HomeMy WebLinkAboutPC Res 17-19 - 2017-08-21RESOLUTION NO. 17 -19
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING MINOR USE
PERMIT 17 -8 TO ALLOW THE ADDITION OF A
PARTIALLY COVERED DECK ON THE SECOND FLOOR
OF AN EXISTING FOUR UNIT BUILDING ON A
PROPERTY WHICH IS NONCONFORMING DUE TO
PARKING, SETBACKS AND DENSITY IN THE
RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA
AT 1425 OCEAN AVENUE APT D.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Sheila and David Golden ( "the applicants ") submitted an
application to the Community Development Department for Minor Use Permit 17 -8. The
proposed project includes the addition of a partially covered deck on the second floor of
an existing four unit building on a property which is nonconforming due to parking,
setbacks and density 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 at seq.) for
the permitting of alterations to the 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 August 21, 2017 to consider Minor Use Permit 17 -8. 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 -8 for a proposed project at 1425
Ocean Avenue, Seal Beach, California.
B. The subject property is rectangular in shape with a lot area of
approximately 4,125 square feet. The subject property has a lot width of 37.5 feet with
a lot depth of 110 feet. The site is surrounded by residential uses.
C. The subject property is currently developed with four units and a
three car garage. Based on the density, setback 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
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Resolution 17 -19
1425 Ocean Avenue
the approval of a Minor Use Permit. The applicant is requesting to install a deck with a
partial cover above the first floor Unit C.
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 deck with a partial cover above the first floor 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 11.4.40.015.8) allows minor
improvement which involves roof additions over balconies and porches such as the
installation of a deck with a partial cover above the first floor 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 four -unit apartment building with a three -car garage and is
considered nonconforming due to density, setbacks and parking. The installation of a
deck with a partial cover above the first floor will not add habitable space, will not
increase any existing non - conformity, and will maintain all other development standards
applicable to the RHD -20 zone. The deck will only be accessible from the residential
unit on the second floor. 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 apartment building, 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 deck with a partial cover above the first floor
will not increase bedrooms, exceed the bedroom/bathroom ratio authorized under the
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1425 Ocean Avenue
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.
Section 5. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 17 -8 for installation of a deck with a partial cover above the
first floor on a nonconforming four -unit apartment building is subject to the following
conditions:
1. Minor Use Permit 17 -8 is approved for the installation of a deck with a partial
cover above the first floor on a nonconforming four -unit apartment building
located at 1425 Ocean Avenue Apt D.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Minor Use Permit 17 -8. 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.
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Resolution 17 -19
1425 Ocean Avenue
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on August 21, 2017, by the following vote:
AYES: Commissioners Thomas, Aguilar, Klinger
NOES: Commissioners
ABSENT: Commissioners Machen Campbell
ABSTAIN: Commissioners
ATTEST:
sta ndav
tanning Cagiihission Secretary
Michael Thomas
Vice -Chair
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