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HomeMy WebLinkAboutPC Res 18-09 - 2018-07-16RESOLUTION 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 ft!a&,l0.r- 6AW- Ptl145i TY�am�s NOES: Commissioners ABSENT: Commissioners IWinw- ABSTAIN: Commissioners ATTEST: Michael Tho Chairperson Page 3 of 4