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Home My WebLink AboutPC Res 18-06 - 2018-05-077*'T1"work IRini[:ai A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING 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. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Stephen 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 et 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 18-6 213 170 Sheet 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 Resoluton 18-6 213 170 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 17r" 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. Applicants obligation to indemnify, defend and hold harmless the City as stated herein shall Page 3 of 4 Resofution 18-6 213 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 C k a4r NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Michael T omas Chairperson ATTEST: rystal L nda�vv Planning CotTimission Secretary Page 4 of 4