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HomeMy WebLinkAboutItem 4SEAS "•,• PLANNING COMMISSION TEMNUM6ER STAFF REPORT 4 ,•'c'9QFOR��P: :j TO: Planning Commission FROM: Director of Community Development MEETING DATE: OCTOBER 2, 2017 SUBJECT: PUBLIC HEARING REQUEST FOR VARIANCE (VAR 17 -1) TO PERMIT A 71 SQ. FT ADDITION OF HABITABLE SPACE, FOR A NEW BATHROOM AND CLOSET, TO AN EXISTING DUPLEX, ON A NONCONFORMING PROPERTY IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA LOCATION: 156 12" STREET APPLICANT: PATRICK & ROMY MAHONEY RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 17 -24, DENYING Variance VAR 17 -1. ENERAL PLAN DESIGNATION: ZONE: SITE DESCRIPTION: Assessor's Parcel Number: Lot Area: Surrounding Properties: ENVIRONMENTAL ASSESSMENT Variance 17 -1 156 12"' Street RESIDENTIAL HIGH DENSITY RHD -20 (RESIDENTIAL HIGH DENSITY -20) 199- 076 -30 2,937.5 sq. ft. North: Residential South: Residential East: Residential West: Residential 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 an addition to an existing single - family residence that is less than 50% of the existing square footage. LEGAL NOTIFICATION: The legal notice of this hearing was published in the Seal Beach Sun Newspaper on September 21. 2017 and mailed to property owners and occupants within a 500' radius of the subject property on September 21. 2017, with affidavits of publishing and mailing on file. Page 2 of 5 Variance 17 -1 156 le Street ANALYSIS Patrick and Romy Mahoney, ( "the applicants ") filed an application for Variance ( "VAR ") 17 -1 requesting approval to allow a 71 sq. ft addition of habitable space, for a new bathroom and closet, to an existing duplex, on a nonconforming property in the Residential High Density (RHD -20) zoning area. The subject site is a rectangular - shaped 2,937.5 sq. ft. parcel located on the east side of 12" Street between Electric Avenue and Ocean Avenue within the RHD -20 (Residential High Density — 20) zone. The parcel is currently developed with a one -story residential unit at the front of the property and a detached second unit above the two -car garage at the rear of the property. The subject site is surrounded by residential uses. The applicant submitted a request for VAR 17 -1 to allow the construction of a 71 square -foot addition to the front unit on a property that is nonconforming. The property is considered nonconforming due to density, setbacks and parking. The Seal Beach Municipal Code, Table 11.2.05.015, states that RHD -20 zoned properties are allowed one residential unit per every 2,178 sq. ft. of land area. The subject property is approximately 2,937.5 sq. ft. which would only allow for one unit, so the property is nonconforming because it has two existing residential units. The Seal Beach Municipal Code, Table 11.4.20.015.A.1, requires two (2) off- street parking spaces per dwelling unit. The site only contains two garage spaces, which make the site deficient by two parking spaces based on the existing need of four garage spaces for the two dwelling units on the site. In addition, the Seal Beach Municipal Code (SBMC §11.2.05.015) provides minimum setback requirements for residential dwellings. In the RHD -20 zone the minimum interior side yard setback is three feet. The front building on the subject property maintains the required 3 -foot side yard setbacks but the rear building only has a 4 -inch side yard setback on the northern side and a 2 -foot 8 -inch side yard setback on the southern side. The applicants are proposing approval of VAR 17 -1 to add 71 square feet of habitable space to the rear of the existing front unit, in order to add a closet and bathroom. The addition would be located across the entire back of the front unit. In order to add onto the existing front unit, the applicants are requesting approval of a Variance to (i) reduce the required 3 -foot minimum side setback, (ii) reduce the required number of garage parking spaces from four spaces to two spaces, and (iii) reduce the minimum square footage of 2,178 sq. ft. per dwelling unit to 1,468.75 sq. ft. per dwelling unit. According to the applicants, this approval of VAR 17 -1 would eliminate the nonconforming status of the subject property. Nonconforming structures and uses are governed by Chapter 11.4.40 of the Seal Beach Municipal Code (SBMC). SBMC §11.4.40.010 provides that a lawful nonconforming structure may be used, occupied and maintained in its current size and configuration. An owner may perform non - structural repairs and interior alterations to structures that are nonconforming or contain nonconforming uses, provided the structure is not enlarged, the life of the structure is not extended or the nonconforming use is not expanded. With regard to multi -unit residential structures, SBMC §11.4.40.030 provides that multi -unit residential structures may not add any habitable space. The proposed 71- Page 3 of 5 Variance 17 -1 156 120 Street foot addition to the front unit would add 71 square feet of habitable space, which violates SBMC §11.4.40.030 and SBMC §11.4.40.010. The Seal Beach Municipal Code (SBMC), in §11.5.20.005.C, gives the Planning Commission authority to grant a Variance to adjust dimensional and performance standards only; and any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which the property is situated. A variance also cannot be granted to authorize a use or activity which is not expressly authorized by the zone district regulations governing the parcel of property. As outlined above, the subject property is presently nonconforming as to both dimensional and performance standards. The property has two dwelling units but the applicable zoning, based on lot size, only allows one unit. The property should have four garage parking spaces, but only has two. The side yard setbacks are too narrow. The applicants seek to construct an addition to multi -unit structures that are already nonconforming. In effect, the applicants are seeking approval of the variance to add habitable space on a lot that is already under - parked and too dense. The applicants have not presented evidence to justify their request for a variance, and approval of the variance would constitute the grant of a special privilege. A variance is not warranted in this circumstance because adherence to the residential setback requirements, along with the density and parking requirements would not create an undue hardship, because the lot's size and shape, and the dimensions of the existing structures, are similar to other lots in the vicinity. The strict interpretation of the Municipal Code requirements would not deprive the applicants of the ability to enjoy the same privileges as other property owners within the same vicinity; the applicants and the other property owners in the vicinity are subject to the same limitations. Additionally, the request to increase density is not authorized in the zoning regulations for the RHD - 20 zone in which the property is located. Compliance with the residential development standards would not create a hardship for the property and there are no unique characteristics or circumstances applicable to the property such as unique size, configuration or topography that would warrant a variance. Existing development on the subject site would be allowed to remain. There are no unique circumstances applicable to the property. The request to reduce the minimum side yard setbacks from three feet to four inches or to 2 feet 4 inches, to reduce the required parking requirement from four spaces to two spaces, and to increase the density, is a request for a special privilege that is inconsistent with other properties in the RHD -20 zone because most properties in the RHD -20 zone provide at least the minimums for these requirements. The applicants' request is inconsistent with the RHD -20 zone in which it is located because the proposal includes adding habitable square footage to a nonconforming property. 'As7:CdILI,&R@R Page 4 of 5 Variance 17 -1 156 le Street After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 17 -24 denying VAR 17 -1 to allow a 71 square -foot addition of habitable space, for a new bathroom and closet, to an existing duplex, on a nonconforming property in the Residential High Density (RHD -20) zoning area. Prepared by: owler ant Planner — Community Development Attachments: 1. Resolution No. 17 -24 — A Resolution of the Planning Commission of the City of Seal Beach, denying Variance 17 -1, to allow a 71 sq. ft. addition of habitable space, for a new bathroom and closet, to an existing duplex, on a nonconforming property in the Residential High Density (RHD -20) zoning area. 2. Project Architectural Plans Page 5 of 5 RESOLUTION NO. 17 -24 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION DENYING VARIANCE (VAR 17 -1) TO PERMIT A 71 SQ. FT ADDITION OF HABITABLE SPACE, FOR A NEW BATHROOM AND CLOSET, TO AN EXISTING DUPLEX, ON A NONCONFORMING PROPERTY LOCATED AT 156 12TH STREET IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Patrick and Romy Mahoney ( "the applicants "), submitted an application to the City of Seal Beach Department of Community Development for Variance (VAR) 17 -1 to allow a 71 square -foot addition of habitable space, for a new bathroom and closet, to an existing duplex on a nonconforming property in the Residential High Density (RHD -20) zoning area, which is nonconforming due to density, parking and setbacks, at 156 12" Street. 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 an addition to an existing single - family residence that is less than 50% of the existing square footage. Section 3. A duly noticed meeting was held before the Planning Commission on October 2, 2017 to consider the application for VAR 17 -1. At this meeting, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The subject site consists of a 2,937.5 sq. ft. parcel developed with a one- story residential unit and a detached second unit above the two -car garage at the rear of the property. The subject site is located on the east side of 12r" Street between Electric Avenue and Ocean Avenue. The subject site is surrounded by residential properties. The subject property is located in the RHD -20 (Residential High Density — 20) zone. B. The subject site is a rectangular - shaped lot with no unique size or configuration when compared to the surrounding properties in the RHD -20 zone. Most of the surrounding properties consist of lots that range from 25 to 50 feet in width and 110 to 117 feet in length and abut an alley at the rear, as does the subject site. C. The Seal Beach Municipal Code (SBMC §11.2.05.015) requires all properties in the RHD -20 zone to provide a minimum side yard setback of three (3) feet. D. The Seal Beach Municipal Code (SBMC Table 11.2.05.015) requires all properties in the RHD -20 zone to provide a minimum 2,178 square feet of land area per each residential unit. E. The Seal Beach Municipal Code (SBMC Table 11.2.05.015.A.1) requires all properties in the RHD -20 zone to provide two off - street parking spaces per dwelling unit. F. The applicant is proposing to add a 71 square feet addition of habitable space, for a new bathroom and closet, to the front unit. 1 of 3- Rew1uhm 17 -24 156 12'" Street G. The subject site is nonconforming based on density, parking and setbacks. H. Seal Beach Municipal Code (SBMC §11.4.40.010) provides that a lawful nonconforming structure may be used, occupied and maintained in its current size and configuration, and that an owner may perform non - structural repairs and interior alterations to structures that are nonconforming or contain nonconforming uses, provided the structure is not enlarged, the life of the structure is not extended or the nonconforming use is not expanded. With regard to multi -unit residential structures, the Seal Beach Municipal Code (SBMC §11.4.40.030) provides that multi -unit residential structures may not add any habitable space. 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 Municipal Code of the City of Seal Beach, the Planning Commission makes the following findings: A. The variance does not conform in all significant respect with the General Plan and with any ordinances adopted by the City Council. The General Plan Land Use Map designates the subject property as Residential High Density and the subject site is not consistent with the residential density for the area. The density requirements in the RHD -20 zone permit one residential unit on the subject site, but the site currently contains two units. Also, under the applicable zone district development standards, the site requires two off- street parking spaces per dwelling unit. However, the site only contains two garage spaces, which make the site deficient by two parking spaces based on the existing need of four garage spaces for the two units. The applicant's proposal to add 71 square feet of habitable space to the existing nonconforming duplex that is nonconforming due to setbacks, density and parking does not comply with the requirement set by SBMC §11.4.40.020. B. There are no special circumstances applicable to the property, including size, shape, topography, location or surroundings, and application of the Zoning Code does not deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zoning district classification. Residential properties in the RHD -20 zone have a typical lot width of 25 to 50 feet and a typical lot depth of 110 to117 feet, and are abutted by an alley at the rear of the property. Typical lots in the RHD -20 maintain a minimum side yard setback of three feet, a density of one dwelling unit per 2,178 square feet and two parking spaces for each dwelling unit. The subject site has no unique characteristics such as size, configuration or topography that make this lot different than others in the same zoned area. Application of the Zoning Code development standards would not deprive the subject property of utilizing the existing uses. C. The variance does constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which such property is situated. The applicant is requesting to add a 71 square -foot addition of habitable space, for a new bathroom and closet to the front unit. Approval of this addition would not be consistent with the minimum side yard setback, density and parking requirements applicable to surrounding residential properties in the RHD -20 zone. The applicant is seeking a special privilege or reduction beyond what is applicable to surrounding properties in the RHD -20 zone, because other properties in the same zoning area, with these same restrictions, are not allowed to increase the size of the building with habitable space. D. Authorization of the variance does not substantially meet the intent and purpose of the zoning district in which the property is located, and will be detrimental to the -2 of 3- Resolution 17 -24 15612"' Street health, safety, and welfare of persons living or working in the neighborhood or to the general welfare of the City. The subject site is located in the RHD -20 zone which is developed with a mix of single family and multi - family residences. The applicant is proposing to add a 71 square -foot addition of habitable space, for a new bathroom and closet onto the front unit, on a lot that is already under - parked and too dense. This will not be consistent with surrounding properties. The applicant's proposal will not comply with all development standards required by the Seal Beach Municipal Code. Section 5. Based upon the foregoing, the Planning Commission hereby denies Variance 17 -1 as the findings for the Variance cannot be made. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on October 2, 2017, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Crystal Landavazo Planning Commission Secretary -3 of 3- Deb Machen, Chairperson 5 3 N'O f b l = V :u! MILOQO @N 1� M/L 3LI9 {1 i ii ^1 ` ry, I i O I I li I 6e f I — 3 Pik ! gp€ 3$g1�9$! milli! �I, ? ?B � vil$ Y.:€ irBac�Eeae :s, €S,aEev� € € #.dwce:iiulev: iiia ?ai s nin sa S 3 N O f 1 11 O 10' :n� rouiaav mvv �aaou� Mnd arob F� 0 6'li! u u I , I o 0 m � I I , I m I I I m � I I � I , d e id i x