HomeMy WebLinkAboutItem 3SEA(`
PLANNING COMMISSION It-
TO:
STAFF REPORT
Planning Commission
FROM:
Director of Community Development
MEETING DATE:
MAY 7, 2018
SUBJECT:
PUBLIC HEARING
REQUEST FOR CONDITIONAL USE PERMIT
18-2 TO ALLOW AN INTERIOR REMODEL
AND AN ADDTION TO THE FRONT OF AN
EXISTING RESIDENCE ON A PROPERTY
THAT IS NONCONFORMING DUE TO
SETBACKS IN THE RESIDENTIAL HIGH
DENSITY (RHD -20) ZONING AREA.
LOCATION: 213 17TH STREET
APPLICANT: STEVEN T. ANDERSON
RECOMMENDATION: After reviewing the application, staff
recommends that the Planning Commission
adopt Resolution No. 18-6, APPROVING
Conditional Use Permit 18-2 with Conditions.
GENERAL PLAN DESIGNATION:
ZONE:
SITE DESCRIPTION:
Assessor's Parcel Number:
Lot Area:
Gross Floor Area:
Surrounding Properties:
ENVIRONMENTAL ASSESSMENT:
Conditional Use Permit 18-2
213 17"' Street
RESIDENTIAL HIGH DENSITY
RHD -20 (RESIDENTIAL HIGH DENSITY)
199-064-17
2,500 sq. ft.
1,084 sq. ft.
North: Residential High Density (RHD -20)
South: Residential High Density (RHD -20)
East: Residential High Density (RHD -20)
West: Residential High Density (RHD -20)
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.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on April
26, 2018 and mailed to property owners and occupants within a 500' radius of the subject
property on April 26, 2018, with affidavits of publishing and mailing on file.
VICINITY MAP:
C i,y of e al Beach
+
Page 2 of 3
Conditional Use Permit 18-2
21317s Street
ANALYSIS:
Steven T. Anderson ('the applicant") filed an application for Conditional Use Permit 18-2
requesting approval to allow the addition of 76 sq. ft to the front of the residence to extend
the living room and dining room and add a new porch to an existing single family residence
which is nonconforming due to setbacks on the detached garage in the Residential High
Density (RHD -20) zoning area. The subject site is located on the west side 17th Street
between Electric Avenue and Landing Avenue in the Old Town area. The parcel is
developed with a single -story single-family residence with a detached two car garage. The
subject site is located in the RHD -20 zone and is surrounded by residential uses on all
sides.
The subject property is nonconforming due to the rear yard setback of the detached
garage. According to Table 11.2.05.015 of the Seal Beach Municipal Code, properties in
the RHD -20 zone are required to maintain a rear yard setback that is 24 feet minus the
alley width. The rear setback is required to be 12 feet as the alley is 12 feet wide. The
garage setback is only 6 feet and encroaches into the 12 feet setback by 4 feet.
The applicant is proposing to add 76 square feet to the front of the residence and a42 feet.
front porch to the residence. This will add habitable square footage to the residence by
extending the living room and dining room. The proposed addition will result in additional
lot coverage to the existing 1084 square feet increasing the habitable spaceto 760 square
feet and 42 square feet with the front porch to a total of 1,202 square feet or 48 percent lot
coverage, which is less than the maximum 75% lot coverage that is permitted in the RHD -
20 zone.
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 habitable living space and a porch to a residential structure that
conforms to all the requirements of the municipal code. The Conditional Use Permit is
required due to the parcel having another structure that does not meet setback
requirements. The addition will not intensify the nonconforming setback. The proposed
addition is consistent with other residential properties and do not intensify the existing
nonconformity on the property because the addition is being proposed on an existing
structure that meets the setback requirements for the RHD -20 zone and will maintain all
required setbacks.
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 18- 6 approving CUP 18-2 to allow
the addition of a second story to an existing single-family residence on a nonconforming
property at 213 17th Street.
Prepay by
owler C 01 L av
Assistant Planner- Community Development rerim Di of Community Development
Attachments:
1. Resolution No. 18-8 — A Resolution of the Planning Commission of the City of Seal Beach Approving
Conditional Use Permit 18-2 to allow the addition of habitable living space and a front porch to an existing
single-family residence on a nonconforming property at 21317r Street.
2. Project architectural plans.
Page 3 of 3
RESOLUTION NO. 18-6
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 17-2 TO ALLOW AN INTERIOR REMODEL
AND AN ADDTION TO THE FRONT OF AN EXISTING
RESIDENCE ON A PROPERTY THAT IS
NONCONFORMING 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. Steven T. Anderson ("the applicant") submitted an
application to the Community Development Department for Conditional Use Permit 18-
2. The proposed project includes the addition of 76 square feet and a front porch 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 May 7, 2018 to consider Conditional Use Permit 18-2. 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 2,500 square feet. The property is approximately 25 feet wide by 100
feet deep. The site is surrounded by residential uses on the all sides.
B. The subject property is currently developed with a single -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 rear setback. The proposed improvements will
not expand any existing nonconformity. The proposed addition will maintain all current
required setbacks.
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 76 square feet of habitable
space and a 42 square feet porch to the front of the existing residence that conforms to
all the requirements of the municipal code The addition will not intensify the
Page 1 of 4
Resolution 186
21317" Street
nonconforming setback as the addition is proposed on the structure that meets all the
requirements of the municipal code.
D. The applicant is proposing to add a 76 square feet of habitable
square feet and a 42 square feet porch to the front of the existing residence. This will
add to the living room and dining room. The proposed addition will result in additional lot
coverage to the existing 1084 square feet increasing the habitable space to 760 square
feet and 42 square feet with the front porch to a total of 1,202 square feet or 48 percent
lot coverage, 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 which will allow for the remodel and addition of
habitable living space 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 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 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
improvement such as the alteration or addition of additional 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 residence for the addition of 76
square feet of habitable space and a 42 square feet porch 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 76 square feet of
Page 2 of 4
Resolution 18-6
213 1 e Street
habitable space and 42 square feet of porch, 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 proposed addition will result in additional lot coverage to the
existing 1084 square feet increasing the habitable space to 760 square feet and 42
square feet with the front porch to a total of 1,202 square feet or 48 percent lot
coverage, which is less than the maximum 75% lot coverage that is 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 18-2 for the addition of 76 square feet of habitable
space and a 42 square feet porch to an existing single family residence which is a
nonconforming property subject to the following conditions:
1. Conditional Use Permit 18-2 is approved for the addition of 76 square feet of
habitable space and a 42 square feet porch to an existing single family residence
which is nonconforming due to setbacks, on a nonconforming property located at
213 17th Street.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Conditional Use Permit 18-2. 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" 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 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
Page 3 of 4
Resolution 16-6
213 17° Street
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 May 7, 2018, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Crystal Landavazo
Planning Commission Secretary
Michael Thomas
Chairperson
Page 4 of 4
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