HomeMy WebLinkAboutItem 3�'sEaZ'e�
'OZ1y PLANNING COMMISSION NuM ER
f STAFF REPORT 3
TO:
Planning Commission
FROM:
Interim Director of Community Development
MEETING DATE:
MAY 1, 2017
SUBJECT:
PUBLIC HEARING
REQUEST FOR CONDITIONAL USE PERMIT
17 -5 TO ALLOW AN INTERIOR REMODEL
AND THE ADDTION OF A 2 N STORY OVER
THE ATTACHED GARAGE OF AN EXISTING
RESIDENCE ON A PROPERTY WHICH IS
NONCONFORMING DUE TO SETBACKS IN
THE RESIDENTIAL LOW DENSITY (RHD -9)
ZONING AREA.
LOCATION: 605 BEACHCOMBER DRIVE
APPLICANT: JAMES HERNANDEZ
RECOMMENDATION: After reviewing the application, staff
recommends that the Planning Commission
adopt Resolution No. 17 -11, APPROVING
Conditional Use Permit 17 -5 with Conditions.
Page 1 of 3
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GENERAL PLAN DESIGNATION:
ZONE:
SITE DESCRIPTION:
Assessor's Parcel Number:
Lot Area:
Conditional Use Permit 17 -5
605 Beachcomber Drive
RESIDENTIAL HIGH DENSITY
RLD -9 (RESIDENTIAL LOW DENSITY)
199 - 164 -16
5,100 sq. ft.
Gross Floor Area: 1,942 sq. ft.
Surrounding Properties: North: Residential Low Density (RLD -9)
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 1 (Existing Facilities) Categorical Exemption
pursuant to Section 15301(e)(2) of the Guidelines for the California Environmental Quality
Act (Public Resources Code Section 21000 et seq.) for the permitting of an addition that is
under 10,000 sq. ft. and all public services and facilities are available to allow maximum
development and the area is not environmentally sensitive.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on April
20, 2017 and mailed to property owners and occupants within a 500' radius of the subject
property on April 20, 2017, with affidavits of publishing and mailing on file.
Page 2 cf 3
Conditional Use Permit 17 -5
605 Beachcomber Drive
ANALYSIS:
• James Hernandez ( "the applicant ") filed an application for Conditional Use Permit 17 -5
requesting approval to allow the addition to an existing single family residence of a second
story over an existing attached garage which is nonconforming due to front yard setback of
the garage in the Residential Low Density (RLD -9) zoning area. The subject site is located
on the west side Beachcomber Drive, north of Bolsa Avenue in the Hill area. The parcel is
developed with a single -story single - family residence with three bedrooms, two bathrooms
and an attached two -car garage. The subject site is located in the RLD -9 zone and is
surrounded by residential uses.
The subject property is nonconforming due to the front yard setback. According to Seal
Beach Municipal Code Section 11.2.05.015.D.1, properties in the RLD -9 zone are required
to maintain an 18 -foot front yard setback for all front facing garages and 10 feet for side on
garages. The subject property has a front facing front yard two-car garage that has a
setback of 14 feet 6 inches and the residence has a front yard setback measurement of 15
feet. The garage and house both encroach into the front yard setback by up to 3 feet 6
inches. The subject property will remain compliant with the parking requirements as it will
continue to provide the required two car garage parking spaces.
The applicant is proposing to add a 591 - square foot second story of habitable space to the
residence and a laundry room downstairs. This will add a master bedroom and bathroom to
the existing three bedrooms, two bathroom residence. The proposed addition will result in
an addition of 115 feet for the laundry room and an addition to the second floor that does
not cover the existing footprint. The total lot coverage is proposed to be 44.7 %, which is
less than the maximum 45% lot coverage that is permitted in the RLD -9 zone.
• The Seal Beach Municipal Code (SBMC § 11.4.40.020.) allows improvements which
involve the alteration or addition to residences that are nonconforming due to setbacks.
The addition is to add a second floor to a residential structure that is allowed in this zoning
area and meets all other Municipal Code requirements. The Conditional Use Permit is
required because the structure does not meet front yard setback requirements. The
addition will not intensify the nonconforming setback. The proposed addition is consistent
with other residential properties and do not intensify the existing nonconformity on the
property because the addition is not increasing the setback and will maintain all required
setbacks.
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 17 -11 approving CUP 17 -5 to allow
the addition of a second story to an existing single - family residence on a nonconforming
property at 605 Beachcomber Drive.
Prepared by:
Steve Fowler' rystal nngoyafo
Assistant Planner- Community Development V Interim Director of Community Development
Attachments:
1. Resolution No. 17 -11 — A Resolution of the Planning Commission of the City of Seal Beach Approving
• Conditional Use Permit 17 -5 to allow the addition of second story to an existing single - family residence on a
nonconforming property at 605 Beachcomber Drive in the Residential Low Density (RHD -9) zoning area.
2. Project architectural plans.
Page 3 of 3
RESOLUTION NO. 17 -11
® A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 17 -5 TO ADD A SECOND STORY TO AN
EXISTING SINGLE FAMILY RESIDENCE WHICH IS
NONCONFORMING DUE TO FRONT YARD SETBACKS
ON A PARCEL LOCATED AT 605 BEACHCOMBER DRIVE
IN THE RESIDENTIAL LOW DENSITY (RLD -9) ZONING
AREA.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. James Hernandez ( the applicant ") submitted an application
to the Community Development Department for Conditional Use Permit 17 -5 for an
existing lot located at 605 Beachcomber Drive. The proposed project includes the
addition of a second story to an existing single family residence which is nonconforming
due to setbacks in the Residential Low Density (RLD -9) zoning area.
Section 2. This project is determined to be a Class 1 (Existing
Facilities) Categorical Exemption pursuant to Section 15301(e)(2) of the Guidelines for
the California Environmental Quality Act (Public Resources Code Section 21000 at
• seq.) for the permitting of an addition that is under 10,000 sq. ft. and all public services
and facilities are available to allow maximum development and the area is not
environmentally sensitive.
Section 3. A duly noticed public hearing was held before the Planning
Commission on May 1, 2017 to consider Conditional Use Permit 17 -5. 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 2,884 square feet. The property is approximately 51 feet wide by 110
feet deep. The site is surrounded by residential uses.
B. The subject property is currently developed with a single -story
single family residence and an attached two -car garage. Based on the existing setback
conditions, the subject property is considered nonconforming because the garage and
residence do not maintain the required 18 -foot front yard setback. The proposed
improvements will not expand any existing nonconformity.
C. The Seal Beach Municipal Code (SBMC § 11.4.40.020) allows
improvements, which involve the alteration or addition to residences that are
nonconforming due to setbacks. The addition is to add a second floor to a residential
structure that conforms to all other requirements of the Municipal Code except the front
• yard setback. The addition will not intensify the nonconforming setback as proposed.
Page 1 of 4
Resolution 17 -11
605 Beachcomber Drive
• D. The applicant is proposing to add a 591- square foot second story of
habitable space to the residence. This will add a master bedroom and bathroom to the
existing three - bedroom, two- bathroom residence. The house has a two -car attached
garage. The proposed addition will result in additional lot coverage and the new lot
coverage will be 44.7 percent, which is less than the maximum 45% lot coverage that is
permitted in the RLD -9 zone.
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 additions are consistent with the General Plan which
encourages architectural diversity on the Hill while ensuring compatibility between
residential and commercial uses. The General Plan also recognizes existing
nonconforming land uses and permits minor alterations. The proposed addition to the
residence will allow for the addition of a laundry room, master bedroom and bathroom to
the residence, but will not expand any nonconformity and will be consistent with other
surrounding properties. The property is nonconforming because the garage and
residence do not meet the required front yard setback.
B. The proposed use is allowed within the applicable zoning district
with Conditional Use Permit approval and will comply with all other applicable provisions
• of the Municipal Code. The subject site is located within the Hill RLD -9 zone, an area
where the Seal Beach Municipal Code (Section 11.4.40.020) allows additions and
improvement such as the alteration or addition of additional square footage to
nonconforming properties with approval of a Conditional 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 addition to the residence for the addition of
the second story will maintain development standards applicable to the RLD -9 zone.
The improvements will not increase density or cause a 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 RLD -9 zone, which consists of properties developed as single family and
multi - family residences. The improvement will add approximately 591 square feet of
habitable space, and will remain similar to surrounding uses throughout RLD -9.
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 addition to the second floor will increase the existing lot
Page 2 of 4
Resolution 17 -11
605 Beachcomber Drive
coverage to approximately 44.7 percent. The lot coverage on the subject site will
• continue to be under the maximum 45 percent lot coverage permitted in the RLD -9
zone. 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 Conditional Use Permit 17 -5 for the addition of the second story to an existing
single family residence which is a nonconforming property subject to the following
conditions:
1. Conditional Use Permit 17 -5 is approved for the addition of a second story to an
existing single family residence which is nonconforming due to setbacks, on a
nonconforming property located at 605 Beachcomber Drive.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Conditional Use Permit 17 -5. 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.
is
6. 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 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. 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 17 -11
605 Beachcomber Drive
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning
• Commission at a meeting thereof held on May 1, 2017, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Crystal Landavazo
Planning Commission Secretary
•
•
Deb Machen
Chairperson
Page 4 of 4
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