HomeMy WebLinkAboutPC Res 19-16 - 2019-10-21RESOLUTION NO. 19-16
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING REASONABLE
ACCOMMODATION 19-1 TO ALLOW FOR THE INTERIOR
AND EXTERIOR REMODEL TO AN EXISTING LIVING
ROOM TO CREATE A BATHROOM AND BEDROOM ON
THE FIRST FLOOR OF A TWO STORY SINGLE-FAMILY
RESIDENCE ON A PROPERTY THAT ALREADY HAS 5
BEDROOMS AND A TWO -CAR GARAGE IN THE
RESIDENTIAL LOW DENSITY (RLD-9) ZONE.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Andy Wolf ("the applicant") on behalf of his mother Miriam
Wolf ("the owner") submitted an application to the Community Development Department
for Reasonable Accommodation RA19-1 for an existing parcel located at 4880 Dogwood
Avenue. The proposed project includes the interior and exterior remodel to an existing
living room to create a bathroom and bedroom on the first floor of a two story single-family
residence on a property that already has 5 bedrooms and a two -car garage in the
Residential Low Density (RLD-9) Zone.
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 an interior and exterior remodel at an existing residence where
modifications are required for the renovation.
Section 3. A duly noticed public hearing was held before the Planning
Commission on October 7, 2019 to consider Reasonable Accommodation RA 19-1. 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 irregular in shape with a lot area of
approximately 5,493 square feet. The site is surrounded by residential uses.
B. The subject property is currently developed with a two-story 5
bedroom single family residence and an attached two -car garage. The existing site is
conforming to all City setback, height and lot coverage requirements. The proposed
improvements will make the property deficient in the parking requirement. The applicant
will not be driving so a parking space is not required and one of the bedrooms is utilized
as a home office use.
C. The Seal Beach Municipal Code (SBMC §11.5.30) allows
reasonable accommodations to the City's zoning and land use regulations, policies, and
practices when needed to provide an individual with a disability an equal opportunity to
use and enjoy a dwelling.
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Resolution 19-16
4880 Dogwood Avenue
D. The applicant is proposing to add a bedroom and bathroom
downstairs in the living room to allow the home owner the ability to continue to reside in
the house she has lived in for over 40 years. The proposed addition will not result in
additional lot coverage to the existing 34%, which is less than the maximum 45% lot
coverage that is permitted in the RLD-9 zone.
E. According to the Seal Beach Municipal Code (SSMC § 11.5.30.025),
a reasonable accommodation shall expire 24 months from the effective date of approval
or at an alternative time specified as a condition of approval unless: (1) a building permit
has been issued and construction commenced; (2)) the use is established; or (3) a time
extension has been granted. . A one-year extension may be granted by the Planning
Commission for good cause. The application for a time extension shall be made in writing
to the Community Development Director (the "director") no less than 30 days or more
than 90 days prior to the expiration date.
F. The Seal Beach Municipal Code (SBMC § 11.5.30.020.D & E) allows
the City to consider the certain factors to determine whether the request is necessary to
provide one or more individuals with a disability an equal opportunity to use and enjoy the
dwelling. The requested accommodation will allow the applicant the ability to remain in a
residence she has resided in for over 40 years. The requested accommodation will not
alter the character of the neighborhood as the improvements are mainly on the interior of
the dwelling and the exterior will look similar to many residences in the area. The
requested accommodation will not increase traffic and the parking will not increase as the
person who the reasonable accommodation is for does not drive. The request will also
not substantially undermine any expressed purpose of the City's general plan as the
character and use of the property will remain a residential single-family type use.
G. The Seal Beach Municipal Code (SBMC § 11.5.30.020.F) provides
that a reasonable accommodation shall lapse if the exercise of rights granted by it is
discontinued for 180 consecutive days. If the persons initially occupying a residence
vacate, the reasonable accommodation shall remain in effect only if the director
determines that the accommodation is necessary to give another disabled individual an
equal opportunity to enjoy the dwelling. The director may request the applicant or his or
her successor in interest to the property to provide documentation that subsequent
occupants are persons with disabilities. Failure to provide such documentation within 10
days of the date of a request by the City shall constitute grounds for discontinuance by
the City of a previously approved reasonable accommodation.
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 remodel is consistent with the General Plan which
encourages architectural diversity in College Park East while ensuring compatibility
between residential uses. The General Plan also recognizes existing land uses and
permits minor alterations that do not change the existing quality or character of the
neighborhood. The proposed addition to the residence will allow for the addition of a
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Resolution 19-16
4880 Dogwood Avenue
bedroom and bathroom downstairs to the residence, and will be consistent with other
surrounding properties in size, setbacks and height.
B. The proposed use is allowed within the applicable zoning district with
a reasonable accommodation approval and will comply with all other applicable provisions
of the Municipal Code. The subject site is located within College Park East RLD-9 zone,
an area where the Seal Beach Municipal Code (SBMC § 11.5.30) allows reasonable
accommodations to the City's zoning and land use regulations, policies, and practices
when needed to provide an individual with a disability an equal opportunity to use and
enjoy a dwelling with Planning Commission approval.
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 single-family residence and is considered
conforming. The addition to the residence will maintain development standards applicable
to the RLD-9 zone. The improvements will add a bedroom that would require an additional
parking space but the applicant cannot drive so additional parking would not be needed.
The bedroom will be required to be removed once the applicant no longer lives at the
location or upon the expiration date of this approval, whichever is sooner.
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 not add square footage, 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 remodel of the first floor will not increase the existing lot coverage of
approximately 34 percent. The lot coverage on the subject site will continue 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 Reasonable Accommodation RA19-1 for the remodel of the interior and exterior
to the first story to an existing single family residence subject to the following conditions:
Reasonable Accommodation 19-1 is approved for the interior and exterior remodel
of the first story of an existing single family residence to add an additional bedroom
and bathroom to an existing 5 bedroom residence located at 4880 Dogwood
Avenue.
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4880 Dogwood Avenue
2. All plan check and future construction shall be in substantial compliance with the
plans approved through Reasonable Accommodation 19-1. 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 Reasonable Accommodation shall expire 24 months from the effective date of
this Resolution unless (1) the final of the building permit required for the
construction of the bedroom and bathroom has been issued and construction
commenced; (2) the use is established; or (3) a time extension has been granted.
A one year extension may be granted by the Planning Commission for good cause.
The application for a time extension shall be made in writing to the director no less
than 30 days or more than 90 days prior to the expiration date.
6. The Reasonable Accommodation shall lapse if the exercise of rights granted by it
is discontinued for 180 consecutive days. If the owner vacates the property, or prior
to close of escrow of the property if the owner will no longer live at the property
upon sale, the Reasonable Accommodation shall remain in effect only if the
director determines that the accommodation is necessary to give another disabled
individual an equal opportunity to enjoy the dwelling. The director may request the
applicant, the owner, or his or her successor in interest to the property to provide
documentation that subsequent occupants are persons with disabilities. Failure to
provide such documentation within 10 days of the date of a request by the City
shall constitute grounds for discontinuance by the City of the Reasonable
Accommodation.
7. The applicant shall record a covenant on the property, approved by the City
Attorney, that states the Reasonable Accommodation granted is personal, and
shall not run with the land, and that if owner vacates the property, or prior to close
of escrow of the property if the owner will no longer live at the property upon sale,
the sixth bedroom shall be removed and the Reasonable Accommodation shall no
longer remain in effect unless the director determines that the Reasonable
Accommodation is necessary to give another disabled individual an equal
opportunity to enjoy the dwelling.
8. Except to the extent allowed by the City pursuant to the grant of the Reasonable
Accommodation, all construction of the project shall be carried out in conformity
with all applicable laws, including all applicable state labor standards, City zoning
and development standards, building, plumbing, mechanical and electrical codes,
all other provisions of the City Municipal Code, and all applicable disabled and
handicapped access requirements.
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4880 Dogwood Avenue
9. This Reasonable Accommodation 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 Reasonable
Accommodation 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 October 21, 2019, by the following vote:
AYES: Commissioners �G�� u, u ✓ 1Cd„ r . IM\L.r -1-h_
NOES: Commissioners NcarK
ABSENT: Commissioners Vivic.
ABSTAIN: Commissioners Nao-e.
ATTEST:
Steve Fowler
Planning Commission Secretary
T G�L�,�clta�
Patricia Campbelf
Chairperson
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