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HomeMy WebLinkAboutPC Res 19-14 - 2019-08-05RESOLUTION NO. 19-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT 19-6 TO ALLOW THE ADDITION OF APPROXIMATELY 751 SQ. FT. AND THE INTERIOR REMODEL OF AN EXISTING ONE-STORY RESIDENCE ON A PROPERTY THAT IS NONCONFORMING DUE TO SETBACKS LOCATED AT 218 13TH STREET IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Steven Sennikoff ("the applicant"), on behalf of property owner Elizabeth Smith, ("the owner") submitted an application to the Community Development Department for Conditional Use Permit 19-6. The proposed project includes the addition of approximately 751 square feet and the interior remodel of an existing one-story single-family residence which is nonconforming due to setbacks 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 August 5, 2019 to consider Conditional Use Permit 19-6. 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 3,750 square feet. The property is approximately 37 feet 6 inches wide by 100 feet deep. The site is surrounded by residential uses on all sides. B. The subject property is proposing to add 751 square feet and remodel the existing one-story single-family residence containing two bedrooms and one bathroom, and with a detached two car garage at the rear. Based on the existing setback conditions, the subject property is considered nonconforming because the garage does not maintain the required south side yard setback. The proposed improvements will not expand any existing nonconformity. The proposed addition will comply with all required setbacks. C. The Seal Beach Municipal Code (SBMC § 11.4.40.020) allows improvements, which involve the alteration or addition to residences that are Page 1 of 4 Resolution 19-14 218 13' Street nonconforming due to setbacks. The addition is to add approximately 751 square feet to the one-story residential structure that conforms to all the requirements of the Municipal Code. The addition will not intensify the nonconforming setback as the addition is proposed on the residential structure that meets all the requirements of the Municipal Code. Part of the addition will attach the residence to the existing garage but will be constructed to meet all required setbacks. D. The applicant is proposing to add approximately 751 square feet to the one-story residence. The proposed addition will add a master bedroom and bathroom to the existing two-bedroom one -bathroom residence, and also add a front porch. The proposed addition will increase lot coverage to approximately 50%, 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 addition and remodel 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 will allow for addition of a master bedroom, master bathroom and front porch, but will not expand any nonconformity and will be consistent with other surrounding properties. The property is nonconforming because the detached garage does not meet the required interior side yard setback along the south property line. 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 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 occupied with a one-story single-family residence and is considered nonconforming due to setbacks only. The addition to the residence will maintain development standards applicable to the RHD -20 zone. 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 751 square feet of Page 2 of 4 Resolution 19-14 218 13th Street habitable space, and will remain similar to surrounding residential uses throughout the RHD -20 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 addition to the residence will increase the existing lot coverage to approximately 50 percent. The lot coverage on the subject site will continue to be under the maximum 75 percent lot coverage 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 19-6 for the addition of approximately 751 square feet and the interior remodel of an existing one-story single-family residence which is a nonconforming property subject to the following conditions: 1. Conditional Use Permit 19-6 is approved for the addition of approximately 751 square feet and the interior remodel of an existing one-story single-family residence which is nonconforming due to setbacks, on a property located at 218 13th Street. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Conditional Use Permit 19-6. 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. 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 Page 3 of 4 Resolution 19-14 218 13' Street 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 August 5, 2019, by the following vote: AYES: Commissioners Miller, Aguilar, Thomas NOES: Commissioners ABSENT: Commissioners Campbell, Klinger ABSTAIN: Commissioners ATTEST: Steve Fowl Planning Commission Secretary Robert Aguilar Vice Chair Page 4 of 4