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Home My WebLink AboutPC Res 17-24 - 2017-10-02RESOLUTION 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 12T" 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 le 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 12th 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- Rew/uhm 17-24 156 12"' Sheet 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 muni -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 17-24 156 120 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 Machen, Thomas, Campbell, Klinger, NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Deb Machen, ATTEST: Chairperson rysta ova Planning Com Ion Secretary -3 of 3-