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Home My WebLink AboutPC Res 16-24 - 2016-10-17RESOLUTION 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 15TH 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.B) 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. 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 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.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 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`6 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 Campbell, Klinger, Machen, Cummings, Thomas NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Commission Secretary � � Aj Esther Cummings Chairperson Page 4 of 4