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HomeMy WebLinkAboutPC Res 17-09 - 2017-04-03RESOLUTION NO. 17 -9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 17 -2 TO ADD A SECOND STORY TO AN EXISTING SINGLE FAMILY RESIDENCE WHICH IS NONCONFORMING DUE TO DETACHED GARAGE SETBACKS ON A PROPERTY LOCATED AT 1011 ELECTRIC AVENUE IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Steven Sennikoff, on behalf of property owners David and Debbie Seror, ("the applicant ") submitted an application to the Community Development Department for Conditional Use Permit 17 -2. 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 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(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 April 3, 2017 to consider Conditional Use Permit 17 -2. 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 2,850 square feet. The property is approximately 26 feet wide by 110 feet deep. The site is surrounded by residential uses on the north, east and west sides and the greenbelt to the south. B. The subject property is currently developed with a one -story single family residence and detached two car garage at the rear. Based on the existing setback conditions, the subject property is considered nonconforming because the garage does not maintain the required east side yard setback and rear setback. The proposed improvements will not expand any existing nonconformity. The proposed addition will maintain all current required setbacks of the house itself. 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 the requirements of the Municipal Code. The addition will Page t of 4 Resolution 17 -9 1011 Electric Avenue not intensify the nonconforming setback as the addition is proposed on the residential structure that meets all the requirements of the Municipal Code. D. The applicant is proposing to add a 743 square foot second story to the residence. The proposed addition will add two bedrooms and two bathrooms to the existing two bedrooms and one bathroom residence. The proposed addition will not result in additional lot coverage as the areas of construction are already covered by existing structures. The existing total lot coverage is approximately 45.9 %, which is less than the maximum 75% lot coverage that is permitted in the RHD -20 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 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 addition to the residence will allow for the addition of two bedrooms and two bathrooms to the residence and will not expand any nonconformity and will be consistent with other surrounding properties. The property is nonconforming because the detached garage does not meet the required rear and side yard setbacks. 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 Old Town RHD -20 zone, an area where the Seal Beach Municipal Code (Section 11.4.40.020) allows additions and improvements such as the alteration or addition of habitable 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 second story of the residence will maintain development standards applicable to the RHD -20 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 RHD -20 zone, which consists of properties developed as single family and multi - family residences. The improvement will add approximately 743 square feet of habitable space, and will remain similar to surrounding residential uses throughout the RHD -20 zoned area. Page 2 of 4 Resolution 17 -9 1011 Electric Avenue 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 not increase the existing lot coverage of approximately 45.9 percent. The lot coverage on the subject site will continue to be under the maximum 75 percent lot coverage permitted in the RHD -20 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 -2 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 -2 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 1011 Electric Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Conditional Use Permit 17 -2. 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. 6. This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" forth 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 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 -9 1011 Electric Avenue PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on April 3, 2017, by the following vote: AYES: Commissioners Machen Thomas Aguilar, Campbell NOES: Commissioners ABSENT: Commissioners Klinger ABSTAIN: Commissioners ATTEST: C�J%tal Lai vaz tanning Co Sion Secretary Deb Machen Chairperson Page 4 of 4