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Home My WebLink AboutPC Res 16-21 - 2016-09-06RESOLUTION 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 facade 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 ATTEST: Jim Bashartl Planning Commission Secretary Page 4 of 4 �1 � ?Zyr,vr wh, o Esther Cummings Chairperson