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Home My WebLink AboutPC Res 18-07 - 2018-06-18RESOLUTION NO. 18 -7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 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 (RHD -20) ZONING AREA AT 304 CENTRAL AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Jon Udoff ('the applicant ") on behalf of Suzanne L. Smith ( "the owner "), submitted an application to the Community Development Department for Minor Use Permit 18 -3. The proposed project includes 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. 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 meeting was held before the Planning Commission on June 18, 2018 to consider Minor Use Permit 18 -3. 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 -3 for a proposed project at 304 Central Avenue, Seal Beach, California. B. The subject property is a parallelogram in shape with a lot area of approximately 2,565 square feet per assessor's records. The property is approximately 25.85 feet wide by 100 feet deep. The site is surrounded by residential uses on all sides. C. The proposed alteration will not increase habitable space and conforms to all setbacks and height requirements for the Residential High Density (RHD -20) zoning area. D. 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; Page 1 of Resolution 18 -7 304 Central Avenue 2. The porch enclosure, including roof, parapets, and railings does not exceed 14 feet in height. The porch is proposed to be 12 feet 8 inches in height; I 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 8 feet 4 inches from the property line and 1 foot 8 inches 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 proposed alteration will be compatible with the architectural style the existing residence exhibits and will not change the character of the property, will maintain all requirements of the zoning area, 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 11.2.05.015.K) allows front porches to project into the required front yard setback 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 single - family residence with an attached two -car garage. The addition of the front porch across the entire front of the existing residence will maintain development standards applicable to the RHD -20 zone. The improvement will not increase density or change beyond the existing use of the 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 not add habitable space, will not change existing operating characteristics of the single family residence, and will remain similar to surrounding uses throughout RHD -20. Page 2 of 4 Resolution 18 -7 304 Central Avenue 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 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 -3 for the addition of a front porch across the entire front of the existing single - family residence in the required front setback subject to the following conditions: 1. Minor Use Permit 18 -3 is approved for the addition of a front porch across the entire front of the existing single - family residence in the required front setback located at 304 Central Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor 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. 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. 5. 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 -7 304 Central Avenue PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on June 18, 2018, by the following vote: AYES: Commissioners / NOES: �r Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Michael Thomas Chairperson ATTEST: j ta Java ning Co sion Secretary Page 4 of 4