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Home My WebLink AboutPC Res 18-18 - 2018-09-17RESOLUTION NO. 18 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 18 -7 TO ALLOW AN INTERIOR REMODEL AND THE ADDITION TO THE SECOND STORY OF AN EXISTING SINGLE FAMILY RESIDENCE WHICH IS NONCONFORMING DUE TO SETBACKS ON A PARCEL LOCATED AT 640 TAPER DRIVE IN THE RESIDENTIAL LOW DENSITY (RLD -9) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Jesus Rivas ( "the applicant') submitted an application to the Community Development Department for Conditional Use Permit 18 -7 for an existing lot located at 640 Taper Drive. The proposed project includes an interior remodel and the addition to the second story to an existing single family residence which is nonconforming due to setbacks in the Residential Low Density (RLD -9) 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 September 17, 2018 to consider Conditional Use Permit 18 -7. 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 5,100 square feet. The property is approximately 51 feet wide by 100 feet deep. The site is surrounded by residential uses. B. The subject property is currently developed with a two -story single family residence and an attached 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 5 foot interior side yard setback. The proposed improvements will not expand any existing nonconformity. 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 residential structure conforms to all other requirements of the Municipal Code except the interior side yard setback. The proposed second floor addition will not intensify the nonconforming setback as it will maintain a five feet setback. Page 1 of 4 Resolution 18 -18 640 Taper Drive D. The applicant is proposing to add an 848 - square foot second story addition of habitable space to the residence and remodel the first floor. This will add a master bedroom and 2 bathrooms to the existing three - bedroom, two- bathroom residence. The house has a two -car attached garage. The proposed addition will not result in additional lot coverage to the existing 39 percent, which is less than the maximum 45% lot coverage that is permitted in the RLD -9 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 on the Hill 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 addition of a second master bedroom and two bathrooms to the residence, but will not expand any nonconformity and will be consistent with other surrounding properties. The property is nonconforming because the garage and residence do not meet the required five foot 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 Hill RLD -9 zone, an area where the Seal Beach Municipal Code (Section 11.4.40.020) allows additions and improvement such as the alteration or addition of additional 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 RLD -9 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 RLD -9 zone, which consists of properties developed as single family and multi - family residences. The improvement will add approximately 848 square feet of habitable space, and will remain similar to surrounding uses throughout RLD -9. 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 to the second floor will not increase the existing lot coverage to approximately 39 percent. The lot coverage on the subject site will continue Page 2 of 4 Resolution 18 -18 640 Taper Drive to be under the maximum 45 percent lot coverage permitted in the RLD -9 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 -7 for the remodel of the interior and addition to the second story to an existing single family residence which is a nonconforming property subject to the following conditions: 1. Conditional Use Permit 18 -7 is approved for the remodel and addition to the second story of an existing single family residence which is nonconforming due to setbacks, on a nonconforming property located at 640 Taper Drive. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Conditional Use Permit 18 -7. 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. 5. The applicant must obtain approval from the California Coastal Commission prior to submitting to the Building Department for plan check. 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. Page 3 of 4 Resolution 18 -18 640 Taper Drive PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on September 17, 2018, by the following vote: AYES: Commissioners u;tjay I mfLoLA% i 61V'kii +nAty j3ny aS� NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: tal LaWing Cr mmi n Secretary Michael Thomas Chairperson Page 4 of 4