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HomeMy WebLinkAboutPC Res 18-10 - 2018-07-16l: 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 11th 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 1 F^ 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"' 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 -10 133 111" 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 {�g A'Lr , (Amoyxi�F,d1c` S 1 ()wvra-s NOES: Commissioners ABSENT: Commissioners k \f,1acY ABSTAIN: Commissioners ATTEST: C al Lana azo anning Comm' i n Secretary Michael Thomas Chairperson Page 4 of 4