HomeMy WebLinkAboutItem 4TO:
FROM:
MEETING DATE:
SUBJECT:
LOCATION:
APPLICANT:
PLANNING COMMISSION
STAFF REPORT
ITEM
NUMBER
4
Planning Commission
Director of Community Development
OCTOBER 17, 2016
NEW BUSINESS
REQUEST FOR MINOR USE PERMIT 16 -10 TO
ALLOW THE ALTERATION OF AN EXISTING
FRONT PORCH /BALCONY ON A
NONCONFORMING PROPERTY IN THE
RESIDENTIAL HIGH DENSITY (RHD -20)
ZONING AREA.
239 15TH STREET
JOSEPH MACHUL
RECOMMENDATION: After reviewing the application, staff
recommends that the Planning Commission
adopt Resolution No. 16 -24, APPROVING Minor
Use Permit 16 -10 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 -10
239 15TH Street
RESIDENTIAL HIGH DENSITY
RHD -20 (RESIDENTIAL HIGH DENSITY)
043 - 132 -02
3,750 sq. ft.
2,184 sq. ft.
North: Residential High Density (RHD -20)
South: Residential Low Density (RLD -9)
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 porch and balcony of an existing residence, 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.
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Page 2 of 3
Minor Use Permit 16 -10
239 15' Street
ANALYSIS:
Joseph MacHul, on behalf of the owner Beverly Terry ( "the applicant') filed an application
for Minor Use Permit 16 -10 requesting approval to allow the alteration of an existing front
porch /balcony, on a nonconforming property in the Residential High Density (RHD -20)
zoning area. The subject site is located on the east side of 15th Street between Landing
Avenue and Electric Avenue in the Old Town area. The parcel is developed with a two
story single family residence and a detached two car garage. The subject site is
surrounded by residential uses on all sides.
The subject property is nonconforming due to side yard setbacks. 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
detached garage is constructed on the property line.
The applicant is proposing to reduce the width of the existing porch /balcony and extend it
forward to allow the support beams to be replaced. The porch /balcony will be reduced to
approximately 67 sq. ft. from 145 square feet. The applicant is altering the porch /balcony
as part of exterior upgrades and maintenance.
The Seal Beach Municipal Code (SBMC § 11.4.40.015.6) 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 -24 approving MUP 16 -10 to allow
the alteration of an existing front porch /balcony, on/a7nconforming property at 239 15th
Street.
Prepared by:
Steve Fowler
Assistant Planner - Community Development
of Community Development
Attachments:
1. Resolution No. 16 -24 —A Resolution of the Planning Commission of the City of Seal
Beach Approving Minor Use Permit 16 -10 to allow the alteration of an existing front
porch /balcony, on a nonconforming property at 239 15th Street.
2. Project architectural plans.
3. Site photo.
Page 3 of 3
RESOLUTION NO. 16 -24
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING MINOR USE
PERMIT 16 -10 TO ALLOW THE ALTERATION OF AN
EXISTING FRONT PORCH /BALCONY ON A
NONCONFORMING PROPERTY IN THE RESIDENTIAL
HIGH DENSITY (RHD -20) ZONING AREA AT 239 15T"
STREET.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Joseph MacHul on behalf of property owner Beverly Terry
( "the applicants ") submitted an application to the Community Development Department
for Minor Use Permit 16 -10. 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 porch and balcony of an existing residence,
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 -10. 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.
B. The subject property is currently developed with a two story single
family residence and a detached two car garage at the rear. The existing garage is
located adjacent to the side property line and does not meet the minimum required side
yard setback of 10% of the lot width so the subject property is considered
nonconforming. The proposed improvements will not expand any existing
nonconformity.
C. The Seal Beach Municipal Code (SBMC § 11.4.40.015.13) allows
minor improvements, the alteration or addition of roofs, balconies and porches of
nonconforming properties.
D. The applicant is requesting to modify the existing residence on the
nonconforming property by reducing the width and increasing the depth of an existing
Page 1 of 4
Resolution 16 -24
239 15' Street
front porch /balcony. No new bedrooms will be created and the residence will conform to
the provisions of SBMC § 11.4.40.015.8.
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 alteration of the existing front porch and balcony, 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 11.4.40.015.8) 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 one single family residence and is considered
nonconforming due to setbacks only. The alteration of an existing front porch and
balcony 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.
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 single family 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 use on the property. The subject site will continue to operate as a
residential property, which is consistent with the uses in the surrounding neighborhood.
Page 2 of 4
Resolution 16 -24
239 15'" Street
Section 5. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 16 -10 for alteration of an existing front porch /balcony, on a
nonconforming property subject to the following conditions:
1. Minor Use Permit 16 -10 is approved for the alteration of an existing front
porch /balcony, on a nonconforming property located at 239 15th Street.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Minor Use Permit 16 -10. 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. All materials, color, wall finishes and roof material must be consistent with
existing material and exterior finishes of the residential dwelling.
5. 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.
6. 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.
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 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.
Page 3 of 4
Resolution 16 -24
239 15'" Street
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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