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HomeMy WebLinkAboutPC Res 17-23 - 2017-10-02RESOLUTION NO. 17-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 17-6 TO ALLOW A 311 SQ. FT. FIRST FLOOR ADDITION AND A 494 SQ. FT. SECOND FLOOR ADDITION TO ALLOW A NEW BEDROOM, BATHROOM, FAMILY ROOM AND DINING ROOM AND RELOCATION OF THE KITCHEN ALONG WITH A 316 SQ. FT. GARAGE ADDITION AND ROOF DECK TO AN EXISTING TWO- STORY SINGLE-FAMILY RESIDENCE, ON A NONCONFORMING PARCEL DUE TO SETBACKS IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. John Wright ( the applicant") submitted an application to the Community Development Department for Conditional Use Permit 17-6. The proposed project includes the 311 sq. ft. first floor addition and a 494 sq. ft. second floor addition to allow a new bedroom, bathroom, dining room and family room and relocation of the kitchen along with a 316 sq. ft. garage addition and roof deck to an existing two-story single-family residence, on a parcel that 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 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 public hearing was held before the Planning Commission on October 2, 2017 to consider Conditional Use Permit 17-6. 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 2,937.5 square feet. The property is approximately 25 feet wide by 117.5 feet deep. The site is surrounded by residential uses on all sides. B. The subject property is currently developed with a two-story single family residence and two -car garage that is currently attached with a breeze way. The new configuration will have the garage attached to the residence. The garage will remain a one story structure rear of the property. Based on the existing setback conditions, the subject property is considered nonconforming because the residence maintains a 6 -foot front yard setback but not the required average 12 -foot average Page 1 of 4 Resolution 17-23 130 a Street setback. The proposed improvements will not expand any existing nonconformity. The proposed addition will maintain all current setbacks. C. The Seal Beach Municipal Code (SBMC § 11.4.40.020) allows structural alterations and additions to single unit residences that are nonconforming due to setbacks or building height. The addition is to add a new bedroom, bathroom, family room and dining room and relocation of the kitchen, along with a garage extension and roof deck which is over the residence. The addition will not intensify the nonconforming front yard setback and is consistent with the use and development of other single family residences throughout the City. D. The applicant is requesting to modify the existing residence on the nonconforming property through the addition of a new dining room, family room and relocation of the kitchen on the first floor, a new bedroom and bathroom on the second floor, along with a 316 sq. ft. garage addition and roof deck. The new lot coverage of 66% or 1,928.5 square feet increased but is less than the 75% maximum lot coverage 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 alterations or additions. The proposed addition to the residence which will add a bedroom, bathroom, family room, dining room and roof deck along with the relocation of the existing kitchen and expansion of the existing garage will not expand any nonconformity and will be consistent with other surrounding properties. The property is nonconforming because the residence does not meet the required front yard average setback. 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 Cade. 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.A.2) allows additions and minor improvement such as additions to the single-family residence, garage and roof decks to nonconforming properties that are nonconforming only with respect to maximum building height or minimum building setbacks 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 modification to the residence to include the Page 2 of 4 Resolution 17-23 130 a Street addition of a bedroom, bathroom, family room, dining room and roof deck along with the relocation of the existing kitchen and expansion of the existing garage will maintain development standards applicable to the RHD -20 zone. The proposed additions are consistent with the development and use of single family residential properties throughout the City. 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 improvements, which will add 805 square feet of habitable space and 316 square feet of non -habitable space, will not change existing operating characteristics of the single family residence, 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 addition to the existing residence will not intensify the nonconformity or use on the property. The lot coverage on the subject site will not exceed the maximum 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 17-6 to allow 805 square feet of habitable space and 316 square feet of non -habitable space to an existing two-story single family residence with 2 -car garage which is a nonconforming property subject to the following conditions: 1. Conditional Use Permit 17-6 is approved to allow a 311 sq. ft. first floor addition of a family room and dining room and relocation of the kitchen, a 494 sq. ft. second floor addition to allow a new bedroom and new bathroom, and a 316 sq. ft. addition of non -habitable space for the expansion of the existing garage and roof deck at a two-story single-family residence which is nonconforming due to front yard setbacks, on a property located at 130 Erb Street. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Conditional Use Permit 17-6. 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 Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" forth has been signed, notarized, and returned to Page 3 of 4 Resolution 17-23 130 a Street the Community Development Department; and until the ten (10) day appeal period has elapsed. 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. 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, Aguilar, Klinger NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: ffltystal L ava tanning ComrWsion Secretary eb ac an Chairperson Page 4 of 4