yard will not add habitable space and will maintain development standards
applicable to the RHD -20 zone. The improvements will not increase density or change
beyond existing use of property.
Page 2 of 4
Resolution 16 -23
131 Dolphin 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 not add habitable space, will not change
existing operating characteristics of the residence, and will remain similar to surrounding
uses throughout RHD -20.
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 alteration of the existing front porch /balcony will not
increase bedrooms, or intensify uses on the property. 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 Minor Use Permit 16 -9 for the addition of a front deck, replacement of existing
windows and front door, along with the removal of front windows to allow installation of
sliding glass doors, on a nonconforming property subject to the following conditions:
1. Minor Use Permit 16 -9 is approved for the addition of a front deck, replacement of
existing windows and front door, along with the removal of front windows to allow
installation of sliding glass doors, on a nonconforming property located at 131
Dolphin Avenue.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Minor Use Permit 16 -9. 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.
4. Applicant is required to adhere to all landscape requirements within the RHD -20
zoning area.
5. 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.
6. All materials, color, wall finishes and roof material must be consistent with existing
material and exterior finishes of the residential dwelling.
7. 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.
Page 3 of 4
Resolution 16 -23
131 Dolphin Avenue
8. 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 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 October 17, 2016, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Jim Basham
Planning Commission Secretary
Esther Cummings
Chairperson
Page 4 of 4
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FLOOR PLAN
Applicant: KAREN
Project Address: 1
8 -8 -16
EX . PLA.NTE�
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MIKKELSEN 131 DOLPHIN AVE. SEAL BEACH, CA 90740
11 DOLPHIN AVE. SEAL BEACH, CA 90740
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