Loading...
HomeMy WebLinkAboutPC Res 19-09 - 2019-07-15 RESOLUTION NO. 19-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 19-3 TO ALLOW A 715 SQUARE-FOOT 2ND FLOOR ADDITION AND FRONT PORCH TO AN EXISTING 2,279 SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH A TWO-CAR GARAGE AT A PARCEL THAT IS NONCONFORMING DUE TO SETBACKS LOCATED IN THE RESIDENTIAL LOW DENSITY (RLD-9) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Shane and Autumn Igo, ("the applicants") submitted an application to the Community Development Department for Conditional Use Permit 19- 3. The proposed project includes an addition of a 715 square-foot second story and front porch of existing one-story single family residence located at 715 Coastline Drive 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 (Conversion of small structures) Categorical Exemption pursuant to Section 15301(e)1 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a 715 square-foot second story addition which is less than 50 percent of the existing single-family residence. Section 3. A duly noticed public hearing was held before the Planning Commission on July 15, 2019 to consider Conditional Use Permit 19-3. 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 subject site consists of a 5,070 sq. ft. parcel developed with a one-story single family residence and two-car garage. The subject site is located on the northwest corner of Coastline Drive and Ebb Tide Place in The Hill area. The subject site is surrounded by residential uses on all sides. The subject property is located in the RLD-9 (Residential Low Density) zone. B. The subject property is currently developed with a one-story single family residence and attached two car garage. Based on the existing setback conditions. the subject property is considered nonconforming because the portion of the front of the house that faces Coastline Drive is within the 18-foot front yard setback and the rear of the residence is within the 10-foot rear yard setback. The proposed improvements will not expand any existing nonconformity. The proposed addition will maintain all current required setbacks. Page 1 of 4 Resolution 19-9 715 Coastline Drive 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 addition is to add habitable square footage to the second floor of a residential structure that conforms to all the requirements of the Municipal Code. The addition will not intensify the front and rear nonconforming setbacks. D. The applicant is proposing to add approximately 715 square feet as the second story of the residence. The proposed addition will not add any bedrooms but will add one bathroom to the existing four bedroom, three bathroom residence. The proposed second story addition will not result in additional lot coverage but the proposed new front porch will add additional lot coverage. The existing total lot coverage is 45% and is proposed to be increased to 47%, which is less than the maximum 45% lot coverage plus 5% for the open front porch which 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 addition is corsistent with the General Plan which encourages architectural diversity in the Hill area (Planning Area 5) 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 game room and front porch on the first floor , and an office, master bedroom and bathroom on the second floor, of, will not expand any nonconformity, and will be consistent with other surrounding properties. The property is nonconforming because the front of the residence is within the front yard setback and rear of the residence does not meet the required rear 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 improvements such as the alteration or addition of habitable 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. Page 2 of 4 Resolution 19-9 715 Coastline Drive 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 715 square feet of habitable space, and will remain similar to surrounding residential uses throughout the RLD-9 zoned area. 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. The existing total lot coverage is 45% and is proposed to be increased to 47%, which is less than the maximum 50% lot coverage that is 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 19-3 for the addition of the second floor to an existing one-story single family residence which is a nonconforming property subject to the following conditions: 1. Conditional Use Permit 19-3 is approved for the addition of a 715 square feet second story to an existing one-story single family residence which is nonconforming due to setbacks, located at 715 Coastline Drive, for a new bathroom, office and master bedroom on the second floor, a remodeled game room on the first floor, and a new front porch. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Conditional Use Permit 19-3. All new construction shall comply with all applicable state and local codes. 3. The applicant must obtain approval from the California Coastal Commission prior to submitting for Building Plan Check. 4. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 5. All materials, color, wall finishes and roof material must be consistent with existing material 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 Page 3 of 4 Resolution 19-9 715 Coastline Drive 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 15, 2019, by the following vote: AYES: Commissioners CA,nWeeaL., Tuo,1a-5`Mcc�ciz1 kuv4tt�, 11-4 iL/-12 NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Patricia Campbell Chairperson ATTEST: Steve Fowler Planning Commission Secretary Page 4 of 4