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HomeMy WebLinkAboutPlanning Commission Agenda Packet 07-16-2018• • • CITY OF SEAL BEACH PLANNING COMMISSION AGENDA Monday, July 16, 2018 — 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, CA 90740 District 1 — Victor Grgas District 2 — Robert Aguilar District 3 — Michael Thomas, Chair District 4 — Patty Campbell District 5 — Mariann Klinger - Vice -Chair Department of Community Development Crystal Landavazo, Interim Director Steven Fowler, Assistant Planner Amy Greyson, Assistant City Attorney • City Hall office hours are 8: 00 a. m. to 5: 00 P. m. Monday through Friday. Closed noon to 1:00 P.M. • The City of Seal Beach complies with the Americans with Disabilities Act. If you need assistance to attend this meeting please telephone the City Clerk' s Office at least 48 hours in advance of the meeting at (562) 431 -2527. • Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website ( www. sea lbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on- demand on the website. • DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD. Telephone: (562) 596 -1404. • Copies of staff reports and /or written materials on each agenda item are available for public inspection in City libraries or on the City website at: http: / /sealbeachca.suiteonemedia.com /web /home.aspx PLANNING COMMISSION AGENDA INFORMATION SHEET The following is a brief explanation of the Planning Commission agenda structure: AGENDA APPROVAL: The Planning Commission may wish to change the order of the items on the agenda. ORAL COMMUNICATIONS: Anyone wishing to address the Planning Commission on tonight's agenda may do so during this time period. The Planning Commission may also allow the public to address any other matters within the subject matter jurisdiction of the Planning Commission. No action can be taken by the Planning Commission on these communications on this date, unless agendized. CONSENT CALENDAR: Consent Calendar items are considered routine items that normally do not require separate consideration. The Planning Commission may make one motion for approval of all the items listed on the Consent Calendar. DIRECTOR' S REPORT: Updates and reports from the Director of Community Development (Planning and Building Divisions) are presented for information to the Planning Commission and the public. COMMISSION CONCERNS: Items of concern are presented by the Planning Commissioners and discussed with staff. . SCHEDULED MATTERS: These items are considered by the Planning Commission separately and require separate motions. These transactions are considered administrative and public testimony is not heard. PUBLIC HEARING ITEMS: Public Hearings allow citizens the opportunity to speak in favor of or against agendized items. More detailed information is found in the actual agenda attached. If you have documents to distribute, you should have enough copies for all Planning Commissioners, City staff, and the public. Please give one to the secretary for the City files. The documents become part of the public record and will not be returned. All proceedings are recorded. E CALL TO ORDER • PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matterjurisdiction of the Commission. Pursuant to the Brown Act, the Commission cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of 5 minutes. CONSENT CALENDAR 1. Approval of Minutes from Meeting of June 18, 2018. CONTINUED ITEMS • SCHEDULED MATTERS NEW BUSINESS 2. Minor Use Permit (MUP) 18 -5 211 3rd Street Applicant: Green's Construction Consulting and Design Request: Request for a Minor Use Permit to allow the addition of a glass door and a front porch across the entire front of and existing residence that is nonconforming due to setbacks, density and parking located in the Residential High Density (RHD -20) zoned area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 18 -8, APPROVING Minor Use Permit 18 -5 with Conditions. PUBLIC HEARINGS • 3. Conditional Use Permit (CUP) 18 -3 215 Ocean Avenue Applicant: Paul Masoner Request: Request for a Conditional Use Permit to allow the addition • of a 117 square feet closet to an existing single - family residence, on a property that is nonconforming due to setbacks in the Residential High Density (RHD -20) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 18 -9, APPROVING Conditional Use Permit 18 -3 with Conditions. 4. Conditional Use Permit (CUP) 18 -4 133 11th Street Applicant: Keith Moore Request: Request for a Conditional Use Permit (CUP) 18 -4 to allow the addition of a front porch across the entire front of the existing single - family residence located in the Residential High Density (RHD -20)) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 18-10, . APPROVING Conditional Use Permit 18 -4 with Conditions. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday, August 6, at 7:00 p.m. • • seal Al �IFpftN� / E DATE: PLANNING COMMISSION STAFF REPORT July 16, 2018 TO: Planning Commission THRU: Robin Roberts, City Clerk FROM: Crystal Landavazo, Interim Community Development Director SUBJECT: Approval of Minutes RECOMMENDATION: Approve the minutes for the Planning Commission meeting held on June 18, 2018 Prepared by: Robin L. Roberts Robin Roberts City Clerk Attachment: 1. Minutes Approved by: Crystal Landavazo Crystal Landavazo Interim Director of Community Development n E City of Seal Beach — Planning Commission June 18, 2018 Chair Thomas called the regular meeting of the Planning Commission to order at 7:00 p.m. in the City Council Chambers. Commissioner Grgas led the Pledge of Allegiance. Present: Commissioners: Campbell, Klinger, Grgas, Thomas, Aguilar Absent: None Staff Present: Amy Greyson, Assistant City Attorney Crystal Landavazo, Interim Community Development Director Steven Fowler, Assistant Planner Robin L. Roberts, City Clerk APPROVAL OF AGENDA Motion by Campbell, second by Aguilar, to approve Agenda. AYES: Aguilar, Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Thomas opened oral communications. Speakers: None. Chair Thomas closed oral communications. CONSENT CALENDAR 1. Approval of Planning Commission meeting minutes from May 7, 2018 Motion by Campbell, second by Klinger, to approve items on Consent Calendar. AYES: Aguilar, Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried SCHEDULED MATTERS There were no scheduled matters. CONTINUED ITEMS There were no continued items. 41 NEW BUSINESS 2. Minor Use Permit (MUP) 18 -3 304 Central Avenue Applicant: Jon Udoff Request: Request for a Minor Use Permit (MUP) 18 -3 to allow the addition of a front porch across the entire front of the existing single - family residence located in the Residential High Density (RDH -20) zoning area. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 18 -7, APPROVING Minor Use Permit 18 -3 with Conditions. Assistant Planner Steve Fowler provided a comprehensive staff report and indicated no correspondence was received regarding the project. Chair Thomas opened the public hearing. Speakers: Jon Udoff indicated he was available for questions if needed. Chair Thomas closed public comment. Aguilar moved, second by Campbell, to adopt Resolution No.18 -7, APPROVING Minor Use Permit 18 -3 with Conditions. AYES: Aguilar, Campbell, Grgas, Klinger, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried Assistant City Attorney Greyson noted that the ten -day appeal period starts tomorrow. PUBLIC HEARINGS There were no public hearing items. DIRECTOR'S REPORT Interim Director Landavazo had no comments. COMMISSION CONCERNS Interim Director of Community Development addressed Chair Thomas' regarding whether the DWP property would affect the Planning Commission. • ADJOURNMENT Chair Thomas adjourned the Planning Commission meeting at 7:10 p.m. to Monday, July 2, 2018 at 7:00 p.m. Approved: Attest: • • Michael Thomas, Chair Robin L. Roberts, City Clerk Robin L. Roberts, City Clerk PLANNING COMMISSION STAFF REPORT ""tIFORNP :� DATE: July 16, 2018 TO: Planning Commission THRU: Crystal Landavazo, Interim Community Development Director FROM: Steve Fowler SUBJECT: REQUEST FOR A MINOR USE PERMIT (MUP 18 -5) TO ALLOW THE ADDITION OF A FRONT PORCH ACROSS THE ENTIRE FRONT OF THE EXISTING RESIDENCE AND INSTALL A SLIDING DOOR ON A NONCONFORMING RESIDENCE LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA. LOCATION: 211 3rd Street APPLICANT: Green's Construction Consulting and Design RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning is Commission adopt Resolution No. 18 -8, APPROVING Minor Use Permit 18 -5 with Conditions. GENERAL PLAN RESIDENTIAL HIGH DENSITY DESIGNATION: ZONE: RHD -20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION: ASSESSOR'S PARCEL NUMBER: 199- 142 -12 LOT AREA: 3,525.8 SQ. FT. GROSS FLOOR AREA: 1,946 SQ. FT. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY (RHD -20) SOUTH: RESIDENTIAL HIGH DENSITY (RHD -20) EAST: RESIDENTIAL HIGH DENSITY (RHD -20) WEST: RESIDENTIAL HIGH DENSITY (RHD -20) • • • ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 1 (Existing Facility) 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 an addition and exterior remodel at an existing nonconforming residence where only minor modifications are required for the renovation. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on July 5, 2018 and mailed to property owners and occupants within a 300' radius of the subject property on July 5, 2018, with affidavits of publishing and mailing on file. VICINITY MAP: C s,.i 1I ... e V7. _T ro �� a� - � I ANALYSIS AER' "r RRAM. Green's Construction Consulting and Design, ( "the applicant ") on behalf of Jerry Guzzeta ( "the owner "), filed an application for Minor Use Permit 18 -5 requesting approval to allow the addition of a front porch across the entire front of the existing single - family residence and a glass front door. The subject site is located on the west side of 3r° Street between Central Avenue and Central Way in the Old Town area. The parcel is developed with a single -story residence and detached two -car garage with a unit above. 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 parking and density. According to Table 11.2.05.015.A.1 of the Seal Beach Municipal Code, residential uses in the RHD -20 zone are required to provide 2 off - street parking spaces per dwelling unit. The subject site contains two dwelling units and, by current code standards, is required to have 4 enclosed parking spaces. However, the site only contains two enclosed parking spaces within a garage which makes the site deficient by 2 parking spaces. Table 11.2.05.015 of the Seal Beach Municipal Code, identifies that properties zoned RHD -20 are allowed one residential unit per every 2,178 sq. ft. of land area. The subject property is a 3,525 sq. ft. interior parcel with two dwelling units on the site when only 1 would be allowed by the current zoning regulations that pertain to density. Seal Beach Municipal Code Table 11.2.05.015 requires interior lot properties in the RHD -20 zone to maintain a rear setback that is 24 feet minus the alley width. The subject property measures approximately 30 feet wide by 117.5 feet deep. The rear yard setback is required to be 9 feet as the alley is 15 feet wide, currently the plans indicate the rear yard setback is 1 foot. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements which involve roof additions over balconies and porches through the approval of a Minor Use Permit. The applicant proposes to construct a front porch across the entire frontage of the existing residence and install a glass sliding door. The alterations proposed on the subject site are consistent with the provisions of this code. The Seal Beach Municipal Code ( §11.2.05.015.K) sets standards for front porches which generally allow porches to project 6 feet into the front yard setback as long as the porch does not exceed 50% of the building width. Subsection 3 of this code regulation allows the Planning Commission to approve a Minor Use Permit for a greater porch width. The applicant is requesting approval to extend the porch to match the full building width because they will meet the standards of §11.2.05.015.K as noted below. 1) The front porch is open on 2 or more sides. The proposed front porch is open on three sides. 2) The porch enclosure, including roof, parapets, and railings does not exceed 14 feet in height. The porch is proposed to be 9 feet 6 1/2 inches in height. 3) The porch does not exceed 50% of the front of the building width measured at the front fagade. Greater width may be approved pursuant to a Minor Use Permit pursuant to Chapter 11.5.20: Development Permits. The applicant is requesting a porch that extends across the entire front of the existing residence which requires approval of a Minor Use Permit. 4) Stairs leading up to the porch, which are less than 2 feet above grade, may project an additional 4 feet into the required front yard setback. The closest step is 11 feet from the property line and 5 feet from the minimum front yard setback line of 6 feet. The proposed alterations will not increase habitable space and conforms to all setbacks and height requirements for the Residential High Density (RHD -20) zoning area. The applicant is proposing to construct a front porch up to the required front setback that will extend across the entire front of the house. The new porch will add approximately 120 square feet. C� • • E CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 18 -8 approving MUP 18-5 to permit a new front porch and new sliding glass door on an existing residence on a nonconforming site at 211 3°' Street. Prepared by: Steve Fowler Steve Fowler Community Development Department Crwal Landavazo Crystal Landavazo Interim Director of Community Development Attachments: 1. Resolution No. 18 -8 — A Resolution of the Planning Commission of the City of Seal Beach, Approving Minor Use Permit 18 -5 to Allow the addition of a front porch across the entire front of the existing residence and the installation of sliding glass door located at 211 31d Street in the Residential High Density (RHD -20) Zoning Area. 2. Project architectural plans. 1:7 11rrrn104 rls ra. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 18 -5 TO ALLOW THE ADDITION OF A GLASS DOOR AND A FRONT PORCH ACROSS THE ENTIRE FRONT OF AN EXISTING RESIDENCE AT A RESIDENCE THAT IS NONCONFORMING DUE TO SETBACKS, DENSITY AND PARKING LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONED AREA AT 211 3RD STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Green's Construction Consulting and Design ( "the applicant ") on behalf of Jerry Guzzeta ( "the owner ") submitted an application to the Community Development Department for Minor Use Permit 18 -5. The proposed project includes the installation of a sliding glass door and construction of a porch across the entire front of the primary residence on a property which is nonconforming due to setbacks, density, and parking located in the Residential High Density (RHD -20) zoning area. Section 2. This project is determined to be a Class 1 (Existing Facility) 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 an addition and exterior remodel at an existing nonconforming residence where only minor modifications are required for the renovation. • Section 3. A duly noticed public meeting was held before the Planning Commission on July 16, 2018 to consider Minor Use Permit 18 -5. At the public meeting, 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 applicant submitted an application to the Community Development Department for Minor Use Permit 18 -5 for a proposed project at 211 3rd Street, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 37525 qu a feet. The subject property has a lot width of 30 feet with a lot depth of 117.5 feet. The site is surrounded by residential uses on three sides with the beach to the south. C. The subject property is currently developed with a duplex. Based on the setback, density, and parking conditions, the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity because no new bedrooms or additional habitable square footage is proposed. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.6) allows minor improvements which involve doors, roof additions over balconies and porches through the approval of a Minor Use Permit. The applicant is requesting to install a sliding glass door and construct a front porch across the entire front of the primary residence. is Page 1 of 4 Resolution 18 -8 211 3ftO Street E. The Seal Beach Municipal Code (SBMC § 11.2.05.015.K) states front porches may project into the required front yard setback if the following four standards are met: 1. The front porch is open on 2 or more sides. The proposed front porch is open on three sides; 2. The porch enclosure, including roof, parapets, and railings does not exceed 14 feet in height. The porch is proposed to be 9 feet 6 1/2 inches in height; 3. The porch does not exceed 50% of the front of the building width measured at the front fagade. Greater width may be approved pursuant to a Minor Use Permit pursuant to Chapter 11.5.20: Development Permits. The application is requesting a porch that extends across the entire front of the existing residence which requires approval of a Minor Use Permit; 4. Stairs leading up to the porch, which are less than 2 feet above grade, may project an additional 4 feet into the required front yard setback. The closest step is 11 feet from the property line and 5 feet from the minimum front yard setback line of 6 feet. ®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 installation of a sliding glass door and the porch across the front of the existing residence will not change the character of the 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 which involves roof additions over balconies and porches such as the installation of a glass door and front porch 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 duplex and is considered nonconforming due to setbacks, density and parking. The installation of a glass door and front porch will not add habitable space and will maintain development standards applicable to the RHD -20 zone. The improvement will not ® increase density or change beyond existing use of the property. Page 2 of 4 Resolution 18 -8 211 3RD Street 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 not add habitable space, will not change existing operating characteristics of the duplex, 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 installation of a glass door and front porch will not increase bedrooms, exceed the bedroom /bathroom ratio authorized under the development standards, or intensify use 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 18 -5 for installation of a sliding glass door and porch across the entire front of the existing primary residence to the nonconforming duplex is subject to the following conditions: 1. Minor Use Permit 18 -5 is approved for the installation of a sliding glass door and front porch across the entire front of the existing primary residence to the nonconforming property located at 211 3rd Street. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 18 -5. 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, and finishes of the wall finish will be consistent with existing roof pitches 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 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. Page 3 of 4 Resolution 18 -8 211 3RD Street • PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on July 16, 2018, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Crystal Landavazo Planning Commission Secretary I—] • Michael Thomas Chairperson Page 4 of 4 SEA, PLANNING COMMISSION i �«P STAFF REPORT DATE: July 16, 2018 TO: Planning Commission THRU: Crystal Landavazo, Interim Community Development Director FROM: Steve Fowler SUBJECT: REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW THE ADDITION OF A 117 SQUARE FEET CLOSET TO AN EXISTING SINGLE- FAMILY RESIDENCE, ON A PROPERTY THAT IS NONCONFORMING DUE TO SETBACKS IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA. LOCATION: 215 Ocean Avenue APPLICANT: Paul Masoner RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning • Commission adopt Resolution No. 18 -9, APPROVING Conditional Use Permit 18 -3 with Conditions. GENERAL PLAN RESIDENTIAL HIGH DENSITY DESIGNATION: ZONE: RHD -20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION: ASSESSOR'S PARCEL NUMBER: 199- 146 -16 LOT AREA: 5,435 SQ. FT. GROSS FLOOR AREA: 2,518 SQ. FT. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY (RHD -20) SOUTH: RESIDENTIAL LOW DENSITY (RLD -9) EAST: RESIDENTIAL HIGH DENSITY (RHD -20) WEST: RESIDENTIAL HIGH DENSITY (RHD -20) l J • E • ENVIRONMENTAL ASSESSMENT 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 an addition to an existing residence, where the addition will not increase the floor area more than 50 percent. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on July 5, 2018 and mailed to property owners and occupants within a 500' radius of the subject property on July 5, 2018, with affidavits of publishing and mailing on file. VICINITY MAP: I ,,) /.,r ,<,i x,.,e ANALYSIS 0d:7.._..._„ Paul Stephen Masoner, ( "the applicant "), filed an application for Conditional Use Permit 18 -3 requesting approval to allow the addition of a 117 square feet closet, to a single family residence with a detached 2 car garage. The subject site is located on the northwest corner of Ocean Avenue and 31a Street in the Old Town area. The parcel is developed with a two -story single family residence and 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 corner side yard and rear yard setbacks. According to Table 11.2.05.015 of the Seal Beach Municipal Code, corner lot properties in the RHD -20 zone are required to maintain a corner side yard setback that is 15% of the lot width and a rear yard setback that is 24 feet minus alley width. The subject property measures approximately 50 feet wide by 110 feet long. Based on these dimensions, the development standard requires a corner side setback of 7 feet 6 inches and a rear setback of 9 feet. The detached garage has a rear setback of 1 foot and the residence has a corner side setback of 6 feet. The applicant is proposing to add 117 square feet to the master bedroom on the first floor of the residence to add a closet. The proposed addition will result in additional lot coverage to the existing 2,153 square feet increasing the square footage to a total of 2,270 square feet or 41 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. All interior remodel improvements and additions to the residential property conform to all the requirements of the municipal code. The Conditional Use Permit is required due to the parcel having a structure that does not meet setback requirements. The addition will not intensify the nonconforming setback as it will setback 5 feet from the property line along the interior side yard setback. The proposed addition is consistent with other residential properties and does not intensify the existing nonconformity on the property because the addition is being proposed to meet the setback requirements for the RHD -20 zone and will maintain all required setbacks. The alterations proposed on the subject site are consistent with the provisions of this code. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 18 -9 approving CUP 18-3 to permit the addition of a 117 square feet closet on an existing residence on a nonconforming site at 215 Ocean Avenue. Prepared by: Steve Fowler Crystal landovazo Steve Fowler Crystal Landavazo Community Development Department Interim Director of Community Development Attachments: 1. Resolution No. 18 -9 — A Resolution of the Planning Commission of the City of Seal Beach, Approving Conditional Use Permit 18- to permit the addition of a 117 square feet closet on an existing residence on a nonconforming site at 215 Ocean Avenue in the Residential High Density (RHD -20) Zoning Area. 2. Project architectural plans. • RESOLUTION NO. 18 -9 ® A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 18 -3 TO ALLOW THE ADDITION OF A 117 SQUARE FEET CLOSET TO AN EXISTING SINGLE - FAMILY RESIDENCE, ON A NONCONFORMING PROPERTY IN THE RESIDENTIAL HIGH DENSITY (RHD- 20) ZONING AREA AT 215 OCEAN AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Paul Stephen Masoner owner, ( "the applicants ") submitted an application to the Community Development Department for Conditional Use Permit 18 -3. The proposed project includes the addition of a 117square feet closet, 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 an addition to an existing residence, where the addition will not increase the floor area more than 50 percent. Section 3. A duly noticed public hearing was held before the Planning Commission on July 16, 2018 to consider Conditional Use Permit 18 -3. 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 applicant submitted an application to the Community Development Department for Conditional Use Permit 18 -3 for a proposed project at 215 Ocean Avenue, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 5,435 square feet. The property is approximately 50 feet wide by 110 feet deep. The site is surrounded by residential uses on all sides. C. The subject property is currently developed with a two story single family residence and a detached two car garage at the rear. Based on the existing setback conditions, the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity. D. The Seal Beach Municipal Code (SBMC § 11.4.40.020) allows for additions to nonconforming properties that are nonconforming due to setbacks and /or exceeds maximum height requirements. The subject site is nonconforming due to street side and rear yard setbacks. E. The applicant is requesting to modify the existing residence on the nonconforming property through addition of a closet. 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: Page 1 of 3 Resolution 18 -9 215 Ocean Avenue 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 addition of a closet, 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 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 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 of a closet attached to the master bedroom, will add habitable space and will maintain development standards applicable to the RHD -20 zone. The improvements will not increase density or 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 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 will not increase bedrooms, or intensify use 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 Conditional Use Permit 18 -3 for the addition of a 117 square feet closet, on a nonconforming property subject to the following conditions: 1. Conditional Use Permit 18 -3 is approved for the addition of a 117 square feet closet, on a nonconforming property located at 215 Ocean Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Conditional Use Permit 18 -3. 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. Page 2 of 4 Resolution 18 -9 215 Ocean Avenue • 6. This Conditional 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 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 July 16, 2018, by the following vote: • AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Crystal Landavazo Planning Commission Secretary • Michael Thomas Chairperson Page 3 of 4 PLANNING COMMISSION 1` STAFF REPORT DATE: July 16, 2018 TO: Planning Commission THRU: Crystal Landavazo, Interim Community Development Director FROM: Steve Fowler, Assistant Planner SUBJECT: REQUEST FOR A CONDITIONAL USE PERMIT (CUP 18 -4) TO ALLOW AN INTERIOR REMODEL, ADDITION TO THE FIRST FLOOR MASTER BEDROOM, AND NEW FRONT PORCH TO THE PRIMARY UNIT ALONG WITH A TANDEM 2 CAR GARAGE ON A PROPERTY THAT IS DEVELOPED WITH TWO UNITS AND IS NONCONFORMING DUE TO SETBACKS IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA. LOCATION: 133 11th Street APPLICANT: Keith Moore • RECOMMENDATION: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 18 -10, APPROVING Conditional Use Permit 18 -4 with Conditions. GENERAL PLAN RESIDENTIAL HIGH DENSITY DESIGNATION: ZONE: RHD -20 (RESIDENTIAL HIGH DENSITY) SITE DESCRIPTION: ASSESSOR'S PARCEL NUMBER: 199- 042 -07 LOT AREA: 4,406.25 SQ. FT. GROSS FLOOR AREA: 2,169 SQ. FT. SURROUNDING PROPERTIES: NPRTH: RESIDENTIAL HIGH DENSITY (RHD -20) SOUTH: RESIDENTIAL HIGH DENSITY (RHD -20) EAST: RESIDENTIAL HIGH DENSITY (RHD -20) WEST: RESIDENTIAL HIGH DENSITY (RHD -20) • 0 ENVIRONMENTAL ASSESSMENT 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. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on July 5, 2018 and mailed to property owners and occupants within a 500' radius of the subject property on July 5, 2018, with affidavits of publishing and mailing on file. VICINITY MAP: ti Y ANALYSIS AERIAL MAP: Keith Moore, ( "the applicant ") on behalf of David Moore ( "the owner "), filed an application for Conditional Use Permit 18 -4 requesting approval to allow an interior remodel, addition to the first floor master bedroom, and a new front porch to the primary unit along with a tandem 2 car garage on a property that is currently developed with two units. The subject site is located on the west side of 11th Street between Central Avenue and Ocean Avenue in the Old Town area. The parcel is developed with a two -story duplex and detached two -car garage with a single -car carport. The subject site is located in the RHD -20 zone and is surrounded by residential uses on all sides. The subject property is currently considered nonconforming due to setbacks and parking. Table 11.2.05.015 of the Seal Beach Municipal Code requires interior lot properties in the RHD -20 zone to maintain an interior side yard setback that is 10 percent of the lot width. The subject property measures approximately 37.5 feet wide by 117.5 feet deep. The interior side yard setback is required to be 3 feet 9 inches and the existing south interior side yard setback is 3 feet 4 inches. The interior side yard setback for the addition is proposed to be 3 feet 9 inches to meet current code requirements. Table 11.2.05.015.A.1 of the Seal Beach Municipal Code requires residential uses in the RHD - 20 zone to provide 2 off - street parking spaces per dwelling unit. The subject site is large enough to meet the density requirements for the two existing dwelling units on the site but, by • current code standards, is required to have 4 enclosed parking spaces. The site only contains two enclosed parking spaces within a garage and one parking space in a carport. The applicant is proposing to remove the carport and construct a tandem 2 car garage to bring the property into conformity with regard to the parking requirements. The applicant is proposing to construct a 175 square feet first floor addition, interior remodel, and a new front porch, along with a tandem 2 car garage. This will add habitable square footage to the residence by extending the master bedroom. The proposed addition will result in additional lot coverage beyond the existing 1,695.5 square feet, because the addition will increase the habitable space by 175 square feet, along with 364 square feet for the new garage and 108 square feet for the new front porch, resulting in a total of 2,342.5 square feet or 53 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 § 11.4.40.035.A) states that the Planning Commission may grant a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, to replace a nonconforming use with another nonconforming use only if the Commission finds that the new use is more conforming to the general plan and zoning ordinance than the previous use. The Conditional Use Permit is required because the property has a structure that does not meet setback requirements and does not meet current parking requirements. The applicant intends to bring the property into conformance with current parking requirements by adding a new two -car garage to serve the second dwelling unit on the property. The proposed addition will not intensify the nonconforming setback as it will maintain the required setback of 3 feet 9 inches from the property line. The applicant's request to provide a two -car garage as part of his request for a new front porch and 175 square feet addition to the primary unit's master bedroom will bring the property more into conformance with the Municipal Code because it will only be nonconforming on one interior side yard setback. The alterations proposed on the subject site are consistent with the provisions of this code and consistent with the characteristics of the surrounding neighborhood. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt the attached Resolution No. 18-10 approving CUP 18-4 to permit an interior remodel, addition to the first floor master bedroom, and new front porch to the primary unit along with a tandem 2 car garage on an existing nonconforming property at 133 1111 Street Prepared by: Steve Fowler Crustal Landavazo Steve Fowler Crystal Landavazo Community Development Department Interim Director of Community Development Attachments: 1. Resolution No. 18 -10 — A Resolution of the Planning Commission of the City of Seal Beach, Approving Conditional Use Permit 18 -4 to permit an interior remodel, addition to the first floor master bedroom, and new front porch to the primary unit along with a tandem 2 car garage on an existing residence on a nonconforming site at 133 11'h Street in the Residential High Density (RHD -20) Zoning Area. 2. Project architectural plans. • is • RESOLUTION NO. 18-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 18 -4 TO ALLOW AN INTERIOR REMODEL, ADDITION TO THE FIRST FLOOR MASTER BEDROOM, AND NEW FRONT PORCH TO THE PRIMARY UNIT ALONG WITH A TANDEM 2 CAR GARAGE ON A PROPERTY THAT IS DEVELOPED WITH TWO UNITS AND IS NONCONFORMING DUE TO SETBACKS AND PARKING IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Keith Moore ( "the applicant "), on behalf of David Moore ( "the owner "), submitted an application to the Community Development Department for Conditional Use Permit 18 -4. The subject site is nonconforming due to a deficient interior side setback and deficient parking on a property that is developed with two dwelling units. The proposed project includes an interior remodel, master bedroom addition of 175 sq. ft., and new front porch on the primary unit along with a new tandem two -car garage to bring the property into conformance with current parking regulations. The • subject site is located 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 July 16, 2018 to consider Conditional Use Permit 18 -4. 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 4,406 square feet. The property is approximately 37.5 feet wide by 117.5 feet deep. The site is surrounded by residential uses on the all sides. B. The subject property is currently developed with a two -story duplex and detached two car garage with an attached carport at the rear. Based on the existing setback conditions, the subject property is considered nonconforming because the residence does not maintain the required side yard setback and the carport does not meet the parking requirement for the second dwelling. The proposed improvements will not expand any existing nonconformity. The proposed addition will maintain all current Page 1 of 4 Resolution 18 -10 133 11'h Street required setbacks and the new garage will add additional parking spaces to meet the parking requirement for two dwelling units. C. The Seal Beach Municipal Code (SBMC § 11.4.40.035.A) states that the Planning Commission may grant a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits, to replace a nonconforming use with another nonconforming use only if the commission finds that the new use is more conforming to the general plan and zoning ordinance than the previous use. The Conditional Use Permit is required because the property has a structure that does not meet setback requirements and does not meet current parking requirements. The applicant intends to bring the property into conformance with current parking requirements by adding a new two -car garage to serve the second dwelling unit on the property. The proposed addition will not intensify the nonconforming setback as it will maintain the required setback of 3 feet 9 inches from the property line. The applicant's request to provide a two -car garage as part of his request for a new front porch and 175 square feet addition to the primary unit's master bedroom will bring the property more into conformance with the Municipal Code because it will only be nonconforming on one interior side yard setback. D. The applicant is proposing to add 175 square feet of habitable square footage, with an additional 364 square feet new garage, and 108 square feet new front porch. This will add habitable space to the master bedroom. The proposed addition will result in additional lot coverage to the existing 1,695.5 square feet habitable space by 175 square feet, along with 364 square feet for the new garage and 108 square feet for the new front porch, to a total of 2,342.5 square feet or 53 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. Upon completion of the proposed additions, the property will nonconforming only with respect to the south interior setback, which does not meet the required 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 11.4.40.035.A) allows a Conditional Use Permit to replace a nonconforming use with another nonconforming use only if the Planning Commission finds that the new use is more conforming to the • Page 2 of 4 Resolution 18 -10 133 111h Street general plan and zoning ordinance than the previous use. The proposed additions will bring the property more into conformance with the existing Municipal Code because it will provide additional parking. The remaining nonconformity will be a deficiency of 5 inches on an interior side yard. 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 two -story duplex and detached two car garage with an attached carport at the rear and is considered nonconforming due to the interior side yard setback and insufficient parking only. The addition to the residence for the addition of 175 square feet of habitable space, with an additional 364 square feet new garage, and 108 square feet for the new front porch will eliminate the parking deficiency and 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 175 square feet of habitable space with an additional 364 square feet new garage, and 108 square feet for the new front 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 1,695.5 square feet increasing the habitable space by 175 square feet, along with a 364 square feet garage and 108 square feet front porch, to a total of 2,342.5 square feet or 53 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 -4 for the interior remodel, addition to the first floor master bedroom, and new front porch to the primary unit along with a tandem 2 car garage to an existing duplex which is a nonconforming property subject to the following conditions: 1. Conditional Use Permit 18 -4 is approved for the interior remodel, addition to the first floor master bedroom, and new front porch to the primary unit along with a tandem two -car garage to an existing duplex which is nonconforming due to setbacks and parking, on a nonconforming property located at 133 11'h Street. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Conditional Use Permit 18 -4. All new construction shall • comply with all applicable state and local codes. Page 3 of 4 Resolution 18 -10 133 1 11^ Street 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" 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 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 July 16, 2018, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Michael Thomas Chairperson ATTEST: Crystal Landavazo Planning Commission Secretary • Page 4 of 4