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HomeMy WebLinkAboutPC Res 18-19 - 2018-11-05G7=067IL4 9 NL!► omiE:Aim'] A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 18 -9 TO ALLOW THE REPLACEMENT OF A STAIRCASE TO AN EXISTING MULTI - FAMILY RESIDENCE, ON A PROPERTY THAT IS NONCONFORMING DUE TO DENSITY AND PARKING IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA AT 350 12TH STREET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. DLC Enterprises ( "the applicant'), submitted an application to the Community Development Department for Minor Use Permit 18 -9. The proposed project includes the replacement of a staircase to an existing Multi- family residence that is nonconforming due to 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 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 a staircase to an existing multi - family residence, where only minor modifications are required for the renovation. Section 3. A duly noticed public meeting was held before the Planning Commission on November 5, 2018 to consider Minor Use Permit 18 -9. 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 -9 for a proposed project at 350 12"' Street, Seal Beach, California. B. The subject property is rectangular in shape with a lot area of approximately 2,937 square feet per assessor's records. The property is approximately 25 feet wide by 117.5 feet deep. The site is surrounded by residential uses on the north, south and east with the park on the west side. C. The subject property is currently developed with a 4 unit apartment building and a detached 2 -car garage. Based on the existing front yard setback condition and the density, 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 § 11.4.40.015.8) allows minor improvements which involve the removal or alteration the exterior doors, stair cases and balconies, provided the bedroom /bathroom ratio does not exceed one and one half bathrooms for each bedroom. Page 1 of 3 Resolution 18 -19 350 121" street Section 4. Based upon the facts contained in the record, lincluding 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 proposed alteration of the staircase will be compatible with the architectural style of the existing building and will not change the character of the property, will maintain all requirements of the zoning area, 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.B) allows minor improvement such as alteration of staircases and balconies 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 4 unit apartment building with a detached two -car garage. The alteration of the exterior staircase of the existing apartments will maintain development standards applicable to the RHD -20 zone. The improvement will not increase density or change beyond existing use of the 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 not add habitable space, will not change existing operating characteristics of the 4 unit apartment building, 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 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 -9 for the replacement of an exterior staircase of the existing 4 unit apartment building which is nonconforming is subject to the following conditions: 1. Minor Use Permit 18 -9 is approved for the replacement of an exterior staircase of the existing 4 unit apartment building located at 350 12th Street. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 18 -9. All new construction shall comply with all applicable state and local codes. Page 2 of 3 Resolution 18 -19 350 12"' street 3. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 4. 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. 5. 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. PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on November 5, 2018, by the following vote: AYES: Commissioners C ' NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Michael Thomas Chairperson ATTEST: C slat Lai va tanning C fission Secretary Page 3 of 3