HomeMy WebLinkAboutPC Res 17-25 - 2017-11-06 RESOLUTION NO. 17-25
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING MINOR USE
PERMIT 17-12 TO ALLOW THE REMOVAL AND
RECONSTRUCTION OF A FRONT PORCH AND THE
ADDITION OF AN ACCESSIBILITY RAMP IN THE STREET
SIDE SETBACK ON AN EXISTING NONCONFORMING
RESIDENCE IN THE RESIDENTIAL HIGH DENSITY (RHD-
20) ZONING AREA AT 249 16TH STREET.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1 . Felipe Contreras ("the applicant"), on behalf of owner
Thomas Brooks ("Owner"), submitted an application to the Community Development
Department for Minor Use Permit 17-12. The proposed project includes the removal
and reconstruction of a front porch and the addition of an accessibility ramp on a
nonconforming property 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 et seq.) for
the permitting of alterations to the exterior of an existing residential property where only
minor modifications are required for the renovation.
Section 3. A duly noticed public hearing was held before the Planning
Commission on November 6, 2017 to consider Minor Use Permit 17-12. 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 3,750 square feet. The property is approximately 37.5 feet wide by 100
feet deep. The site is surrounded by residential uses on all sides. The subject property
is currently developed with a one-story primary residence and a detached three-car
garage with an apartment above the garage at the rear of the property.
B. The subject site does not meet current development standards for
setbacks, density and parking, and the subject property is considered nonconforming in
the following particulars. Under Table 11.2.05.015 of the Seal Beach Municipal Code,
properties zoned RHD-20 are allowed one residential unit per every 2,178 sq. ft. of
land area. Because the subject property is 3,750 sq. ft., only one dwelling unit would
be allowed on the subject site, but the property has two dwelling units on-site. Based
on the dimensions of the property, the applicable development standard requires an
interior side yard setback of 3 ft. 9 in., but the front residence is only 2 ft. 6 in. away
from the interior side property line. Table 11.4.20.015.A.1 of the Seal Beach Municipal
Code provides that residential dwellings in the RHD-20 zone are required to provide
two off-street parking spaces per dwelling unit. The subject site contains two dwelling
Page 1 of 4
Resolution 17-25
249 16th Street
units which require four enclosed parking spaces, but the site only contains a three-car
garage and is deficient one parking space. The proposed improvements will not
expand any existing nonconformity because the proposed alterations will not reduce
any existing setbacks, add any additional dwelling units or affect the parking on site.
C. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows
minor improvements, exterior doors, the alteration or addition of roofs, balconies, decks
and porches of nonconforming properties.
D. The applicant is requesting to modify the existing primary residence
on the nonconforming property through the removal and reconstruction of a porch and
the addition of an accessibility ramp. No new bedrooms will be created and no
habitable space will be added, and the residence will conform to the provisions of
SBMC § 11.4.40.015.B.
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 minor improvements 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 removal and reconstruction of a porch and the addition of an accessibility
ramp, on a nonconforming property will not expand any nonconformity, and will be
consistent with other surrounding properties.
B. The proposed use is allowed within the applicable zoning district
with Minor 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 11.4.40.015.B) allows minor
improvement such as the alteration or addition of roofs, decks and porches to
nonconforming properties with approval of a Minor 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 a one-story primary residence and a detached three-car
garage with an apartment above the garage and is considered nonconforming due to
setbacks, density, and parking. The removal and replacement of the front porch and
addition of accessible ramp will not add habitable space and will maintain development
standards applicable to the RHD-20 zone. The improvements will not increase density
or change of use beyond the 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
Page 2 of 4
Resolution 17-25
249 16" Street
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 not add habitable space, will not change
existing operating characteristics of the 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 alteration of the existing front porch will not increase
bedrooms, or intensify uses on the property. 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 Minor Use Permit 17-12 for the removal and reconstruction of a front porch
and the addition of an accessibility ramp in the street side yard, on a nonconforming
property subject to the following conditions:
1. Minor Use Permit 17-12 is approved for the removal and reconstruction of a porch
and the addition of an accessibility ramp in the street side yard, on a nonconforming
property located at 249 16th Street.
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Minor Use Permit 17-12. 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. Applicant is required to adhere to all landscape requirements within the RHD-20
zoning area.
5. 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 Minor Use Permit, and from
any and all claims and losses occurring or resulting to any person, firm, corporation
Page 3 of 4
Resolution 17-25
249 16th Street
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 November 6, 2017, by the following vote:
AYES: Commissioners Thomas, Klinger, Campbell, Aguilar
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners Grgas
Chairperson
ATTEST:
st.anda,-:• o
/'fanning • mission Secretary
Page 4 of 4