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HomeMy WebLinkAboutPC Res 18-08 - 2018-07-16RESOLUTION 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 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 3,525 square 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.B) 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. Page 1 of 4 Resolution 18 -8 211 3RD 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 11.4.40.015.8) 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 31d 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 P16"Oar 1 CAM' tt i hr5a5 j 0Cna5 NOES: Commissioners ABSENT: Commissioners \',nocY ABSTAIN: Commissioners ATTEST: Michael Thomas Chairperson Page 4 of 4