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HomeMy WebLinkAboutItem 4bi PLANNING COMMISSION NUMBER r, STAFF REPORT 4 '�gUFppNP:' TO: Planning Commission FROM: Interim Director of Community Development MEETING DATE: JULY 17, 2017 SUBJECT: NEW BUSINESS REQUEST FOR A MINOR USE PERMIT (MUP 17 -5) TO ALLOW THE INSTALLATION OF A TRELLIS PATIO COVER ABOVE AN ATTACHED GARAGE AT AN EXISTING DUPLEX ON A PROPERTY WHICH IS NONCONFORMING DUE TO PARKING, AND DENSITY IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA. LOCATION: 1003 SEAL WAY APPLICANT: Casey Mungo RECOMMENDATION: After conducting the Public Meeting, staff recommends that the Planning Commission adopt Resolution No. 17 -18, APPROVING Minor Use Permit 17 -7 with Conditions. GENERAL PLAN DESIGNATION: ZONE: SITE DESCRIPTION: Assessor's Parcel Number: Lot Area: Gross Floor Area: Surrounding Properties: Minor Use Permit 17 -7 1003 Seai Way RESIDENTIAL HIGH DENSITY RHD -20 (RESIDENTIAL HIGH DENSITY) 199 - 104 -15 2,700 sq. ft. 1,396 sq. ft. North: Residential High Density (RLD -20) South: Beach (BEA) East: Residential High Density (RLD -20) West: Residential High Density (RLD -20) ENVIRONMENTAL ASSESSMENT: 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 at seq.) for the permitting of a patio of an existing residential property where only minor modifications are required for the renovation. LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on July 6, 2017 and mailed to property owners and occupants within a 300' radius of the subject property on July 6, 2017, with affidavits of publishing and mailing on file. Page 2 of 3 Minor Use Permit 17 -7 1003 Seal Way f_1: f11W 696-T Casey Mungo, ( "the applicant') filed an application for Minor Use Permit 17 -7 requesting approval for the installation of a trellis patio cover above an attached garage at an existing duplex on a property which is nonconforming due to density and parkinaq. The subject site is located on the south side of Seal Way between 10t" Street and 11 Street in the Old Town area. The parcel is developed with a two -story duplex. One unit is located on the first floor while the second unit is located on the second floor. There are two enclosed parking spaces on site. The subject site is located in the RHD -20 zone and is surrounded by residential uses on three sides with the beach to the south. The subject property is nonconforming due to parking and density. According to Table 11.2.05.015.A.1 of the Seal Beach Municipal Code, residential uses in the RHD -20 zone are required to provide 2 off - street parking spaces per dwelling unit. The subject site contains two dwelling units and, by current code standards, is required to have 4 enclosed parking spaces. However, the site only contains two enclosed parking spaces within a garage which makes the site deficient by 2 parking spaces. According to 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. The subject property is a 2,700 sq. ft. interior parcel with two dwelling units on site and only 1 would be allowed by the current zoning regulations that pertain to density. The Seal Beach Municipal Code (SBMC § 11.4.40.015.8) allows minor improvements which involve roof additions over balconies and porches through the approval of a Minor Use Permit. The applicant proposes to install a trellis patio cover above an attached garage. The alterations proposed on the subject site are consistent with the provisions of this code. Xol l N ftrb-3 t l: F After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 17 -18 approving MUP 17 -7 to permit the installation of a trellis patio cover above an attached garage at an existing duplex on a property which is nonconforming due to density and parking at 1003 Seal Way. Prepared by: Steve Fowler ' rystal Land Community Development Department Interim Com Wily Development Director Attachments: 1. Resolution No. 17 -18 —A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 17 -7, to allow the installation of a trellis patio above an attached garage at an existing duplex on a property which is nonconforming due to density and parking that is located in the Residential High Density (RHD -20) zoning area. 2. Project architectural plans. Page 3 of 3 RESOLUTION NO. 17 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 17 -5 TO ALLOW THE INSTALLATION OF A TRELLIS PATIO ABOVE AN ATTACHED GARAGE AT AN EXISTING DUPLEX ON A PROPERTY WHICH IS NONCONFORMING DUE TO PARKING, AND DENSITY IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA AT 1003 SEAL WAY. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Casey Mungo ( "the applicant') submitted an application to the Community Development Department for Minor Use Permit 17 -7. The proposed project includes the installation of a trellis patio above an attached garage at an existing duplex on a property which is nonconforming due to density and parking located 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 to the interior and exterior of an existing residential property where only minor modifications are required for the renovation. Section 3. A duly noticed public meeting was held before the Planning Commission on July 17, 2017 to consider Minor Use Permit 17 -7. At the public meeting, 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 applicant submitted an application to the Community Development Department for Minor Use Permit 17 -7 for a proposed project at 1003 Seal Way, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 2,700 square feet. The subject property has a lot width of 30 feet with a lot depth of 90 feet. The site is surrounded by residential uses on three sides with the beach to the south. C. The subject property is currently developed with a duplex. Based on the density, and parking conditions, the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity because no new bedrooms or additional habitable square footage is proposed. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.6) allows minor improvements which involve roof additions over balconies and porches through Page 1 of 4 Resolution 17 -18 1003 Seal Way the approval of a Minor Use Permit. The applicant is requesting to install a trellis patio above an attached garage. 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 installation of a trellis patio above an attached garage will not change the character of the 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 which involves roof additions over balconies and porches such as the installation of a trellis patio above an attached garage 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 duplex and is considered nonconforming due to density and parking. The installation of a trellis patio will not add habitable space and will maintain development standards applicable to the RHD -20 zone. The improvement will not increase density or change beyond existing use of the 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 duplex, 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 installation of a trellis patio will not increase bedrooms, exceed the bedroom/bathroom ratio authorized under the development standards, 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 17 -18 1003 Seal Way Section 5. Based on the foregoing, the Planning Commission hereby approves Minor Use Permit 17 -7 for installation of a trellis patio over an existing attached garage to the nonconforming duplex is subject to the following conditions: 1. Minor Use Permit 17 -7 is approved for the installation of a trellis patio over an existing attached garage to the nonconforming property located at 1003 Seal Way. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 17 -7. 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, and finishes of the wall finish will be consistent with existing roof pitches and exterior finishes of the residential dwelling. 6. 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. 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 17 -18 1003 Seal Way PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on July 17, 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 I y d g a 3 g a = 7NI'9NLLitlUO19 p� w =s� o �e H yyN �LLp3 wpm 3195 Wx[� NOL.IOOV SI1131LL 3NIl ALa3d0ad .06 LU ..m __ T______ �f J j t'v �i iti \1 9NI2133ND 30NMISM 09NIIW G o� i, 3NIl , BdId021d ,06 133HS 3ULL I y d g a ? �o �U Mp p 3 g LL p� V'2p p� w =s� o �e H yyN �LLp3 wpm 3NIl ALa3d0ad .06 LU ..m __ T______ �f J j t'v �i iti \1 t\ o� i, 3NIl , BdId021d ,06 ? �o �U Mp p 3 g p� w aq o �e H w LU J J a _m Z O ,--, b W Z O J W x O Z LLI _1 ©1. it I! I� i� DO a =' 7M'9ML4VU0V auac r�'wneres AMlY53 ®[ NOLIOOV 51113111 33N30LS3a 09Nnw p 9NIL33NDN3 N SNOLJ3S ONV'SNOL.VA313'SNVId IIWU _m Z O ,--, b W Z O J W x O Z LLI _1 ©1. it I! I� i� DO