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HomeMy WebLinkAboutPC Res 18-13 - 2018-08-20 RESOLUTION NO. 18-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 18-5 TO ALLOW AN INTERIOR REMODEL AND AN ADDITION TO THE 1ST AND 2ND STORY OF AN EXISTING RESIDENCE ON A PROPERTY THAT IS NONCONFORMING DUE TO SETBACKS AND LOT DEPTH IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Steven Sennikoff, ("the applicant") on behalf of property owners Steve and Kimberly Whaley, ("the owners") submitted an application to the Community Development Department for Conditional Use Permit 18-5. The proposed project includes an addition to the first and second story of existing two-story single family residence located at 301 8T" Avenue 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 August 20, 2018 to consider Conditional Use Permit 18-5. 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 site consists of a 2,899 sq. ft. parcel developed with a two-story single family residence and two car garage that is built up to the rear property line. The subject site is located on the northwest corner of the 8th Street and Electric Avenue intersection. The subject site is surrounded by residential uses on the north, east, and west with open space across Electric Avenue to the south. The subject property is located in the RHD-20 (Residential High Density — 20) zone. B. The subject property is currently developed with a two-story single family residence and detached two car garage. Based on the existing setback conditions, the subject property is considered nonconforming because the garage and residence do not maintain the required west side yard setback and front yard setback. The applicant is also requesting a Variance for the rear yard setback as the property does not abut an alley so the rear yard setback would be required to be 24 feet. The Page 1 of 4 Resolution 18-13 301 8"' Street proposed improvements will not expand any existing nonconformity. The proposed addition will maintain all current required setback. 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 habitable square footage to the first and second floor of a residential structure that conforms to all the requirements of the Municipal Code. The addition will not intensify the front and side nonconforming setback. D. The applicant is proposing to add approximately 522 square feet to the first and second stories of the residence. The proposed addition will not add any bedrooms or bathrooms to the existing two bedroom, two and a half bathroom residence. The proposed addition will result in additional lot coverage. The existing total lot coverage is 44.7% and is proposed to be increased to 52.61%, 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 will allow for the expansion of the kitchen, a larger bedroom on the second floor and the addition of a study/loft to the residence, will not expand any nonconformity, and will be consistent with other surrounding properties. The property is nonconforming because the garage and residence does not meet the required front and interior side yard 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 improvements such as the alteration or addition of habitable 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 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. Page 2 of 4 Resolution 18-13 301 8th 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 add approximately 522 square feet of habitable space, and will remain similar to surrounding residential uses throughout the RHD-20 zoned area. 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. The existing total lot coverage is 44.7% and is proposed to be increased to 52.61%, 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 18-5 for the addition of the first and second floors to an existing two-story single family residence which is a nonconforming property subject to the following conditions: 1 . Conditional Use Permit 18-5 is approved for the addition of a first and second story to an existing two-story single family residence which is nonconforming due to setbacks, on a nonconforming property located at 301 8th Street. 2. The approval of the conditional use permit is contingent on approval of the Variance VAR 18-1. 3. All plan check and future construction shall be in substantial compliance with the plans approved through Conditional Use Permit 18-5. All new construction shall comply with all applicable state and local codes. 4. The applicant must obtain approval from the California Coastal Commission prior to submitting for Building Plan Check. 5. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 6. 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 Page 3 of 4 Resolution 18-13 301 8"' Street 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 ciairns, 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 August 20, 2018, by the following vote: AYES: Commissioners r n �i PX O nnm 0.5 NOES: Commissioners 0,amOhe1` ABSENT: Commissioners V(�� ar ABSTAIN: Commissioners Michael Thomas Chairperson ATTEST: rysta'rP••avazo /Planning Co ••• mon Secretary Page 4 of 4